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  1. #76
    Helpseeker02's Avatar

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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by nemesis45 View Post
    Hi Helpseeker,

    Were there and terms and conditions with the application form? Should be two sets i.e. those relevant when the account was opened and those relevant when the account was closed.

    nem
    Hi @nemesis45, good to hear from you.

    I have just looked through the documents and confirm that they did not send any terms and conditions with the application. Overall, what does that mean?

    Regards,
    HS.
    Last edited by Helpseeker02; 8th January 2017 at 00:02:AM. Reason: name mentioned twice

  2. #77
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    Hi @nemesis45, good to hear from you.

    I have just looked through the documents and confirm that they did not send any terms and conditions with the application. Overall, what does that mean?

    Regards,
    HS.
    Good morning HS,

    Sending an application form and statements etc. does not constitute a " reconstituted " agreement so in my opinion the debt remains unenforceable without two sets of terms and conditions.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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  3. #78
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    Hi @charitynjw,

    Thanks for your reply.
    Yes, the cost increase is something else!
    Excess to Justice?

    I haven't checked online to find out, as it has been nearly a year since the last communication.
    It might be best for me to call the Court on Monday and find out?
    I would. if it were me.

    Regards,
    HS.
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  4. #79
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    I have just looked through the documents and confirm that they did not send any terms and conditions with the application. Overall, what does that mean?
    Without seeing the documents it's impossible to say whether the debt is unenforceable. Sometimes the Ts & Cs form part of the application form (written on the reverse for example).

    Why not post up a redacted copy of the application so it's clear exactly what you have been sent.

    This claim has been stayed for almost a year. They've had long enough to disclose the documents.

    I note that there has been no discussion on the necessary Default Notice. The Claimant didn't mention it in the POC, and unless I'm wrong you didn't take the opportunity to raise it in your Defence (post #42) which is a pity because they need to prove it was served but you've not asked them to. If this was previously a BOS account I would definitely focus on the DN

    I also see that in your Defence you didn't refer to your intention to file an Amended Defence (and ask the court to order costs against them for the task) if/when the Claimant did disclose documents which is what they have now done.

    This is a £9.6k claim so Restons were never going to go down without a fight. They're hoping that you'll surrender now that they've sent you a big envelope full of paperwork even though it doesn't include the DN (or the NOA?).

    If they decide to apply to lift the stay (£255 is peanuts to a law firm chasing £9.5k) then so be it because you can't prevent that - you can only react to any application they make as a result when/if they do.

    If they make an application for a Summary Judgment then you can defend that. The SJ will be on the basis of your current Defence having no merit. Since you've not argued the DN in your Defence you can't argue that in response to any application to strike out that Defence. However you can argue that your a Defence does have merit on non compliance with s.78 CCA.

    The next step is your choice.

    You have the option to file an Amended Defence reflecting their (very) late discloser but you'll need permission from the court to do that unless Restons consent to you filing one (there's a fee to pay for this).

    You also have the option to make a Summary Judgment application to strike out their claim as having no merit depending on what that application form looks like. If it's irredeemably unenforceable (i.e. they can't ever come up with a recon) then it's an option to consider. It would have more weight if you could include the DN point but at this stage you can't (because you've not previously introduced that argument).

    You can wait to see if they carry out their threat and prepare to contest any application they make which would be transferred to your local county court for hearing (MCOL wouldn't deal with the application).

    Or you can call their bluff and write a letter pointing out that they have not complied with s.78 CCA based on the junk they've sent you (if it is junk).

    I make no apology for the long post. I simply want you to know that you do have options to fight this claim if they resurrect it, even though you missed some opportunities early on last year.

    Did you send a SAR to BOS when you received the claim in December 2015? That could give you the lowdown on the elusive DN and the true history of the account including how it was opened and closed.

    Di

    PS was there PPI on this account?
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #80
    Helpseeker02's Avatar

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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Thank you, Nem.

  6. #81
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Thanks charity,
    I will post an update once I receive a response from the court.

    Regards,
    HS.

  7. #82
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    It might be best for me to call the Court on Monday and find out?
    If you say Restons letter was dated 5th January 2017 and it gave you 14 days for a response then it's unlikely they'd make an application before 19th January when their own deadline expires.

    Call the court tomorrow if you like, but you may have to hold your breath a little longer than that I'm afraid.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #83
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @Diana M,

    Thanks very much for your long response. I appreciate it very much and have broken down the content to respond accordingly.

