N9B defence for inaccurate CCA

[echat11]

Write to Reston's, thank them for their recent communications, thank them for sending the documents they've sent. Explain that they have failed to comply with the request made under s 78 (1) Consumer Credit Act 1974. Explain as the account was taken out before 2007, they are aware or at least should be that they have to provide a 'True Copy' of the agreement and not a 'Reconstructed' agreement as they have done. Explain that they are breaching FCA Guidance on CCA 1974 for the need to provide 'compliant' documentation when requested. Also that you are 'minded' to lodge a Formal Complaint with the FCA regarding this matter.

[echat11]

Further update - just received another letter requesting I withdraw my defence as my cut and paste template stands no chance of success. As I have failed to comply with part 16 civil procedure rules and under part 24 the court can award summary judgement.

However if I do want to defend and pay the extra costs I should send my draft defence and evidence to them in the next two weeks.

And there was me thinking it was the court I’d hear from next regarding what the next steps were!

It's nonsense as stated in post 26, it's because they can't provide the requested documentation, so the only thing left for them are threats. I need to read through the thread.

[Dolally1]

Further update - just received another letter requesting I withdraw my defence as my cut and paste template stands no chance of success. As I have failed to comply with part 16 civil procedure rules and under part 24 the court can award summary judgement.

However if I do want to defend and pay the extra costs I should send my draft defence and evidence to them in the next two weeks.

And there was me thinking it was the court I’d hear from next regarding what the next steps were!

[Dolally1]

Ah I see. Thank you.

Happy Wednesday to you too

[echat11]

Assuming we go through all the above process and either they withdraw or lose what’s to stop them bringing a new case using my evidence to recreate a non dud version?

That's not going to happen, that would be an abuse of the Courts (I wasn't going to answer the question, but it's happy Wednesday).

[Dolally1]

Assuming we go through all the above process and either they withdraw or lose what’s to stop them bringing a new case using my evidence to recreate a non dud version?

[echat11]

I’ve received under separate cover yet another copy of the same incorrect detailed paperwork.

If I limit the detail I put on the directions questionnaire (so not to shoot myself in the foot) I run the risk if they do not agree to mediation that the explanation of why I think it’s unenforceable is not explained to the judge.

Or do I hope for mediation then let them know the detail.

Its like a tactical game of chess rather than simply telling the truth, which saddens me :0(

Lets say for example there is no mediation (I'm not saying there won't be), you prepare your Witness Statement with evidence and there is a hearing when you can say that the document should be a true copy (pre 2007) and any how their reconstructed agreements are incorrect (wrong address) in any case.

Mediation is to reach a settlement, not to disclose aspects of your case. You just need to write that you haven't received the requested documents which is what you've put in your defence. Well you haven't received them because it should be a true copy if the agreement was taken out before 2007.

Well, they've reconstructed an agreement, instead of providing the original, they've got the wrong address on a reconstructed agreement, 'it's a hit and hope on their part'.

It will look bad on their part if they don't agree to mediation, hopefully after Witness Statements have been exchanged and you give them the evidence they will withdraw the case.

Why give them the opportunity to reconstruct further 'duds'.

If the Court / judge asks you what's wrong with the documents, then you can tell them.

[Dolally1]

I’ve received under separate cover yet another copy of the same incorrect detailed paperwork.

If I limit the detail I put on the directions questionnaire (so not to shoot myself in the foot) I run the risk if they do not agree to mediation that the explanation of why I think it’s unenforceable is not explained to the judge.

Or do I hope for mediation then let them know the detail.

Its like a tactical game of chess rather than simply telling the truth, which saddens me :0(

[echat11]

Update:

Had a response from solicitors to my “commonly circulated template on consumer based forums defence” (their words not mine!) Stating my defence has no real prospect of success and they will recommend their client makes an application to strike out the defence and enter judgement for the full amount with legal fees and costs.

They also invite me to withdraw my defence by completing the enclosed form or that I put forward a reasonable settlement proposal.

If i do nothing is the next step a directions questionnaire from the court and mediation? To which I can then explain the paperwork makes no sense.

Also a little concerned about everything being done by post and not receiving the directions questionnaire (due to be away from home in the next couple of months). Can I inform the court and have everything done via the online portal?

Thank you

a) So your Defence didn't go down well with them, you won't be the first person to use a online template. Just ignore their comments.

b) You can actually download the Directions Questionnaire, fill it in and email it to the Court and Restons Solicitors.

https://www.gov.uk/government/public...l-claims-track

c) On there you must state that you want Mediation, but you haven't received the documents from Restons Solicitors if that is the case. You might shoot yourself in the foot, if you state where their error is in the documentation.

[Dolally1]

Update:

Had a response from solicitors to my “commonly circulated template on consumer based forums defence” (their words not mine!) Stating my defence has no real prospect of success and they will recommend their client makes an application to strike out the defence and enter judgement for the full amount with legal fees and costs.

They also invite me to withdraw my defence by completing the enclosed form or that I put forward a reasonable settlement proposal.

If i do nothing is the next step a directions questionnaire from the court and mediation? To which I can then explain the paperwork makes no sense.

Also a little concerned about everything being done by post and not receiving the directions questionnaire (due to be away from home in the next couple of months). Can I inform the court and have everything done via the online portal?

Thank you

[echat11]

Yes I think changing point 4 (as you have suggested above in post 16) is appropriate perhaps along with the addition of the line in post 18.

I intend to submit the defence online (rather than paper copy) today. If the judge disagrees is there an appeals process?

Thank you all your input thus far, I shall make a donation to this site as soon as I’m able as wouldn’t have been able to get this far with out you.

Yes, you can Appeal the decision - https://www.gov.uk/government/public...ly-cases-ex340

A good guide - https://www.judiciary.uk/wp-content/..._in_Person.pdf

Ref post 18, read point 12, point 12 says that.

Point 4 should read as follows now -

4.It is admitted that the Defendant had previously entered into an agreement with Next for provision of credit.

[Dolally1]

Yes I think changing point 4 (as you have suggested above in post 16) is appropriate perhaps along with the addition of the line in post 18.

I intend to submit the defence online (rather than paper copy) today. If the judge disagrees is there an appeals process?

Thank you all your input thus far, I shall make a donation to this site as soon as I’m able as wouldn’t have been able to get this far with out you.

[echat11]

So should I expand point 12. To include - A true copy of the original agreement/contract has not been provided…therefore unenforceable?

or is that something that I explain during mediation or hearing whichever way this ends up going…

many thanks for taking the time with this.

As Mike says.

Have you read post 16 and do you want to channge point (4)?

[MIKE770]

You point out the legislation the judge has final say urgghh

[Dolally1]

So should I expand point 12. To include - A true copy of the original agreement/contract has not been provided…therefore unenforceable?

or is that something that I explain during mediation or hearing whichever way this ends up going…

many thanks for taking the time with this.