Court Tomorrow

[Nelg352010]

Hi, im in need of some urgent advice, back in 2009 i requested information under CCA and a few days later i recevied some Docs, an application form, a credit card statement showing a balance of Zero some t's & c's... i then advised that the account was in dispute (the usual letters), i have received the usual documents purporting to be a compliant CCA but again an application form etc...

last May i recevied a claim form and filed a defence under CPR and requested all documents, the claim was then stayed as the DCA could not provide the docuements, this dissapeared until Feb 2011 when i got an application notice, again i filed a defence on the same groungs and tomorrow i am at court.

i want to attend as i believe they will not show up and i have a number of conflicting letters from them.. which shoudl show that i am not aware what they are claiming as in the application notice they state themselves the defendant requested documents under CPR so he could prepare a defence to admit or deny the claimants claim.

i have 5 different values that they are "claiming" from £0 to £12K

i have a letter from them stating that the debt was sold to them back in 2008 yet another letter dated Feb 2010 is a welcome letter from them stating they have now been given the debt..and i have numerous letters previous to this asking for money...

my defence tommorrow will be based on not knowing why i am actually at court, as they have not complied with the CPR so how can i admit or deny the claim?

i will be showing the different values and the application form and letters all conflicting with each other, they have sent CCA paperwork but there is no credit limit or % rates nor is there a signature from me or them and it is in my new address when the application form is in my old address.

considering the above do you guys have any advice? i have purposly left out the DCA name and my details for obvious reasons.

any advice would be great as im getting a little twitchy now......gulp!!!

[WendyB]

Re: Court Tomorrow

Well if you received a credit card statement showing a nil balance, why was the account put into dispute?

How much are they claimingon the N1? Surely they have to have put an amount on there?
If they can provide the docs (which no doubt they will be given the opportunity to do) what are you then intending to rely in in your "proper" defence? Unenforceablity?

Presumably you stopped paying when no CCA was forthcoming? But then if there was a nil balance why would you be paying anything anyway? And presumably you knew the nil balance statement was wrong at the time.

[Angry Cat]

Re: Court Tomorrow

The reason that the statements showed a zero balance, is that the account had been charged off and then sold.

[pompeyfaith]

Re: Court Tomorrow

Which means he should have an NOA letter

[Nelg352010]

Re: Court Tomorrow

Thanks so far, i have other copies of statements where there are amounts, i was planning on going the why am i here route, i requested information last year under CPR when the claim form came through after my CCA request in which the documents provided are not compliant with CCA as all i have been given is an application form, a statement, what appears to be a credit agreement with my new address on and not the address on the application form, surley if these were correct CCA documents they would be in my address as per the application form and would have a my signature on them atleast, the claimant failed to supply anything under CPR and todate still has not, how can i defend myself if i have not been given docuemtation from the claimant to allow me to defend myself..

can i go this route? what would i say if i was going to say it is unenforaceble?

Thanks in Advance.
------------------------------- merged -------------------------------
Whats NOA

[pompeyfaith]

Re: Court Tomorrow

Notice of asignment it should be sent to you by the creditor when they sell a debt to a dca or other financial company.

[Nelg352010]

Re: Court Tomorrow

Well theres a funny thing i have a letter from them attaching a letter stating they were assigned the debt in 2008 and another letter from them dates feb 2010 writing to introduce themselves as the assignee of the debt???!

i am so confused by all this.

[WendyB]

Re: Court Tomorrow

What was the reason for your stopping paying in the first place? Were you in financial difficulties? Have you at any time tried to come to an arrangement to pay off the arrears/balance, with either the OC or the DCA? These are questions that the DJ may well ask tomorrow.

What is the amount on the N1 claim form that they have sued for?

There may also be charges on the CC that you can counterclaim and use to reduce the amount outstanding - if a figure is ever estabiished as to what is outstanding.

[fluffystuff]

Re: Court Tomorrow

The reason that the statements showed a zero balance, is that the account had been charged off and then sold.

Sorry to butt in but can I ask if an account has been charged off, is it always the case that it has been sold on?

[Angry Cat]

Re: Court Tomorrow

Sorry to butt in but can I ask if an account has been charged off, is it always the case that it has been sold on?

After charge off, a debt is sometimes passed on to a DCA for collection; the debt goes into limbo.

Evetually, it will be assigned/sold to a debt buying firm along with many other debts.

Equitable assignments normally have a 'put back' clause written in them.
In other words, if the assignee is unable to collect on said debt, it goes back to the original Creditor

[Angry Cat]

Re: Court Tomorrow

Well theres a funny thing i have a letter from them attaching a letter stating they were assigned the debt in 2008 and another letter from them dates feb 2010 writing to introduce themselves as the assignee of the debt???!

i am so confused by all this.

In essence, one should not submit ones defence until a CPR 31.14 request has been complied with.
It is impossible to defend, if one has not obtained full disclosure of documents that the case relies upon.

Did you request copies of the Deed of Assignment and Deed of Sale?

The copy agreement that you have been provided with sounds like a reconstituted version?
Have they provided to you the correct inception T&C's as well as the T&C as varied?

[Nelg352010]

Re: Court Tomorrow

Wow, thanks for all the responses....
The alleged agreement is in a few parts.....

An application form in one address dated 1999
The other part with no signatures that they say is a cca has my current address which was not built until 2003 and I did not move into until 2004... It does not have a credit limit and they have hand written an account number on and scribbled a date on and has no signature on either..

I have a statement with a balance of zero which has a different account number than the hand written one and the default notice, in all this information there are a total of 6 different alleged amounts....

[Differentjudge]

Re: Court Tomorrow

so what was the outcome today?????

[Nelg352010]

Re: Court Tomorrow

Actually went ok, they Link turned up which was a bit of a surprise but nevertheless I went for it, they turned up without certain papers and the solicitor didn't really know what was going on fully.

The judge asked what my defence was against the claim, I got a little lost with pressure and fumbled my way through it not very well, he asked if I wanted to try and settle or did I still want to defend the claim, which I said I still want to defend fullly because of the lack of information supplied and contradictory documents supplied.

I have submitted my defence now and have to supply a list of disclosures within a few days, personally I don't think link will take this any further as they clearly don't have the information to enable them to go much further.