Urgent!!! Please Help!

[minky93]

Just joining in.. hope everything goes okay, can't wait to hear the outcome.

 

Laiste! You are so kind helping people with their defences..

 

minky xx

[monopoly23]

Yes, the defence put a massive grin on my face!

I can't wait for the outcome either, but I think when the sols see the defence, they'll realise they don't have a leg to stand on!

 

First shift back at work last night....wasn't too bad, but obviously I wished I was back at home. Ive only had about 4 hours sleep too because Im still used to getting up early-and Ive got to go do it all again tonight Grrrr

 

Thanks for the messages and support everyone. Its nice to see we're not alone in all this.

[monopoly23]

Got a letter from the Northampton Court Bulk Centre today just saying that they are acknowledging receipt of the defence and a copy is being served on the claimants solicitor.

 

Still up and running on MCOL. My guess is that they will just ignore it now, unless they've dug out some kind of loop hole....

[speedy016]

Hi monopoly

 

I think you and laiste have nailed em but loads of luck anyway.

 

Speedy

[calm1]

Hi Monopoly, hope you are well and not suffering too much from your return to work. Still eager to see how your case goes - I do think you are in a good position! I thought I would let you know that the bank charges refund that I was claiming on behalf of my partner has just been paid. 13k!!! I am in shock. Whilst your case is totally different, I want to say, hang on in there - the feeling when it closes is unreal! I am absolutely screaming to tell everyone - just soooooooooo chuffed!! Thank God for the CAG!

[monopoly23]

WOW CONGRATULATIONS!!!!!

I wish I had 13k to claim lol. Well done! I bet you're well chuffed.

 

I think the solicitors will probably just ignore the defence to be honest, which seems a shame because of how good it is. I would have liked to see what they came up with. Unfortunately, I think they'll just leave it to Next to chase me for it.

[calm1]

Hi Monopoly, any news? What avatar did you use that was offensive?

[monopoly23]

No, no news. Just waiting to see if they just let their time run out.

 

It was a cartoon of an aquaruis woman pouring beer into a man's mouth instead of the usual water from a jug.(The water bearer) It said aquarians are less popular than beerarians. The cartoons just had fig leaves on though so it got a few complaints from those whose kids had seen it.

[monopoly23]

Just a quick question...

 

Ive just checked MCOL (again! lol) the claim is still up and running. Ive noticed though that it says the defence was received and processed 2nd July even though I filed it on 29th June. This makes it look like I filed it late. Will this matter?

 

Also if I filed it on 29th, does that give them until 1st August to respond? Or going by MCOL will it be the 3rd?

[symeon]

Just a quick question...

 

Ive just checked MCOL (again! lol) the claim is still up and running. Ive noticed though that it says the defence was received and processed 2nd July even though I filed it on 29th June. This makes it look like I filed it late. Will this matter?

 

 

 

Hi again Monopoly,

 

I think it must be normal for MCOL to show the 'received' date as 3 days later than when you actually submitted your defence. I submitted my defence on the 11th of May and it shows the court received it on the 14th of May so I'm assuming it must just take 3 days from when anything is submitted online until it is actually processed at their end. When you submitted your defence using MCOL, you should have had the option to 'print confirmation page' which would include the original submission date & time. It didn't cause any problems for me so I think you should be ok.

 

Kind Regards,

 

Symeon.

[monopoly23]

Thanks Symeon. I think it has something to do with me submitting at 3.15pm on a Friday. It won't get processed until the Monday.

 

I noticed you submitted on a Friday too..

[rory32]

My understanding is that if you use MCOL the defence still has to go to the court. This would account for the time delay (particularly at the weekend).

[symeon]

DOPE... Silly me!

 

The delay probrably is due to it being submitted on a Friday. I filed my AoS on a Friday too and it showed as received 4 days later which was a Tuesday due to it being Easter Monday, so it looks like they process info the next working day.

 

Symeon.

[rogerk]

Hi Guys,

 

Sorry to but in on this posting, but my wife has a similar problem with Next/Howard Cohen.

 

We have sent a letter based on the letter posted by Monopoly23 on 11th June, but giving them until 23rd July to provide the details requested. Its now 24th and we have received nothing. We have filed acknowledgement with MCOL for the extra 14 days to prepare the defence.

 

We are hoping that they will follow the same line they did with Monopoly23, so that we could use the same defence provided by Laiste.

 

Any advice would be appreciated.

[monopoly23]

If they haven't responded within the time limit, or don't at all, you will have the evidence you need (proof of postage) to show that they have acted unreasonably and haven't provided the information needed for you to file a defence.

 

I don't know how you would present this to a judge or whatever, but someone who knows better might be able to point you in the right direction.

[rogerk]

Thanks Monopoly23.

 

My main concern is similar to yours earlier on in your action, and that is preparing a defence when necessary.

 

[monopoly23]

I should think that if they do provide what you need, then making a few small amendments to the defence Laiste kindly provided would suit you, if it's pretty similar.

If they don't give you the time to defend properly, then I'd suggest sending a PM to Sequenci or Laiste, who are both very knowledgeable but also very busy. They may be able to help

[rogerk]

Thanks again monopoly23

 

Roger

[FANTASY CHARGES]

One wonders if they have ever read the Consumer Credit Act. Section 88 of the 1974 Act provides for the sending of default notices and allows regulations to be made specifying the form and content of these notices. The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 prescribe the form and content of these notices.

 

The default notice must contain all of the necessary information which includes

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
  
• a description of the agreement
  
• the name and address of both the debtor and the creditor
  
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
  
• a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
  
• a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
  
• a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement)
  
• if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
  
• if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
  
• statements saying:

• if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time
  if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

Also as of 1st October 2006 the period of notice to remedy the breach was increased from 7 days to 14 days from the date of service of the default notice. The CCA quite clearly states that the creditor shall not take action such as mentioned in s87(1) before the date so specified or before those 14 days have elapsed.

 

 

have read all yes all the thread & well done to you all

rory can you tell me the ruling for the words in red as we all thought defaults went from 7 days to 14 under the 2006 consumer credit act

 

thanks in advance

[rory32]

With effect from 1 October 2006, the provisions relating to service of a default notice under the Consumer Credit Act 1974 was amended. Section 14(1) of the Consumer Credit Act 2006 amends the relevant provision of the 1974 Act (section 88(2)) and provides that the period of notice given in the default notice is extended from 7 days to 14 days. An agreement cannot be enforced until a correctly prepared notice has been served.

 

The 2006 Act also makes provisions for further changes. For example, provision is made for a Default Notice to be accompanied by a Default Information Sheet.

[tomterm8]

The 2006 Act also makes provisions for further changes. For example, provision is made for a Default Notice to be accompanied by a Default Information Sheet.

 

has that been implemented yet? I thought that the OFT hadn't actually written them yet?

[rory32]

No, not implemented yet.

[monopoly23]

Well I still haven't heard anything from Next, MCOL hasn't changed either. What happens if they don't respond to the defence by tomorrow?

[pgscoop]

HI, just registered, not sure if anyone can give me some advice.

 

I have received a letter today from barclays saying that they have sold my account to Lowell Portfolio 1 LTD. This relates to an un-secured business start up loan from Barclays business banking divsion in Basildon Essex.

 

I paid the loan for around 2 to 3 years, I fell out with my business partners and sold them my share of the business, at the same time ceased paying the barclays loan, I've not paid them anything for around 3 to 4 years.

 

I thought they had just written the debt off, but it seems not.

 

Any thoughts of what to do?

[rory32]

You really need to start your own thread on this pgscoop. That way you'll get a lot more help and your answers won't get lost in this thread.