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N9B defence for inaccurate CCA

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  • #31
    Originally posted by Dolally1 View Post
    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 Iíd 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.

    Comment


    • #32
      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.

      Comment


      • #33
        Thanks for this, I will write to them.

        Iíve now received a copy of their application notice to lift the stay, strike out my defence and seek summary judgment.

        They are still quoting Carey v HSBC (2009) for the reason why they have supplied a reconstituted copy.

        They state that there is no real prospect of successfully defending the claim so no reason why it should go to trial.

        Do I await to hear from the court or should I be actively doing something?

        Comment


        • #34
          Originally posted by Dolally1 View Post
          Thanks for this, I will write to them.

          Iíve now received a copy of their application notice to lift the stay, strike out my defence and seek summary judgment.

          They are still quoting Carey v HSBC (2009) for the reason why they have supplied a reconstituted copy.

          They state that there is no real prospect of successfully defending the claim so no reason why it should go to trial.

          Do I await to hear from the court or should I be actively doing something?
          a) Do I await to hear from the court or should I be actively doing something?

          Wait to hear from the Court.



          Comment


          • #35
            Update on 25 Aug the case was transferred to my local court for a hearing date. No directions questionnaire received or notice of proposed allocation or any further information to date.

            Comment


            • #36
              Originally posted by Dolally1 View Post
              Update on 25 Aug the case was transferred to my local court for a hearing date. No directions questionnaire received or notice of proposed allocation or any further information to date.
              Phone the Court, find out if they've sent the DQ out yet? Postal Strikes may effect their admin.

              Comment


              • #37
                Thank you. Phoned the court and itís been allocated but no direction questionnaire sent out yet and they couldnít say anymore than that BUT today Iíve received a letter from a company called Intrum who have been assigned the debt from Debt managers back in May this year. What does this mean for the current case?

                will Restonís have to redo all the paperwork they prepared for Debt managers back in August or does the case just carry on. Iím a little confused to say the least!

                Comment


                • #38
                  Originally posted by Dolally1 View Post
                  Thank you. Phoned the court and itís been allocated but no direction questionnaire sent out yet and they couldnít say anymore than that BUT today Iíve received a letter from a company called Intrum who have been assigned the debt from Debt managers back in May this year. What does this mean for the current case?

                  will Restonís have to redo all the paperwork they prepared for Debt managers back in August or does the case just carry on. Iím a little confused to say the least!
                  If Intrum own the debt from May, then Reston's shouldn't have started proceedings on behalf of Debt Managers.

                  But you really need to find out what's going on. If that's what's happened then Reston's would need to withdraw this claim as the Creditor is incorrect. But you need to find out 'stealthily'.

                  Hopefully, they (Intrum), aren't debt collecting and have bought the debt.

                  Comment


                  • #39
                    Intrum state they are the new legal owner of the debt and will seek to instruct credit references agencies to update their records as the balance is owed to them now.

                    They have also increased the debt by the costs sought be Restonís, court costs etc(£600).

                    Shall I complain/write to the court or Restonís or formal complaint to Financial Ombudsman. Thank you

                    Comment


                    • #40
                      Originally posted by Dolally1 View Post
                      Intrum state they are the new legal owner of the debt and will seek to instruct credit references agencies to update their records as the balance is owed to them now.

                      They have also increased the debt by the costs sought be Restonís, court costs etc(£600).

                      Shall I complain/write to the court or Restonís or formal complaint to Financial Ombudsman. Thank you
                      O.K. i need to back track a bit on this.

                      The proceedings were started in April by Debt Managers, the debt was then sold to Intrum in May.

                      atticus Can you please take a look at the bit in bold.

                      Comment


                      • #41
                        Update - notice of hearing application received with date to be fixed. Do I write to the court and let them know the Claimant has sold it onÖ5 months ago?

                        Comment


                        • #42
                          Originally posted by Dolally1 View Post
                          Update - notice of hearing application received with date to be fixed. Do I write to the court and let them know the Claimant has sold it onÖ5 months ago?
                          Yes, make sure they understand what you are saying. That the claim form states XXXXX, but XXXXX bought the account on XX/XX/XX.

                          Comment


                          • #43
                            Iíve written to the court.

                            Response letter received from solicitors to state the 5 month delay in notification of sale and the continuation of proceedings due to the assignment only taking place on notification.

                            Second letter now received filing for an amendment in claimants company name.

                            Comment


                            • #44
                              Originally posted by Dolally1 View Post
                              Iíve written to the court.

                              Response letter received from solicitors to state the 5 month delay in notification of sale and the continuation of proceedings due to the assignment only taking place on notification.

                              Second letter now received filing for an amendment in claimants company name.
                              Make a note of that, that they made the claim under the wrong creditor and their was a 5 month delay in the notification.

                              Comment


                              • #45
                                Happy New Year.

                                Just by way of an update, Restonís have requested a discontinuance following my instruction of a legal team and additional defences that were submitted. Iím now pursuing costs.

                                Thankyou for all your help.

                                Comment

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Witness Statements
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