Originally posted by Dolally1
View Post
N9B defence for inaccurate CCA
Collapse
Loading...
X
-
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.
- 1 thank
Comment
-
Thanks for this, I will write to them.
I’ve 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
-
Originally posted by Dolally1 View PostThanks for this, I will write to them.
I’ve 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?
Wait to hear from the Court.
- 1 thank
Comment
-
Originally posted by Dolally1 View PostUpdate 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
-
Thank you. Phoned the court and it’s been allocated but no direction questionnaire sent out yet and they couldn’t say anymore than that BUT today I’ve 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 Reston’s have to redo all the paperwork they prepared for Debt managers back in August or does the case just carry on. I’m a little confused to say the least!
Comment
-
Originally posted by Dolally1 View PostThank you. Phoned the court and it’s been allocated but no direction questionnaire sent out yet and they couldn’t say anymore than that BUT today I’ve 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 Reston’s have to redo all the paperwork they prepared for Debt managers back in August or does the case just carry on. I’m a little confused to say the least!
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
-
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 Reston’s, court costs etc(£600).
Shall I complain/write to the court or Reston’s or formal complaint to Financial Ombudsman. Thank you
Comment
-
Originally posted by Dolally1 View PostIntrum 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 Reston’s, court costs etc(£600).
Shall I complain/write to the court or Reston’s or formal complaint to Financial Ombudsman. Thank you
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
-
Originally posted by Dolally1 View PostUpdate - 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 on…5 months ago?
- 1 thank
Comment
-
I’ve 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
-
Originally posted by Dolally1 View PostI’ve 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
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
1 of 2
<
>
Support LegalBeagles
2 of 2
<
>
SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
See more
See less
Court Claim ?
Guides and LettersSHORTCUTS
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
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment