N9B defence for inaccurate CCA

[Dolally1]

Hi, I’ve received a court claim for a catalogue account. I’ve previously requested the CCA and been sent a document with an alleged address that wasn’t mine at the date of the agreement. I think this makes the CCA unenforceable. Am I right and how do I word this as a defence? Many thanks

[echat11]

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.

Well done, great result.

[Dolally1]

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.

[echat11]

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.

[Dolally1]

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.

[echat11]

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.

[Dolally1]

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?

[echat11]

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.

[Dolally1]

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

[echat11]

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.

[Dolally1]

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!

[echat11]

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.

[Dolally1]

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.

[echat11]

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.

[Dolally1]

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?