1st credit/beever CCJ - old Halifax Credit Card set aside now new hearing

[1099OID]

In Schedule 6, CCA regulations 1983 is says

Credit limit

3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

 

On the agreement/ photo copy of the application form, it does not state a credit limit, it just says, we will tell you your credit limit? Which I still don’t know what the opening credit limit was. but never the less, does this comply with term above (or the manner in which it will be determined? section.

[AndyOrch]

It cant state the credit limit because its an application form and that has yet to be decided once the credit application has been processed...unless its a pre approved application with a pre approved credit limit.

 

When does an application form become a credit agreement...an argument that has gone on since I joined CAG and yet courts still allow it as a enforceable credit agreement...even though this prescribed term is missing and cant possibly be placed until its executed and your application processed and approved and credit limit agreed.

 

Andy

[1099OID]

Just to add,

the application carries my signature,

it was not signed by the original creditor,

 

it is a debt collection company who has bought the debt and is taking me to court.

 

so can i take it,

 

in its present form it would not comply with section 60 and 61 of the consumer credit act 1974 and it is pre 2007.

 

would i be able to use section 127/3 of the same act in a defence?

[dx100uk]

can you complete this please

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

have you filed a defence yet?

 

dx

[1099OID]

I got too big for my boot and got a smack in the mouth by the courts for challenging their jurisdiction.

 

I said how can I put a defence in when I haven’t received a contract and paper work I have requested and they haven’t complied with the pre-action protocol? By providing me a copies of a contract.

 

Well the CCBC gave them the decision, so I had to fill for a set aside.

 

I went to my local county court and won the set aside.

 

They said I had to submit and serve a full defence within 14 days.

That was last month

 

since then I have received a N180 saying this case is suitable for the small claims track.

 

I have to complete the form N180?

 

I have submitted and served the other party

But now I have so much doubt in my life,

sleepless night as my confidence is shot

and my wife thinks I am drinking too much a

nd I have been finding myself going to some dark places.

 

I have buried my head in the sand to long I need to deal with it, it isn’t going away.

[dx100uk]

all good so we need atleast to see the original POC please

 

so why not do the link as well then we have everything.

 

dx

[1099OID]

I will post the original POC, it is for breach of contract.

 

i might not be able to put them up until Saturday i am helping with a a charity event to night and tomorrow we are setting up the stage and lights etc. and show tomorrow. it is to raise money for local Hospice

[dx100uk]

so a phone debt?

 

you can send the N180 back

yes to mediation

1 wit you

the rest is obv

 

copy to the claimants sols [you can omit email/phone]

1 to court

copy for your file.

[1099OID]

No it is a credit card debt, and the N180 has already gone back.

[dx100uk]

well nothing to do with it is for breach of contract then.

 

can you not simply do that link

you been here an hour you could have done it.

 

whos the fleecers taking you to court then?

[1099OID]

i will have to gone now, i Finnish work in the next few minutes and I will going straight to the hall to set up the stage for the singers. speak to you guys later. i fell better just getting this out.

 

Sorry Dx 100 I am at work, I had finished my work set out for the day early. i have to stay until the end but they let you use the computers.

 

i dont have any copies with me they are at home.

 

please forgive me, i see what you mean the link on one of your posts i will try to complete it tonight. when i get home.

[dx100uk]

ta

 

dx

[dunker1967]

It will seem like the process is running at 120 mph and you are dragging behind....don't worry and don't let it get to you. Just comply with the timetable, keep your admin in one place and....breathe....

[1099OID]

sorry guys for being late with my replies i have come down with the flue on Saturday and have only just got out of bed I have filled out the Questionnaire form Dx100uk

 

Name of Claimant 1st Credit

Date of issue was the 03/04/2017

 

What is the claim for –

Breach of contract.

Particulars of claim

1.The claimant is the assignee of a Bank of Scotland plc debt, in the sum of £4500 assigned on XX/XX/2014. Statutory notices of assignment were sent to the defendant.

 

2.The debt is a credit card account first opened by the original creditor on or about the XX/XX/2005 under reference XXXXXXXXXXXXXX.

The defendant used the credit facilities on XX/XX/2009 the account was defaulted with an outstanding balance of £5.000.

3.The claimant and it predecessors in title demand repayment of the sum due in breach of contract the defendant failed to repay the sums due.

4.AND THE CLAIMANT CLAIMS

1 The sum of £3500

2 statutory INTEREST pursuant to S69 county courts act 1984 at 8% per Annum from 08/12/2014

 

The original creditor was the Halifax who the BOS bought.