    ~~~~~~~~~

    Quote Originally Posted by Diana M View Post
    Without seeing the documents it's impossible to say whether the debt is unenforceable. Sometimes the Ts & Cs form part of the application form (written on the reverse for example).

    Why not post up a redacted copy of the application so it's clear exactly what you have been sent.
    As the app form received is a one page copy from what I can see, no t&cs are shown anywhere on it. I will aim to post up a redacted copy a.s.a.p, certainly by Monday night (tomorrow).

    This claim has been stayed for almost a year. They've had long enough to disclose the documents.
    Exactly that!
    I have a question:
    If there is no activity on the MCOL account for say 6-12months, does the Court automatically stay a claim?


    I note that there has been no discussion on the necessary Default Notice. The Claimant didn't mention it in the POC, and unless I'm wrong you didn't take the opportunity to raise it in your Defence (post #42) which is a pity because they need to prove it was served but you've not asked them to. If this was previously a BOS account I would definitely focus on the DN
    At the time of this event, I was guided by members as to how to respond re: what was in the poc. I wouldn't have known to have requested this under my own steam. I will check to see if I enquired/requested the DN in a previous pre-court claim letter.

    I also see that in your Defence you didn't refer to your intention to file an Amended Defence (and ask the court to order costs against them for the task) if/when the Claimant did disclose documents which is what they have now done.
    I didn't know that I could do this in my case.

    This is a £9.6k claim so Restons were never going to go down without a fight. They're hoping that you'll surrender now that they've sent you a big envelope full of paperwork even though it doesn't include the DN (or the NOA?).
    Yes, you're exactly right!

    If they decide to apply to lift the stay (£255 is peanuts to a law firm chasing £9.5k) then so be it because you can't prevent that - you can only react to any application they make as a result when/if they do.
    Yes - indeed.

    If they make an application for a Summary Judgment then you can defend that. The SJ will be on the basis of your current Defence having no merit. Since you've not argued the DN in your Defence you can't argue that in response to any application to strike out that Defence. However you can argue that your a Defence does have merit on non compliance with s.78 CCA.
    Phew, thats a good thing then, that there is another option. Although it sounds like the SJ is a stronger standpoint for me to use in this case.

    The next step is your choice.

    You have the option to file an Amended Defence reflecting their (very) late discloser but you'll need permission from the court to do that unless Restons consent to you filing one (there's a fee to pay for this).
    Aah, but would Restons give their consent?

    You also have the option to make a Summary Judgment application to strike out their claim as having no merit depending on what that application form looks like. If it's irredeemably unenforceable (i.e. they can't ever come up with a recon) then it's an option to consider. It would have more weight if you could include the DN point but at this stage you can't (because you've not previously introduced that argument).
    As a lay person with my limited understanding, I wasn't aware of this option prior to completing and filing my defence.

    You can wait to see if they carry out their threat and prepare to contest any application they make which would be transferred to your local county court for hearing (MCOL wouldn't deal with the application).

    Or you can call their bluff and write a letter pointing out that they have not complied with s.78 CCA based on the junk they've sent you (if it is junk).
    But could my telling them that they've missed out with complyng possibly make them do so, and hence make their case against me be stronger?

    I make no apology for the long post. I simply want you to know that you do have options to fight this claim if they resurrect it, even though you missed some opportunities early on last year.
    Thank you, I appreciate this.

    Did you send a SAR to BOS when you received the claim in December 2015? That could give you the lowdown on the elusive DN and the true history of the account including how it was opened and closed.
    I can't recall that being mentioned, but I will check.
    Although I did send a £1 p/order as a Statutory Account fee and it was applied to the account as a payment event though the accompanying letter stated that it was a fee not a c/c payment.


    Di

    PS was there PPI on this account?
    I don't think so. I will check.

    Summary
    ~~~~~~

    I am very grateful for the information above although I am not sure which option to take?

    In their cover letter, they state that I have within 14 days to respond to them (they have not given me a benchmark from when the 14 days start.).
    For safety's sake maybe I should take it from the date on the letter i.e 5th Jan 2017 (received on the 6th Jan 2017).

    1. Which is the strongest defence from me to win my case permanently?

    2. Do you know the full cost of either of these options?

    Thanks very much again for your response, Di.

    Best regards,
    HS.
    Last edited by Helpseeker02; 8th January 2017 at 16:51:PM. Reason: spelling mistake

  9. #84
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi Di,

    I'll be calling the court to find out the latest state-of-play with the claim as it is now.

