Capquest/Drydens stayed Claim halifax Card - ***Claim Dismissed***

[dx100uk]

That's not a blank template

Put the dates and amounts back please

[potman100]

This is what I have been sent from Drydens, they removed every thing.

[dx100uk]

Bogroll then!!

 

They can't do that

 

Take someone else's DN and blank out all the details and claim it's like the one sent to you

 

What utter muppets!!!

 

It just proves further that we know they raid their filing cabinets s and fake paperwork ALL the time!!

[dx100uk]

Have you actually received a n244 with that

If so scan it up

[potman100]

Here you go, the N244 and as is mentioned in the previous the screen dump they say proves I was sent the default notice.

n244.pdf

[dx100uk]

Well it doesn't

It's not from OC's system but a dump from the fleecers?

Won't wash!!

[potman100]

In Background, point 6 of the multi pdf they say that the Screen Dump is from the OC system, but they have no witness statement so it could be from any computer system.

[potman100]

Hi dx100uk

 

I'm having trouble finding the cases you mention above, any chance of a pointer to the cases.

 

Thanks

 

potman

[AndyOrch]

Hi responding to your PM

 

The claimant has made application to strike out your defence and or request Summary Judgment pursuant to CPR 1.4 and 3.4 and CPR 24 respectfully.

 

Their application is dated 26th March 2018 so it should be processed by now and the court will confirm the hearing date with you

 

 

As per page 2 of the N244 application you have a right to respond to their application by way of your witness statement in response/objection as to why their application should be dismissed.

This must be filed and served not less than 7 days before the impending hearing date pursuant to CPR 24.5.

 

The relevant CPRs are as follows....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

Look at some examples on previous threads re witness statements/summary judgment.

 

Andy

[potman100]

Hi Andyorch

 

Thanks for the info and links, I will study them to see if I can make sense of them. Yes they have set a date, 21/05/2018 for the hearing.

 

Regards

 

Potman

[AndyOrch]

So by Mon 14th you must file and submit your response witness statement.

[potman100]

Yes, I was going to send by the 11th, just to make sure it gets there in time.

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?467676-Lowells-Claimforn-old-Capital-One***Claim-Discontinued***/page2

 

Post 77

[potman100]

Thanks dx100uk, will have a look at it later on.

[AndyOrch]

Its post # 130....but requires a few tweaks on the intro and conclusion because that OP is not contesting Summary Judgment

[AndyOrch]

Here is a thread from today that has a finalised WS in response to Summary Judgment/Strike Out...be aware that this is for a current account overdraft...but it will give you a flavour.

 

Post #133

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?456617-Cabot-Restons-Claimform-old-Halifax-Current-account-OD-debt/page7

 

Andy

[AndyOrch]

1 Witness statement in response/objection...please complete the parts marked xxxxxx and check for accuracy.

 

 

Portman WS.pdf

 

Regards

 

Andy

[potman100]

Hi Andyorch

 

Thanks for this, I know you are always busy, but this has taken a weight off.

 

I will go through it and add the relevant details, and get it sent recorded delivery to the court tomorrow.

 

What do you think the chances of me winning this, looking through the statement, and some of the references

I would think there is a good chance of success ???

[AndyOrch]

Depends on the calibre of the District Judge you get.

[potman100]

Let's hope that they are Fair.

 

Are there any potential counter arguments that you can think of ?

 

Just if there is I could do some more reading and get prepared !

 

Thanks Again for you help with this.

[AndyOrch]

I have already outlined them in the statement...the agreement is deficient of the prescribed terms and there is no definitive proof that a default notice was issued...the notice of assignment is a side issue and not a winning point but the first two are fundamental in a claimant being able to enforce an agreement and seeking relief.

 

So you need to get up to speed on the necessity of prescribed terms contained in an agreement to make it executable and why section 127.1 of the CCA1974 comes into play.

 

And secondly section 87/88 of the CCA1974 requisites of why a valid default notice must be served.

 

A DCA that buys debts is very much reliant on the original creditor for having to had legally followed the process and being able to give them the necessary paperwork to back up the claim..and ultimately enforce it.

 

You can see from what the claimant has disclosed is very patchy and clutching at straws...all the statements in the world are irrelevant if you cant disclose a valid agreement and prove a default notice was issued and they try to persuade a court on the balance of probabilities that the debt is owing.

 

A problem they only face when a claim is defended ...as with a default judgment there are no questions asked nor are they compelled to disclose any paperwork.

[potman100]

I will have a good look a the sections you mention tomorrow, bit late now to get my head around them.

 

They might just not turn up at court once the WS is submitted ?

TheThis was the case last time !! with a similar case.

 

So, looking at Section 127, could it be said that they had breached the first 3 sections

 

[F1(za)section 55(2) (disclosure of information), or]

[F2(zb)section 61B(3) (duty to supply copy of overdraft agreement), or]

(a)section 65(1) (improperly executed agreements), or

 

as a counter argument to the judge, even though we are only referencing (a)section 65(1) (improperly executed agreements) in the WS ?

[AndyOrch]

Plus its devoid of the prescribed terms along with sections 87/88 the default notice.

 

[F2(zb)section 61B(3) (duty to supply copy of overdraft agreement), or]...not applicable to credit cards

 

What are the Prescribed Terms ?

 

 

For a credit agreement to be enforceable in a court of law it must contain a number of prescribed terms. If any contract is missing any of these prescribed terms then it can be deemed ‘unenforceable’ and the debt cannot legally be collected by the lender.

In section 127(3) of the consumer crediticon Act 1974 it clearly states;

(3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

Here is an overview of the requirements of section 127(3) of the Consumer Credit Act 1974. For a credit agreement to be enforceable it must contain the following prescribed terms;

 

 

1) Amount of credit

There must be a term on the agreement which states the amount of credit which has been issued

 

2) Credit Limit

The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan)

 

3) Repayments

The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following points;

 

a. Amount of repayments to be made

b. Date the repayments are to be made

c. Timing of payments

d. Frequency of payments

e. Total number of repayments (For instance, when a loan is required)

f. The power of the creditor to vary any of the above mentioned

f. The manner in which any of the above is to be determined.

 

4) Rate of interest

There must be a term referring to the rate of interest to be applied to the credit agreement

Credit Cards;

If you have a credit card then sections 2, 3, and 4 apply to you.

 

Loans;

If you have a loan sections 1 and 2 apply.

What if my credit agreement does not contain any or one of these points?

 

You credit agreement does not comply with the Consumer Credit Act 1974 and is invalid. If you credit agreement was to be taken to a court the judge would not be able to make an enforcement order to enable to debt to be collected by the lender.

When this happens the debt effectively sits in ‘limbo’ as it cannot be legally collected and you are not obliged to repay it. Most lenders don’t want loose ends or debts sat in ‘limbo’ as it takes up more of their resources maintaining dormant accounts so in the majority of cases the lender will write the debt off.

Section127(3) also provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor. This basically means a lender needs to be able to supply a ‘true copy’ signed copy of a credit agreement, along with signed terms and conditions in order for it to be enforceable in a court of law. If a lender cannot supply this then the debt can also be rendered unenforceable.

 

Andy

[potman100]

Thanks for this m8, makes things clearer, I did not realize the deficiencies in the paper work until you put up the last post.

 

This gives me a better understanding of the case.

 

Potman100

[potman100]

Hi Andyorch

 

Well court on Monday !!!

 

Just wanted to ask, I received a costs breakdown from Drysdens, over £1600, my question can I request costs if I win the case ?

 

Potman100