On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear.
When they responded to my CCA and CPR requests they didn't give me a default date either.
So, what happens now? Is it likely that I'll actually have to go to court over this?
Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.
What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.
i want to ignore it but I’m not sure that’s the best thing to do?
i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.
I have no idea what these people want and this is the 1st contact.
can someone point me in the direction?
I've been reading up on cases, especially the HSBC vs. Carey.
Am I missing something?
It appears to be the conclusion that the decisions in this case meant that regardless of what date credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.
It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.
How do I defend my case to be any different?
It will clearly be a case of :
It looks like you probably had a credit card.
They've produced a copy of original agreement and added your name and address - so that's good to go.
They've got a statement showing a balance outstanding.
Therefore, game up - why are you even bothering to defend?
I am working on my "Formal defence"
Can I just ask for some "bullet points"
So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).
Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice.
Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).
Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form.
Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour?
I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?
So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?
On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?
Thanks very much everyone.