Urgent help needed with CCJ set aside appeal

[lurker1]

Please could someone help me with some advice, the full thread is on:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/49931-lurker1-capital-one.html

 

Many thanks

[rory32]

Have you sent them a CCA request? If not you should do so. Sorry but I just skimmed through your Lurker 1 v Capital One thread.

[lurker1]

Thanks will do that and send it off tomorrow, is it to late to apply to the court to have an appeal heard at an hearing, could this be costly and have I lost all chance of winning it?

[rory32]

Really I'm not sure. It might be worth pm'ing tifo as I believe he is in the same sort of position as yourself.

 

I have posted below a possible defence, which has been successful, should they not provide the copy of the CCA.

 

Originally Posted by tomterm8

1. The defendant does not admit or deny the debt, and put the claimant to strict proof thereof.

 

2. On XXX the defendant sent a request under the consumer credit act for a true copy of the executed Credit Agreement, and a statement of account detailing the principal, and all charges and fees made in respect of the debt, the claimant received the request on the XXXXX 2007 by recorded delivery and the claimant has so far failed to send the defendant the required information.

 

I would respectfully submit the debt is unenforceable under the Consumer Credit Act 1974 until such time as the claimant provides the necessary information.

 

3. The claimant states the alleged debts were purchased from XXX and XXX. I have not received a notice of assignment for the alleged debts from the original creditor. I therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.

 

4. I have not received a copy of any default notice from the claimant, and ask that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted .

 

5. During the period in which the Account [was] operating the Claimant and/or original creditor debited numerous charges to the Account in respect of purported breaches of contract on the part of the defendant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

6. The defendant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Claimant; exceed any alleged actual loss to the Claimant in respect of any breaches of contract on the part of the Defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and under common law.

 

7. Therefore, in addition to asking the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925, the defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts the the amount claimed.

 

8. The defendant respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

[lurker1]

If I asked for an appeal to be heard in an hearing what would any liable costs be - anyone know???

 

Would it be hundreds of pounds or thousands??

[lurker1]

I went to hand in my letter requesting a hearing today but the court was closed, so will go back tomorrow.

 

Anyone know what the financial liablities could be for me, for instance if I lost the appeal at an hearing would I be liable for thousands of pounds or hundreds??

[rory32]

I really don't know - how about phoning CCCS Tel:0800 138 1111.

[lurker1]

Thanks rory32 will give them a call straight away

[lurker1]

Damn will have to call them again tomorrow morning as they are closed, anyone else have any info on liabilities of an appeal would be great.