BLS No CCA but still demanding payment

[shane5408]

it just goes to show they are compeletely relying on scare tactics here

[pt2537]

well the are not relying on the law that's for sure:lol:

 

 

PMSL when i saw that attempt

[pt2537]

poker mad,

 

to be honest that defence should deal with those pocs more than adequately, nothing needs to be added from what i can see, any one else got any thoughts?

[poker_mad]

They are just notes The poc fill the section of the claim form but only by dragging it out and quoting dates and the Consumer Credit Act a few times. I'll type it up when I get a free 30 seconds.

[shane5408]

It covers all bases Paul, brilliant work as always

 

 

regards,

shane

[Gingerbaby]

Can i ask what you are referring to as a POC ? Sorry it may sound like a daft question

[Curlyben]

POC - Particulars Of Claim.

Basically what it says on the court for as to the reason for the legal action.

[poker_mad]

1, By agreement in writing & regulated by the Consumer Credit Act 1974, the claimant issued to the defendant a credit token for the purpose of the defendant aquiring goods/services on credit

2, Clause 6 of the agreement provided that the claimant would furnish the defendant with a monthly statement showing the balance due, the min payment and date for payment. If the balance was not paid then provided the defendant made the min payment on or before such date the remainder of the balance should remain outstanding & the defendant should pay interest upon it per month in accordance with clauses 8&9 of the agreement.

3, In breach of the agreement, the defendant failed to make payments & on xx/xx/xx the claimants issued a default notice pursuant to section 87(i) of the Consumer Credit Act 1974.

4, On xx/xx/xx the claimant did issue a formal demand to the defendant.

5, THE CLAIMANT THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT; £XXXX.XX

[Gingerbaby]

Had BLS been trying to make you increase any payment arrangement you had or have you always denied liability of this with them through thre request with CCA

 

I think the POC listed are a very weak defence that they have and as CCJ can also be set aside through various courses of dispute

[Curlyben]

That's the same just dressed up a little.

Hey if we posted POC's that bad for charges reclaim they would have them thrown out in double quick time.

 

Paul, note for you.

Once you qualify DON'T write POC's out of the Ladybird Book of Law

[ODC]

Point 1 of their POC is a joke. Where is the wriiten agreement????

[Gingerbaby]

Curlyben - Have you had any form of action with AIC or The Debt Managers as these seem to be a particularly nasty bunch trying various forms of scare tactics to come to immediate payment with debtors without issuing prior notice that they have taken over the debt

 

I know they are well known through National Debt Helpline and these are used a lot in connection with Lloyds

[Gingerbaby]

I agree they are very poor indeed as the written agreement they refer to was that not simply the application form and not a consumer a credit agreement

[poker_mad]

Thanks to everyone for your help and support so far. Defence has been posted so time to swat up as much as I can while I wait for their next move. Really need to win this one and get the default removed.

[Gingerbaby]

Good luck, Keep us posted on how you get on

[madh21]

Good luck! I'm interested in the outcome as I am in the same situation. BLS have now passed the account to Iqor who are threatening legal action. This too is for an account which defaulted in 1998.

[poker_mad]

16th November recieved comfirmation from Northampton Court that my defence has been recieved and the second copy will be served on the Claimant.

[pt2537]

Cool, now its a waiting game to see what they decide to do

 

not wanting to tempt fate but i wouldnt be surprised if you didnt get a Notice of Discontinuance when they realise they are P*$$ing in the wind

[poker_mad]

Today recieved letter from SC&M, they advise that they have requested judgment and a judgement order will be sent from the court. They have sent a direct debit form and book of payment slip. They have even changed the balance to judgment balance.

 

I think they are getting a bit ahead of the game here. Or maybe it's their idea of attempting to resolve the dispute in the 28 days before they can continue with proceedings?

[pt2537]

oh dear oh dear

 

how can they request judgment? erm im rather confused, maybe they were hoping that you wouldn't defend.

[Gingerbaby]

Having read through all of the previous threads again i am very confused as why this has happened as unless i have missed something they have still not provided the CCA is that correct??? I know you had an application form issued

 

I am feeling really deflated at the moment though as what is the point of Consumer Rights if companys just do whatever they like anyway i feel like just giving up on it all they always win and hide under a corporate veil

 

It is now 13 working days since i requested by CCA from AIC and i have not recived anything through i am aware they are now in default and have another 30days but judging from all the problems you have had with SCM it seems like it could go on forever i am not even sure what i do afzter the 30 days

[pt2537]

I think SC&M are very confused too, to be honest

 

they are applying for judgment very prematurely as you have entered a defence and are clearly defending the claim.

 

i think we need to send them a "Dear Sir please wake up" letter

[poker_mad]

They are using MCOL and it was updated on the 16th to show i had defended so it should't allow them to apply for judgement anyway.

[pt2537]

ok then they are talking out their ass so to speak

 

your defence was filed inside the deadline wasnt it?

[poker_mad]

Yes it had to be in on the 19th