PRA/? claimform - old Halifax Card 'debt'***Claim Dismissed***

[mercyblue]

Thanks mercyblue,

 

I appreciate any help/guidance

There is so much to take in as a noob in this field for sure.

I get the point not to assume anything .. that's for sure!

 

As long as i can put my case fwd to the best of my ability and have factual info that relates, I would have done my best.

 

Ii find all the very kind help from CAG more than kind, and always welcome any comments.

 

Many Thanks

 

Thanks, I'm glad you got the point of my posts.

[Guest]

I get the point not to assume anything .. that's for sure!

[SaveTheSheck£es]

Will do dx,

Will update tomorrow

 

There is definitely one £12.00 fee listed as LATE FEE

 

Update:

 

The hearing for my case takes place in early January 2017.

 

I have been asked to submit the documents i consider relevant to my case to both the court and claimant, and within 2 weeks of the hearing date.

 

The key doc is the so called agreement i was provided which is my main point of contention,

my main point being .. the document sent to me as a copy of an agreement does not meet the prescribed terms of a legal credit agreement.

 

Should i be also sending the original lenders Default Notice which i have been told is faulty as did not allow days of service?

The Debt is an assigned Debt.

 

Is there anything i should be doing that i may overlook

 

Any help as always well appreciated.

 

Thank you

[AndyOrch]

Its usual for parties to submit a witness statement also STS...check your directions.

 

Re the DN yes you can disclose it as its fundamental to your defence...on the claimants copy mark it across the middle through the writing...Defendants Original Copy.

 

Andy

[jackreacher]

Just looked at your t&c's ..there is no 2.2 that is referred to in your DN.

 

As they don't agree ...ask the judge for the original signed agreement to be provided. Especially as there are no prescribed terms.

[SaveTheSheck£es]

Its usual for parties to submit a witness statement also STS...check your directions.

 

Re the DN yes you can disclose it as its fundamental to your defence...on the claimants copy mark it across the middle through the writing...Defendants Original Copy.

 

Andy

 

Thanks Andy,

 

The following Directions apply to this claim:

 

Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

The Original documents must be brought to the hearing.

 

The Judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

 

The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

 

Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name and address of the witness;

c) Set out the witnesses evidence clearly in numbered paragraphs and numbered pages;

d) End with this paragraph: "I believe that the facts stated in this witness statement are true." (or words to that effect); and

e) be signed by the witness and dated.

 

So with my witness statement if i said ...

 

"the copy of the credit agreement supplied i contest due to not meeting the prescribed terms of a legal credit agreement."

 

"Default Notice Issued from original creditor did not allow for days of Service (2 Days)".

Would this be correct way to do?

 

Last week i received a letter from claimant saying please find enclosed the following documentation in relation to your Lloyds (Halifax) account.

1) Copy of Credit agreement

2) Terms and Conditions

3) Statements

4) Information on Notice of Default

5) Lioyds to Aktiv Kapital Notice Of Assignment

6) Aktiv Kapital to PRA Notice of Assignment

 

We consider all points raised in your defence satisfied.

 

We now invite you to withdraw your defence at the court and provide us with confirmation that this has been done therefore avoid further costs being incurred by yourself by going to a Hearing.

 

Please also find enclosed a financial Statement for you to complete and return to us.

Please include a list of all creditors and amounts owing.

This information is important to allow us to understand your financial circumstances and to consider any proposals in a balanced and informed way.

Please ensure that any repayment offer put forward is affordable for you and will not effect any priority bills.

 

Any guidance on all this would as always be much appreciated.

 

Thank you

[jackreacher]

Just looked at your t&c's ..there is no 2.2 that is referred to in your DN.

 

As they don't agree ...ask the judge for the original signed agreement to be provided. Especially as there are no prescribed terms.

[dx100uk]

scan up to ONE multipage PDF the documents that you received as you detail above.

 

as for the bottom be that's their usual willy waving if they think they have complied

to unsettle and harass you.

[AndyOrch]

I would wait until you receive the claimants witness statement before finalising yours...this will give the points that they hope to rely on and wait and see if and what they state with regards to the default and breach.

 

Thats assuming they serve one ...with regards to the above letter do not respond...lets see if they wish to respond to the directions first.

 

Andy

[SaveTheSheck£es]

Just looked at your t&c's ..there is no 2.2 that is referred to in your DN.

 

As they don't agree ...ask the judge for the original signed agreement to be provided. Especially as there are no prescribed terms.

 

Thanks Jack,

In the documents they sent me last week there is a 2.2 .. but no signatures just blank where says signature .. looks like just generic docs they have printed and sent me!

 

I would wait until you receive the claimants witness statement before finalising yours...this will give the points that they hope to rely on and wait and see if and what they state with regards to the default and breach.

 

Thats assuming they serve one ...with regards to the above letter do not respond...lets see if they wish to respond to the directions first.

 

Andy

 

Thanks Andy, as usual makes total sense thank you

 

I thought at 1st this pack of docs received was their witness statement but now seeing what your saying just a load of info to get me to throw the towel in .. Interesting

 

Thank you

 

Hearing is 03 Jan 2017 ... I assume the 14 Days Court and claimant must have all my docs is just 14 days .. not 14 Working Days?

 

Please could it be confirmed it is 14 Days and not working days

 

Much appreciated

[AndyOrch]

14 normal days....

[SaveTheSheck£es]

14 normal days....

 

Sry Andy .. normal days = Mon Fri???

