Apologies for quoting my own post, but too late to edit it!
I would also consider copying in the local Police and Crime Commissioner - I'm sure they would be interested in the potential waste and mis-direction of police resources caused by the use of out of date info (if that's what the problem is).
claimant not ent...
can I confirm the following was included in your initial response form
The Signed Consumer Credit Agreement
The Notice Of Assignment
The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8
A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.
The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).
I will contend at trial that such charges are unfair in their entirety.
in D2 enter:
. The claimant has averred on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX
A CCA Request section 7? was sent recorded delivery on [date].
To date the claimant has failed to comply & is in default of said request.
2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years
It depends on how the restriction is worded.
If it just says "no disposition ..." Then yes you do have to clear it to re mortgage
but if it says "no disposition other than a charge ...." then you don't.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!