    Regards,
    HS.

  10. #85
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @Diana M
    Hi @nemesis45

    Please note updated information below.

    Regards,
    HS.


    1. SAR
    -------

    I did not send a SAR to BoS.


    2. Default Notice
    -------------------

    This was not requested to BoS or Sols.


    3. County Court
    ------------------

    I called the Court today and they stated that the claim has been stayed since mid-Feb 2016.

    There are no further entries on this case from the claimant (Sols).

    It was mentioned that I could Strike Out the claim and the cost is £100.00


    4. Redacted Application
    ----------------------------

    Please see the attached redacted application.

    I am not sure if you will be able to see the details clearly. Please feel free to ask me any questions, etc.

    Multiple boxes have been ticked (for anonymity purposes).

    There is no ppi on this account.

    Regards,
    HS.

  11. #86
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    How do I make attachments?

  12. #87
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    I worked it out :tinysmile_twink_t2:

    Please see attachment.

    Regards.
    Attached Files Attached Files

  13. #88
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    How do I make attachments?
    Hello HS I'll as someone to help you.
    @Kati can you help please?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  14. #89
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by nemesis45 View Post
    Hello HS I'll as someone to help you.
    @Kati can you help please?

    nem
    Hi Nem,

    Thank you. I worked it out shortly afterwards.

  15. #90
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    I worked it out

    Please see attachment.
    How bizarre.

    Do you recall filling in that application form where it looks like you ticked boxes saying you are Mr, Mrs, Miss and Ms ?

    In fact you also ticked both Yes and No to PPI

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  16. #91
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    I worked it out :tinysmile_twink_t2:

    Please see attachment.

    Regards.
    Well I can't see how a card was even issued with every single box ticked imo as an intended " recon " agreement " it's no good.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  17. #92
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    I must clarify.

    On the pre-redacted form in the 'Name and Address' section, only one box was ticked.

    Due to it being uploaded/public, multiple boxes have been ticked for anonymity.

    The same reason applies for the other sections with multiple ticks.

    Sorry for the confusion.

    Regards,
    HS.

  18. #93
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi All,

    With reference to the information uploaded in the form, I know that the content is not that clear and where required,
    I can type up any of the sections.

    Please let me know if you have any questions?

    Regards,
    HS.

  19. #94
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @Diana M
    Hi @nemesis45

    The deadline for my response to the sols is this Thursday 19th Jan.
    I would need to draft a response and send it by the latest Tuesday 17th.

    They sent a one-pager of the app form with no t&c's, so I understand that they have not fully complied with my previous requests for information.

    Can you please advise as to what I must state in my letter?
    Also any legal quotes too?

    Thanks in advance.

    Regards,
    HS.

  20. #95
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    Hi @Diana M
    Hi @nemesis45

    The deadline for my response to the sols is this Thursday 19th Jan.
    I would need to draft a response and send it by the latest Tuesday 17th.

    They sent a one-pager of the app form with no t&c's, so I understand that they have not fully complied with my previous requests for information.

    Can you please advise as to what I must state in my letter?
    Also any legal quotes too?

    Thanks in advance.

    Regards,
    HS.

    Hello HS,

    The response I would make would be along the lines of:

    Their Name
    Address.


    Date

    Their Refs:

    I am in receipt of your letter dated........................... enclosing a document that allege is the regulated agreement pertaining to the alleged debt from which this claim arises.

    Having reviewed this items (s) provided I have concluded that the documents supplied do not satisfy my request made under the provisions of CCA 1974 (as amended) as I am sure you are fully aware.

    I now respectfully suggest that you advise your client to discontinue the claim as your client has no reasonable chance of success.

    Amend add as you see fit.


    Address to: Mr Nigel Petrie Coe Principal Restons Solicitors.
    Use signed for post:

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  21. #96
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @nemesis45,
    Thank you very much

  22. #97
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    Hi @nemesis45,
    Thank you very much
    tag me @nemesis45 if you need more!

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  23. #98
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Thank you, I will do!

  24. #99
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @Helpseeker02

    Is that copy agreement of the agreement illegible in entirety in'real life'? (ie can it be read easily without, say a magnifying glass)?
    Obviously, if you normally wear glasses, you don't count them as an aid for this purpose.

    & is the date of signature 2001?
    CAVEAT LECTOR

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  25. #100
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @charitynjw,

    Yes to both questions.

    Seriously, a good magnifying glass is definitely required in order to read the information on the form. Why do you ask?

    Regards,
    HS




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