• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

N9B defence for inaccurate CCA

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #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 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.

    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.

        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


        • #34
          Originally posted by Dolally1 View Post
          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?
          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 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


                • #38
                  Originally posted by Dolally1 View Post
                  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!
                  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 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


                    • #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 Reston’s, court costs etc(£600).

                      Shall I complain/write to the court or Reston’s 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 on…5 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 on…5 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
                            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


                            • #44
                              Originally posted by Dolally1 View Post
                              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.
                              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, Reston’s have requested a discontinuance following my instruction of a legal team and additional defences that were submitted. I’m now pursuing costs.

                                Thankyou for all your help.

                                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

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X