 

What is the value of the claim? £4500

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 2005

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

It was bought by a debt purchaser who has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? I do not have one in my files but it does not mean they did not send one

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

Why did you cease payments?

Lost my job struggling to pay at the time. I got introduced to FMoTL etc (I have moved on since then)

I thought I would see if they had a contract

I asked them for a copy of the contact.

They only sent a copy of the application form and reconstituted copy of some terms and conditions the application form did not have all the prescribed terms.

 

What was the date of your last payment? Oct/Nov 2013

 

Was there a dispute with the original creditor that remains unresolved? In so much as it was the original creditor who I first asked for a contract they then sent it to 5 other debt collection agency’s before the last one.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I paid a set amount a month before Dec 2013

[dx100uk]

what defence did you file [verbatim please]

 

read UPLOAD

 

when is the hearing date

 

since the original claimform have you sent 1st credit a CCA request?

 

ps hope you got out of that flue ok?

[1099OID]

I will have to scan and hide details so bear with me it will take some time .

 

In the meantime.

I applied to the court for a set aside under CPR rule 13. 3

the defendant has a real prospect of successfully defending the claim.

 

i show using their court bundle that it does not have the prescribed terms required under section 60.

And under section 61 the signing of the document with a prescribed term missing did not comply and then I said under section 127-3 the court cannot make an order for enforcement under section 65 if section 61 has not been complied with.

 

Their solicitor just sat there and just went on about the money.

The judge said I had a defence.

But she has made an order that 14 days to file a full and proper defence which I did.

 

But may i ask does my original post (see below) hold any water.

In that there is no contract with the credit limit on with my signature.

and that the application form with a missing prescribed term caring only one signature does not comply with section 61?

 

In Schedule 6, CCA regulations 1983 is says

Credit limit

3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

 

On the agreement/ photo copy of the application form,

it does not state a credit limit,

it just says,

we will tell you your credit limit?

 

Which I still don’t know what the opening credit limit was.

but never the less,

does this comply with term above (or the manner in which it will be determined? section.

[AndyOrch]

Refer to post#2

[1099OID]

I recently lost a court case and the DCA got judgement for around 5.5k i dont have this kind of money, so i offered to set up a payment plan.

 

I made them a offer Of x amount but they wont except anything until i fill in a financial statement which rubs me up the wrong way but they have the judgement i guess i have to play ball to a point.

 

i have a few question i need help with.

 

They have asked for my wife earning, where i work etc Do i have to include her earning since the debt is not hers and that is her private information and she may not wish it to be given. also at this point do i have to provide my employer at this stage of the game.

i know if they contact them that's my job down the road. also do i have to sign it ?

 

If i am a member of a gym do i have to join a cheaper gym or give up on some of my Hobbies and interests to accommodate the amount they think is fair if they dont except my offer.

[fkofilee]

Which DCA? - And no you dont have to fill in their forms even if there is a judgement. What did the COURT set it at?

If not named on the Judgement then they cannot touch your Wifes earnings or anything else

The subject is you

 

Tell us more about the debt too?

[AndyOrch]

There is no need to negotiate a payment plan with the Judgment claimant..they will never agree...you submit an N245 through the court that issued judgment and vary it to monthly payment.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

Fee is £50 unless you qualify for fee exemption.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-April-2016**

 

 

Thread title renamed.

 

Regards

 

Andy

[1099OID]

I had been fighting a credit card debt since Dec 2013 due to losing my job

after selling it on to a DCA back in 2014 they decide now to take me to court.

 

let’s just say the judge was not on my side i got my pants pulled down and duly spanked.

now i have to sort out some repayment plan.

 

I was wondering what i can claim for,

for example i go to a good gym I do amateur dramatics and raise money for charity,

my son and his wife do clay pigeon shooting as a hobble and they have got me going with them as a family outing,

so will I have to give these up to pay the DCA

[1099OID]

They are asking for evidence to support my Financial statement. how much documentation are they entitled to ? what do i have to provide them. can you help. Thanks

Edited March 15, 2018 by 1099OID
pressed the button to soon

[AndyOrch]

Who are they ?

[1099OID]

A debt collection company bought the debt off the Halifax and they took me to court and won.

 

Either I set up payment plan or wait for the bailiffs or they go after my wages and I lose my job. and be assured my job would go.

 

I am trying to find out how much are they entitled to as far as the information I have to provide, also do I have to change things like cutting back so as to pay them can they force things like this. I am completely in the dark, so I need some help

[dx100uk]

who said you've got to fill out any I&E form

and very rare for DCA's to involve bailiffs

 

esp if the debt is a credit card regulated by the CCA..

 

so whos set you this form?

 

and whos the DCA please