help needed please - application form as CCA sec 77 ?

[Amethyst]

wow ! more than I got....but don't hold your breath too long

I'll work on letter tonight once the kids go for more than 30 seconds without needing a drink/a sandich/a biscuit/tv on/tv off/fell off trampoline/ stood in dog poo etc etc etc etc have to love'em dont ya.

[hellhasnofury]

Hello Ame,

Just thought i'd let you know.
Have just received a letter from Restons stating

Thanks for your letter blad de blah

We will reply in full once we have instructions from our client!!!!!!

MMMMmmm wonder what will come next. cant wait

[Amethyst]

Hey Hell

Is this you offer for half even though you dont acknowledge the debt if they drop the claim ?

Ill have a play this evening for you

Ame
xx

[hellhasnofury]

Hello,

Just had a bit of luck with the good old faithful NWesty.

I am thinking of offering hfc a gowg to stop their court action. Any ideas of what to put in the letter. Also would I send a letter to restons Solicitor of hfc or both.

My defence for the case has to be in by the 21st June and I defended it.

[peed 'orf]

Hello, Just off to the post office with a bunch of letters

What no flowers?

[hellhasnofury]

Hello, Just off to the post office with a bunch of letters HA HA lets see what they come up with now.
One to hfc and one to restons

[Amethyst]

Wicked

Ame
xx

[hellhasnofury]

pretty much hun ---- you got a couple late payment charges to get back too


Collection charge you defend strongly as it is a penalty for a breach of contract and vastly disproportinate.

I received the court papers on the 25th May. I acknowledged on the 27 of may, so I presume it will be 28days from the 25th. so the defence need to be sent back before the 21st June. so I can calm down abit.

Speak soon and thanks

[Amethyst]

pretty much hun ---- you got a couple late payment charges to get back too


Collection charge you defend strongly as it is a penalty for a breach of contract and vastly disproportinate.

[hellhasnofury]

28 days will be from the date you received the claim....

Re acknowledging the debt - that's a no for this first defence - the point of the CCA request is because you dont acknowledge the debt.....

so no mention of payplan as yet

that will come in the second defence - if its needed.

As far as you are concerned for the first defence there is no debt.

Right I think I got it.

1st Defence I don't acknowledge the debt as you cannot hold me to the application form.

If they do come up with it (I do think it will be affabricated one,(I have been signing my letters in a different way so I will know if they have copied it.

Heaven forbid if they do come up with it

2nd defence. OK me lord I did spent the money, but they are truely greedy b******s and they are still making more money out of peoples misfortune.
So I do not acknowledge the collection charge and their contractual interest of £5.19 daily till judgement. I am prepared to continue with payments every month for the rest of my life

Have I got it now Ame

[Amethyst]

28 days will be from the date you received the claim....

Re acknowledging the debt - that's a no for this first defence - the point of the CCA request is because you dont acknowledge the debt.....

so no mention of payplan as yet

that will come in the second defence - if its needed.

As far as you are concerned for the first defence there is no debt.

[hellhasnofury]

Okay hell, we discussed Kotum last night and to be honest I suspect your claim will go down a similar path. ie. they'll supply the CCA on receipt of defence and you'll need to submit the second defence. Of course fingers crossed they dont and stick with the application form without prescribed terms. (that reminds me actually keep meaning to paste those for you)

Work on your Defence wording, you might want to expand further from what I have pasted above.. I'll ask Ashley to come and have a look too.

What the final date for defence submission ?

I submitted the acknowledgement of service on the 17th May so I think up to 28days from then. As for an cc agreement, I have a strong feeling that they will not be able to supply it on receipt of the defence, because I can't remember signing any thing else. I do feel quite confident about that.

I have not seen many defences so i may struggle at bit. I have read you defence and will try to expand on it, but it looks good to me,

Is it a bit like telling a story. Do I acknowledge the debt and mention paying monthly through payplan. etc etc.

Anyway again many thanks

[Amethyst]

The prescribed terms specified in Sch 6 are as follows:
• amount of credit
• credit limit
• rate of interest
• repayments

When I find sch 6 online i'll link it.

[Amethyst]

Okay hell, we discussed Kotum last night and to be honest I suspect your claim will go down a similar path. ie. they'll supply the CCA on receipt of defence and you'll need to submit the second defence. Of course fingers crossed they dont and stick with the application form without prescribed terms. (that reminds me actually keep meaning to paste those for you)

Work on your Defence wording, you might want to expand further from what I have pasted above.. I'll ask Ashley to come and have a look too.

What the final date for defence submission ?

[hellhasnofury]

This is a starting point for the no CCA documents defence

Hello ame,

Wow thanks so much, for the amendment to the letter and now the poc.

Do I put the poc on the court papers and just send it back to them and wait,

I still feel very unsure and still need someone to hold my hand. Hopefully when I get to the other side. and even if the worse happens. I will have learned so much and be able to help others.

I am truely grateful to you for your help and support.

Again thanks