un1boy - N1 issued for breach of CCA request

[un1boy]

and unless you get her boyfriend

 

LMFAO!!

[pt2537]

unless you get her boyfriend,

or Girlfriend,

you just never know do you

[davefirewalker]

or Girlfriend,

you just never know do you

 

Thinking about it ....girlfriend would probably be right

 

 

Dave

[un1boy]

By the way what is the date on their counterclaim?

 

errr...I don't know - it was dated after the consolidation hearing in december - they told me that if I continued, they would counterclaim and they did!!

 

I entered the credit card claim in July and the other in october!!

[un1boy]

Dad - I think you have already told me this, but what do you mean by Part 20 claim?

[trevor33]

Watching this thread with interest. (I have similar litigation in process at present) I think this judge needs a kick up the b**.

WHEN un1boy wins the appeal, will this have a knock on effect with other cases?

[davefirewalker]

Not likely.......

 

Its only a CC with a DJ, for it to be made a precedent it would have to be a higher court

 

however it could be used as a persuasive argument

 

Dave

[dad]

Hi Uni,

 

Are my appeal request paragraphs sufficient do you think?

 

While anything can be improved, I think they are probably good enough.

[un1boy]

WHEN un1boy wins the appeal, will this have a knock on effect with other cases?

 

I like your optimism!!

[un1boy]

Hi Uni,

 

 

 

While anything can be improved, I think they are probably good enough.

 

Ok, well I'll get the form sent tomorrow - wish me luck.

[un1boy]

Ok, well I'll get the form sent tomorrow - wish me luck.

 

Just a quick one - do you all think I'm doing the right thing by only appealing the credit card claim and not the Overdraft one?

 

I just think that the OD one is a bit more complicated - although they have admitted that they have only sent me one letter with terms etc.

 

the judge didn't think though that when the account changed to a student account that it was a new agreement, so ruled that the original letter was sufficient - despite me explining that the agreement changed and so did the rates.

 

I just think that this may be a bit harder to argue - and, I did get charges back 2 years ago to the balance of the OD (isn't that a coincidence?! The amount I owed them was the same amount as the bank charges?)

[robcag]

Ok, well I'll get the form sent tomorrow - wish me luck.

 

Hi un1

 

I think everyone who's following your thread is wishing you good luck!

 

Cheers

Rob

[AnimalMagic]

+1

[tendogs]

Good luck un1 everything is crossed for you.

 

Dogs

[un1boy]

thanks guys!!

 

I will of course keep you updated all of the way!

 

PS -Do I have a pay at this stage to appeal?

[dad]

PS -Do I have a pay at this stage to appeal?

 

'Fraid so - SC track appeal fee is: £100

 

what do you mean by Part 20 claim

 

Part 20 is the name for a counterclaim. It comes from:

 

PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS

 

 

errr...I don't know - it was dated after the consolidation hearing in december - they told me that if I continued, they would counterclaim and they did!!

 

The exact date is quite important. They only have 14 days from when they issued it to serve it on you, which is very tight. They do not get extra time for Christmas etc. So looking back over the thread I think they missed the deadline as you appear to have received it in mid January. In which case they are out of time.

[dad]

Just a quick one - do you all think I'm doing the right thing by only appealing the credit card claim and not the Overdraft one?

 

It's a tough call. Your point is based around s82 of the CCA1974. Seems arguable to me.

 

BUT - You are going to double the complexity, double the court fees and increase the possibility that the CJ thinks you are a chancer in the 'Rankine' mould.

 

One possible course is to appeal and in your application ask for a 30/60 day stay to negotiate an agreement by consent. By the time all that is sorted out it will be next year.

 

Generally the best advice is KISS

 

Dad

[un1boy]

The exact date is quite important. They only have 14 days from when they issued it to serve it on you, which is very tight. They do not get extra time for Christmas etc. So looking back over the thread I think they missed the deadline as you appear to have received it in mid January. In which case they are out of time.

 

I don't quite get what you mean here Dad - they have to serve it on me within 14 days of issuing it to the court?

 

I was only given their counterclaim through the court.

 

So, should I get the files out and see when the date was?

[un1boy]

It's a tough call. Your point is based around s82 of the CCA1974. Seems arguable to me.

 

BUT - You are going to double the complexity, double the court fees and increase the possibility that the CJ thinks you are a chancer in the 'Rankine' mould.

 

One possible course is to appeal and in your application ask for a 30/60 day stay to negotiate an agreement by consent. By the time all that is sorted out it will be next year.

 

Generally the best advice is KISS

 

Dad

 

I'll just pay the OD claim - as I said, I got the charges back off it and they were more than the balance anyway.

[un1boy]

Section 6 of the N164 says:

 

Section 6 What are you asking the Appeal Court to do?

 

I am asking the Appeal Court to:- (tick the appropriate box)

set aside the order which I am appealing

vary the order which I am appealing and substitute the following order.

Set out in the following space the order you are asking for:- order a new hearing

I assume I am asking for the order to be set aside?

Any ideas what I should be saying in answer to this question:

"I apply for a stay of execution because:"

For the following part:

PART C

I apply for an order that:

Because

I am asking for:

- the order to be dismissed

-the agreement to be deemed unenforcable

-removal of data

-closure of the account

-costs

Because:

The agreement cannot be enforced, so they do not have the right to process data and therefor the account should be closed and in light of this, I should have my costs returned.

And, lastly, what do I have to put in the last part, asking for the evidence?

[un1boy]

*bump *

[un1boy]

Guys,

 

I need some help with the questions above and then I get the form sent tomorrow - it has to go tomorrow.

 

It is worth me putting sections 60(1) and 127(3) in the form so the CJ can see it in it's entirety - maybe in the evidence section?

[dad]

Hi Uni,

 

I was away for the weekend.

 

1. In section 6 you want to tick both, set aside the order and order a new hearing.

 

2. In section 7 you only need to to fill out part A.

 

3. For suggestions to fill out part 7a & 8 see my post 593.

 

4.

It is worth me putting sections 60(1) and 127(3) in the form so the CJ can see it in it's entirety - maybe in the evidence section?

Remember that when the form talks about evidence this is evidence in support of your application for a stay NOT evidence in support of your appeal.

The advantage of attaching them to the appellant's notice is that they are readily available for the judge giving permission to refer to. If you are going to do it I would also include the schedule of the CCA 2006 that says they still apply to old agreements.

 

5.

I don't quite get what you mean here Dad - they have to serve it on me within 14 days of issuing it to the court?

 

I was only given their counterclaim through the court.

 

Either the defendant or the court must serve it within 14 days of issue ( CPR 20.8 (1)(b)).

 

So, should I get the files out and see when the date was?

 

Yes, it is not a winner by itself, but it will be another nail in their coffin.

 

Dad

[foolishgirl]

Un1boy, I have never done one of these so can't help. Sorry.

Have you tried a PM to Dad who was helping you or pushing the red triangle to alert the site team?

 

Wishing you all the best..FG

[foolishgirl]

Thanks dad - help to the rescue Un1!!