N9B defence for inaccurate CCA
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N9B defence for inaccurate CCA
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 thanksTags: None
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Originally posted by Dolally1 View PostHappy 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.
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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.
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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.
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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.
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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?
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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?
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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.
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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
Leave a comment:
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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.
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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!
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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.
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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.
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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.
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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?
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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.
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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.
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