Nationwide taking me to court.HELP.

[tomterm8]

what day is defence & acknowledgement of service due?

 

what does it actually say on the particulars of claim?

 

Can you post up the credit agreement, minus personal stuff.

[tomterm8]

hi tomterm,

 

particulars of claim state

 

 

Hi, OOC, so... did you recieve a termination notice?

 

Also, can you provide the credit agreement (minus personal details)

[tomterm8]

Can you post the termination notice?

[tomterm8]

Your CCA is not enforceable.

[tomterm8]

hi tomterm8,

thats great news indeed:D

 

what about my default notice the extra 4k they have added can i make some kind of counter claim against them for this if they are going to be so stupid to proceed to court???

 

If i were you I would send the following letter to their soliciter, special delivery.

 

"Dear Sir,

 

RE: NOTICE TO RECTIFY DATA.

 

I note that you have disclosed information to several third parties (the "credit reference agencies") which is incorrect. I have not defaulted or made late payments on any enforceable credit agreement whatsoever.

 

I therefore require you to investigate this matter, and to correct this inacurate data forthwith.

 

Please regard this as a legal notice under the Data protection Act 1998 and a letter before action under the civil procedure rules.

 

Yours Sincerly,

 

XXX".

 

Then we will do a three pronged attack:

 

* Counter claims under DPA, Human Rights Act 1998 and various torts.

 

* counter claim of un just enrichment.

[tomterm8]

RE: NOTICE TO RECTIFY DATA.

 

i read throgh the stuff on the data protection you suggested that seems really heavy would you advise this as i am nowhere near as well up on the legal side of things as yourself tomterm

 

I would advise you to send the letter ... you are under no obligation to actually do anything about it if you don't want to, but it enables you to have a counter claim latter on if you want one.

[tomterm8]

As requested:

 

Defence

 

 

1. I deny all allegations put by the claimant in their particulars of claim, and put them to strict proof on each allegation.

 

Circumstances surrounding the case

 

2. No notice of the intent by the claimant to pursue a legal action was received before the claimant commenced such action, neither was adequate information to investigate the claim provided by the claimant. I respectfully request that the court considers these issues when it comes to awarding costs.

 

3. I object that the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4 The defendant has served upon the Claimants solicitors by recorded delivery a letter dated DATE requesting clarification and disclosure under the Civil Procedure Rules. This letter has not been acknowledged neither has the information been disclosed, (A copy of this letter has been attached). The defendant is therefore unable to file a fully particularised defence or a counter claim while this default continues. I therefore respectfully ask the permission of the court to amend my case, if and when I receive this information.

 

5. No termination notice has ever been received by me; however a default notice was received by me on DATE. This default notice contained an amount that was incorrect as the repayment amount, and is therefore void. The claimant is therefore precluded from issuing legal action since it has not abided by the requirements of s88-89 of the Consumer Credit Act 1974.

 

Denial of Liability

 

6. I deny that I owe any money as alleged in the claimants particular of claims, or at all. In respect of that which I deny:

 

7. On DATE, I send by recorded delivery a request under the consumer credit act 1974 for a copy of the credit agreement, which the claimant replied to with a document which the Claimant has stated is the credit agreements in respect of the debt, a claim to which they are bound by virtue of s172 of the consumer credit act 1974.

 

8. It is clear that the document provided is a pre-contractual documents applying for credit from the claimant. Under s59(1) it appears that such agreements are void. It is therefore denied that these alleged credit agreements are valid for the purposes of enforcement by the courts.

 

9. In respect of that which is denied:

 

10. It is respectfully submitted that these agreements are improperly executed because

(a)they do not, amongst other things, contain the creditors’ signatures and are not correctly dated,*

(b) not all terms in the agreement are legible (since several terms have been rendered illegible by a mechanical stamp)

©, the agreement contains information about the applicant that is not found in a properly executed agreement and

(d) they are not in the prescribed format set out in under The Consumer Credit (Agreements) Regulations 1983.

