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N9B defence for inaccurate CCA

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  • Dolally1
    started a topic N9B defence for inaccurate CCA

    N9B defence for inaccurate CCA

    Hi, Iíve received a court claim for a catalogue account. Iíve previously requested the CCA and been sent a document with an alleged address that wasnít 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
    Tags: None

  • echat11
    replied
    Originally posted by Dolally1 View Post
    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.
    Well done, great result.

    Leave a comment:


  • Dolally1
    replied
    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.

    Leave a comment:


  • echat11
    replied
    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.

    Leave a comment:


  • Dolally1
    replied
    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.

    Leave a comment:


  • echat11
    replied
    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.

    Leave a comment:


  • Dolally1
    replied
    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?

    Leave a comment:


  • echat11
    replied
    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.

    Leave a comment:


  • Dolally1
    replied
    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

    Leave a comment:


  • echat11
    replied
    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.

    Leave a comment:


  • Dolally1
    replied
    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!

    Leave a comment:


  • echat11
    replied
    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.

    Leave a comment:


  • Dolally1
    replied
    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.

    Leave a comment:


  • echat11
    replied
    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.



    Leave a comment:


  • Dolally1
    replied
    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?

    Leave a 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
Directions Questionnaire
Statute Barred Letter



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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