So i would need post tomoz to get there for Tuesday 13 December ???

[AndyOrch]

No just 14 days including weekends...dont forget Christmas Day is a holiday so allow 1 extra

[dx100uk]

get that scanning done.

[SaveTheSheck£es]

Hi dx,

 

As requested 24 Docs in one multi page pdf, I have Edited the personal details where required, hopefully will all make sense.

 

I am tending to think these docs are what is their witness statement as such.

 

I need to draw up my witness statement and get sent to Court and Claimant asap now.

 

I have noticed the generic terms and conditions they have sent here differ and quote diff charges lol,

 

 

my witness statement i planned on stating i contest the document they are trying to say is a credit agreement and the Default notice from original creditor not allowing the Days Of Service, also the differing terms and conditions.

 

Any help/advice drafting the Witness Statement would be more than appreciated.

 

Thank you as always.

 

Its usual for parties to submit a witness statement also STS...check your directions.

 

Re the DN yes you can disclose it as its fundamental to your defence...on the claimants copy mark it across the middle through the writing...Defendants Original Copy.

 

Andy

 

Thanks Andy

will do

CAG_SCANNED_DOCS.pdf

[dx100uk]

att hidden

pers info on page 3.

and on page 13

name is on page 23

 

I would also be removing ALL address barcodes too!

 

1st set of T&C's page 5 cant be from 2001 as the penalty charges - £12 are wrong for that time period

£12 didn't come in until after the FCA investigation in 2006

 

and if you look at the address at the base of page 2 it says Cardiff

 

if you look at the base of page 7 it says pitreavie BP - Dunfermline

- which I don't think they resided at in 2001

 

I would suggest the 1st set of T&C's were sept 2007 vintage

 

so thus the supposed online tickbox agreement page 10 is fake

as you never signed up online.

 

2nd set of T&c's page 14

is from 12/2000

 

mixed in are a 3rd set of t&c's from page 15 which are 10/2000

[SaveTheSheck£es]

Thanks dx,

 

Missed them details when looked over

 

I will edit them out now and re-up the pdf .

. drafting my witness statement at min too .

. trying to get something put together to send signed for tomoz .

. will post when done also.

 

Thanks for the eagle eyes and chking over for me with them missed details not removed

 

Docs edited removed the missed personal details.

 

Thanks again dx

 

Hopefully all correct now

 

dx ...so thus the supposed online tickbox agreement page 10 is fake

as you never signed up online.

I never made any edit to that doc it was totally blank box anyhow .. all the docs i edited i marked as EDITED when created the PDF .. i need chk if show that fact.

 

Thanks for all the important facts pointed out .. a right load of bog-roll they trying it on with .. hopefully Judge sees it same way on day

 

Ahhhh i never done the barcode edits

 

dx .. The points pointed out .. should i be making these in my witness statement?

CAG_SCANNED-DOCS_24.pdf

[dx100uk]

that's for andy to decide just pointing things out.

[AndyOrch]

Make a start on your statement...draft all the points that you intend to raise...then we can knock it into shape. Take a look around at some examples so you are aware of the form and content and how to refer to an exhibit etc.

 

Andy

[SaveTheSheck£es]

Thanks Andy,

I am doing this now and will upload once complete.

The Hearing takes place on 03 January 2017, these documents need to be with the Court and the claimant 14 days before hearing.

 

This may seem a silly question but please could you let me know what is the latest date they should receive the docs .. due to the Bank holiday days that fall between now and 03 January 2017,

 

I am very concerned these docs need posting today to arrive tomorrow with the Court and claimant .. please could you confirm the date taking into consideration, the 26th, 27th Dec 2016 and 02 January 2017 are all Bank Holidays.

 

Many many thanks

[dx100uk]

there is only one day to discount in terms of court timings

that's xmas day itself

[SaveTheSheck£es]

Thanks dx

 

So no Bank Holidays are counted .. and as Christmas day falls on a Sunday this year and the Bank Holiday day in Lieu for it is also not included ???

 

I will be mighty pleased if this is the case

 

hi dx,

15 Days adding 1 day for Christmas day, means the docs need be with Court and claimant this Monday 19 December 2016, so if I post tomorrow i'm all ok .. phewwww

[mercyblue]

Bank holidays are defined by the banking and financial dealings act 1971 (it is at cpr 6.2a.) Christmas day is actually a public holiday as opposed to a bank holiday.

 

http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06170

[SaveTheSheck£es]

Thanks mercyblue,

 

I'm more than pleased to learn that, i thought i have not calculated the 14 days correct and was a must to get docs sent latest today, thankfully can post tomorrow all ok

 

Make a start on your statement...draft all the points that you intend to raise...then we can knock it into shape. Take a look around at some examples so you are aware of the form and content and how to refer to an exhibit etc.

 

Andy

 

Hi Andy,

 

I have drafted a Witness Statement and also a letter to explain what i am enclosing .. please could you let me know if i am on the right path the way i have set out.

 

Very much appreciated as always.

 

I had to re-edit the above pdfs

I had left some details in by mistake .. here are the 2 Pdfs that should have been posted above.

WITNESS STATEMENT - Copy_TO EDIT CAG.pdf

WITNESS STATEMENT AND DOCS LETTER TO COURT_PRA-HALIFAX_REPLY TO JUDGE DIRECTIONS - Copy_TO EDIT .pdf

[AndyOrch]

I will run through it tomorrow morning now STS as I have only just got home.

 

Regards

 

Andy