 

11. The agreement was made before section 15 of the Consumer Credit Act 1974 came into force. Therefore, by way of schedule 3, s11 of the consumer credit act 2006, those sections otherwise repealed by the Consumer Credit Act 2006 section 15 remain in force.

 

12. Consequently, the court is precluded from issuing an enforcement order ( e.g.Wilson and others v. Secretary of State for Trade and Industry [2003] UKHL 40 ) by way of s. 127(3) of the Consumer Credit Act 1974, since these documents do not contain all the prescribed terms defined in under the Consumer Credit (Agreements) Regulations 1983, these being defined by Reg 6(1) as being specified in Sch 6 to the Agreements Regulations for the purposes of s61(1)(a) and s127(3) .

 

13. The omitted terms including Credit Limit, Rate of interest, and Payment terms under the Consumer Credit (Agreements) Regulations 1983 schedule 6.

 

14. Accordingly, the Defendant does not know the case it has to meet and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing the claim is vexatious and amounts to unlawful harassment pursuant to section 40 of the Administration of Justice Act 1970.

 

15. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

16. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph's 4 and 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

 

*delete as appropriate

[tomterm8]

can I ask, is the content of both agreements the same?

 

Can you, perhapse, post them both up (minus personal details)

[tomterm8]

Have you called the court to ask if anything has been submitted / served on the court?

[tomterm8]

hi all,

 

now have court hearing date set nationwide still have not sent agreement can they still waste the courts time with this i put in an excellent defence with help from tom term and curly ben.

 

regards

 

out of cash

 

yeah... they can, and many DCA's do;)

 

What is the court date?

[tomterm8]

Were any unlawful charges added to the account?

 

did they send you a default notice?

 

Worst case scenario, you defend with an application for a time order.

[tomterm8]

I've moved the thread.

 

Can you give me a summary of what's happened in the last... four / five months?

 

Also, write up the text of the application.

[tomterm8]

OOC have they sent you

 

Have they sent you a copt of:

a. Default notice

b. Copies of statement

c. Copies of credit agreement

d. Copies of document of assignment

e. witness statement?

 

Basically, have they sent you the documents you requested.

 

Can you redact / wash (remove your personal details ) from a-e and post them here?

[tomterm8]

hi tomterm & everyone,

 

creditor seems to think that what they have supplied is sufficient enough the next court date is 11th may where they are going for summary judgement

 

this will be their 2nd time at applying for this i am going to S.A.R - (Subject Access Request) them for the default notice they say they sent which i cant seem to find is all they have is an application form which states in big caps its just that with 1 prescibed term and my sig page 2 full prescibed terms and conditions which are microscopic the judge at 1st hearing didnt even know that this debt came under the cca 1974 i am really dreading this costs to be paid my me if i lose around 12k + 10k to cred

 

all help and advice greatly appreciated i also stupidly admitted to the debt when asked by judge:eek:

 

best regards

 

to all out of cash

 

Can you then post up the documents:

1. the credit agreement

2. The default notice

 

Unless you do this, I can't help you.

 

Have they sent you copies of the statements? Have you worked out if they claimed any late payment etc charges?

 

Have they sent all the information in the original list, or explained why they don't have it?

 

All the best, Tom.

[tomterm8]

Well, what date was the agreement signed? roughly.

 

also, can we have the default notice they say they sent you ?

 

Is this "agreement" what they sent you as the result of the civil disclosure request?

[tomterm8]

Can we see the application form? The one you uploaded is corrumpted. Maybe use imageshack to get it online.

[tomterm8]

Agreement is in post 17

 

i can't read that one either.

[tomterm8]

No, I can't, i can't unzip it.

[tomterm8]

Hi tom

I used winRAR to unzip and Adobe Photoshop to view it,both free downloads.

I think i got them from Free Software Downloads and Software Reviews - Download.com

Hope this helps

 

With the greatest respect, I have four zip programs, winzip, winRAR, z-zip and free-zip, and none of them work on this file for me. if you can unzip it, would you please do so and upload the jpg file for me.