Advice please - court claim received

[mystery1]

Re: Advice please - court claim received

The prescribed terms appear to be present so no defence there.

Without forensic scrutiny i'd say we would struggle with the agreement.

About to look at the default notice.

M1

[mystery1]

Re: Advice please - court claim received

Is the reference number your loan account number and is it 100% the same as the loan number they gave you andhave used on statements since inception ?

Do you have any statements from around September 2009 ?

M1

[flinko]

Re: Advice please - court claim received

The Arrow ref number is different to my loan acc number if thats what you mean?

they do ref my loan account on the court claim though

[mystery1]

Re: Advice please - court claim received

I was talking about the default notice. Also did the default notice have the OFT arrears sheets with it ?


However since you mentioned it, is your loan account number on the noa and is it correct ?

M1

[mystery1]

Re: Advice please - court claim received

Default under s87 (1) Consumer Credit Act 1974

The Claimant pleads that the Defendant breached her contract. By virtue of a breach of contract and pursuant to s87 (1) Consumer Credit Act 1974 the Claimant is required to serve a default notice in the form prescribed by Consumer Credit Default Enforcement and Termination Notices Regulations 1983(The Regulations). No notice compliant with the Consumer Credit Act was served therefore the Claimant is barred from terminating the agreement and demanding the sums claimed from the Defendant. In respect of the defects within the Default notice,the Defendant relies upon the following particulars of the breaches.

The Default notice served fails to contain the statutory wording required by regulation 2 and schedule 2 Para 4, Para 5 & Para 9 of the Regulations. For the avoidance of doubt the regulations require the wording specified by the schedule to be used without variation as laid out at Regulation 2(6) of the Regulations.

The Default notice served did not contain the information as regulation 2 and schedule 2 Para 8.

Accordingly the Default notice is bad and no enforcement is permitted. The Defendant relies of Harrison vs. Link Financial Limited [2011]EWHC B2 Mercantile to support this.









This may need amended once you answer the questions already posed. Then the default and noa parts need joined together and the whole piece needs refined to complete the defence.

M1

[flinko]

Re: Advice please - court claim received

I was talking about the default notice. Also did the default notice have the OFT arrears sheets with it ?


However since you mentioned it, is your loan account number on the noa and is it correct ?

M1

ok,

the ref on the default notice from Egg I assume is the account number. It is however different to the agreement number on the loan agreement.

The loan number on the Noa is correct (well, it matches the ref on the default notice)

As far as the 3 docs are concerned, I have scanned in all I have

[mystery1]

Re: Advice please - court claim received

Are you still able to log in to EGG to check the loan number ? This could be a vital thing here on both the NOA and Default notice.

Or do you still have your copy of the agreement ?

M1

[flinko]

Re: Advice please - court claim received

I have an old statement that says the account number is as Arrow state. They do match.

[mystery1]

Re: Advice please - court claim received

http://www.oft.gov.uk/shared_oft/con...rears-mono.pdf

Do you know if you did or did not get this ?

M1

[flinko]

Re: Advice please - court claim received

Yes, I remember getting something like that from Egg many years ago with an arrears notice

[mystery1]

Re: Advice please - court claim received

IN THE [TOWN]	COUNTY COURT	CASE No.
BETWEEN
	[IVOR PROBLEM]	Claimant
	AND
	[JUSTIN TIME]	Defendant

DEFENCE

TheClaimants pleaded case is not sufficient for the purposes of CPR16.The Claimants pleaded case is lacking the most basic facts anddetail such as dates of demands made by the Claimant, date ofdefault,date of service of notice of assignment, date of service ofdefault notice and date of agreement, which has been alleged to bebreached.This information is fundamental to the Claimants case, yetno details are offered or pleaded.



TheClaimant is put to strict proof of the assignmentof the Defendants account and will be required to produce documentsat trial of the same. The defendant denies receipt of a notice ofassignment prior to the commencement of this action. The defendanttherefore challenges the claimants standing in this matter. Theclaimant is put to strict proof that a notice of assignment wasvalidly served on the defendant.Thedefendant denies that the notice of assignment produced under cpr31.14, after the litigation commenced, does not state any amount ofdebt and as per WF Harrison & co LTD v Burke and Another is not avalid notice.Thedefendant sough to view a copy of the deed of assignment and wasrefused by the claimant which is contrary to Van Lynn DevelopmentsLtd v Pelias Construction Co Ltd.Thedefendant makes no admissions with regard to the assignment.





TheClaimant is put to strict proof of a valid default notice having beenserved upon the defendant and will be required to produce documentsat trial of the same. TheDefendant admits to receiving a default notice but denies it complieswith statutory provisions. The Claimant pleads that the Defendantbreached her contract. By virtue of a breach of contract and pursuantto s87 (1) Consumer Credit Act 1974 the Claimant is required to servea default notice in the form prescribed by Consumer Credit DefaultEnforcement and Termination Notices Regulations 1983(TheRegulations). No notice compliant with the Consumer Credit Act wasserved therefore the Claimant is barred from terminating theagreement and demanding the sums claimed from the Defendant. Inrespect of the defects within the Default notice,the Defendant reliesupon the following particulars of the breaches.



TheDefault notice served fails to contain the statutory wording requiredby regulation 2 and schedule 2 Para 4, Para 5 & Para 9 of theRegulations. For the avoidance of doubt the regulations require thewording specified by the schedule to be used without variation aslaid out at Regulation 2(6) of the Regulations.

TheDefault notice served did not contain the information as regulation2 and schedule 2 Para 8.

Accordinglythe Default notice is bad and no enforcement is permitted. TheDefendant relies of Harrison vs. Link Financial Limited [2011]EWHC B2Mercantile to support this.






Therefore,the Claimants Claim should be dismissed and the Claimant should paythe Defendants costs to be summarily assessed on an indemnitybasis.


Statementof Truth
Ibelieve that the facts stated in this Defence are true.
Datedthis 2nd day of June 20....
Tothe court and
to the Claimant

	.......................... JUSTIN TIME Defendant
	of [Address],
	at which address he/she will accept service of proceedings.

Edit to suit as only you know the facts and i am not a lawyer.

Hope it helps.

M1

[mystery1]

Re: Advice please - court claim received

Any updates ?

M1

[flinko]

Re: Advice please - court claim received

I didn't feel confident enough with the defence in the end - I decided to make a full and final offer of settlement of 30% to all creditors.

This was rejected by 2 of my creditors and ignored by the others and so I have decided to go BR. I need some closure on it all to be able to move on. (even though I suppose I could have waited for the creditor to make me bankrupt, im not sure this would ever happen - after all, they have nothing to gain and £600ish to lose.)

Despite this, thanks for everyone's advice, it was valuable whilst it lasted! (especially M1 & Millitant - I hope they are ok after their accident (millitant that is!))

[FlamingParrot]

Re: Advice please - court claim received

Out of interest, as I haven't read this whole thread which goes back a long way, how much is your total debt? There is someone on here with £150k worth of debt!

Have you already started the ball rolling for your bankruptcy? Because it's a very big step to take and best suited to certain types of debt that cannot be easily dealt with.

[flinko]

Re: Advice please - court claim received

It totals approx 90k, made up of a business debt which I would dispute (no personal guarantees were signed as far as I remember), a mortgage shortfall from a repo, misc. others CCs and loans.

Its not a serviceable debt for me and due to other circumstances (causes mother stress she coule do without!, other family matters, current career and future prospects), it would benefit me greatly (imho) to cut my losses and start afresh.