**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Yes I did , I need to go and buy a scanner (lol) so will post it up but it said

the claimant sends the defendant complete copies of :
the credit agreement
the default notice
the notice of assignment


thanks so much for all your help .. I am so very grateful

Do you have a camera or webcam on your computer or phone? often you can get clear enough pictures to post up with those (rather than spending money on a scanner)

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks amethyst you are so thoughtful

have got a cheap scanner - needed to buy one anyway as doing stuff at work is a bit awkward so i had already budgeted for it. it is however driving me demented so have given up set up for today and will upload the docs tomorrow but have added pictures for now

attached is the letter from DF, pics of the original CCA , default notice and notice of assignment.

there is NO original CCA or signed agreement by me

initial points are;

on a read through the reconstituted CCA marked original i see it quotes in section 16.2 it refers to two acts dated 2000 and 2004. so unless they had a time machine this can not be the ORIGINAL terms of the agreement

The interest rates are not correct - if it is the card i think it is then it was 0% for the first year

this was an affiliated card - it does not mention the name of organisation at all

the charges are stated in section are £12 for missed payments, over limits etc. I am sure this was not the case - i distinctly remember it was over £20 as I was furious - does any one have any idea where to find the charges for 1999

the default notice is a sample , it is not mine.

on a side note I have found a default notice dated September 2006 from BOS when i entered the DMP - this however shows on my files as 2011.

they have sent statements of payments since 2008 - it shows that they continued to add interest at a rate of over £100 a month from 2008 - 2012 despite being aware that i was in financial hardship. I have yet to get the exact figures but I paid over £11k against an original figure of £13k which included PPI and charges

the notice of assignment is attached - going through my file both Lowell and moorcroft also had this debt though capquest say they bought it off BOS

my defence is due on 25th August which is a Bank Hol so will need to get everything done by the friday before

just one point where do I send my deference - do i do it on MCOL or send it to northampton or the court that heard the N244 order?????

Thanks so much for helping me - i am feeling lost again with all this!!

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Ah hahahaha that's wonderful.

Financial Services (Distance Marketing) Regs 2004 and Consumer Protection (Distance Selling) Regulations 2000.

Will check when they actually came in but at a guess it wasn't in 1999.

The £12 is also a dead giveaway this isn't the original agreement (think it was either £15 or £20 in 1999)

The defence should go to the court you had your application hearing at. Could you give the court a buzz Monday and check if they should have sent you out an order confirming the Judge's orders? ( gahhh sorry just reread you have it so yes will wait for scan of it)

You'll be fine so don't worry xxx

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

1. These Regulations may be cited as the Financial Services (Distance Marketing) Regulations 2004 and come into force on 31st October 2004. aw:

1. (1) These Regulations may be cited as the Consumer Protection (Distance Selling) Regulations 2000 and shall come into force on 31st October 2000. aw:

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Amythest you are such a wonder - giving up your weekend to help is so very much appreciated by all of us!

so ,,, should my defence be marked Back to the Future LOLS....... even i can see the funny side of their ineptiude!!!

I will upload the full glory tomorrow and then start preparing for my defence

have a lovely evening!
LLLx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Finally got the scanner working!
attached is
the unless order (on the next post)
letter from DF
Notice of Assignment
Sample default notice
orig T and Cs
Current T and Cs

just to recap CC was taken out in March 1999 and was an affiliated card

as we discussed yesterday the Original T and Cs just dont seem valid, they refer to acts passed after 1999 and also there is mention in section 16 of online banking - that definitely wasn't happening then!!

There is NOTHING with my signature on

I have a copy of a default notice sent to me in 2006 but they only registered it in 2011.

I also have the statements from 2008 which i haven't uploaded as they are month by month and would take up space but they show charges and interest of nearly £200 PCM showing despite me being on a DMP - yes i know they can do this but GRRRRRRRRRRR

your thoughts on a defence would be hugely appreciated - I have until 25th to do it but with one thing and another I really want to get it sorted well in advance..

I just don't see how they can enforce with the paperwork they have presented to me??

Thanks so much !

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Unless order - wouldnt up load last time

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

As suspected have to have a bit of a hospital stay so need to get this sorted sooner rather than later.

Am guessing my only course of defence at this stage is the non compliance with the cca ... It is doubtful that this is enforceable .. Any pointers to how to start would be gratefully received

lll x

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Ahhh haaa thanks lowlowlola - I'll have a read through your scans xxx When do you go into hosp ? be best to get this submitted beforehand really, save you stressing about it.

Glad you posted tonight, I hadn't spotted you'd got the scans up yesterday (or all day today sorryyy)

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Two nights week after next then two weeks recovery .. It's great being a girl :tinysmile_kiss_t4: !!!

Im sorry to be a pain but would like to get it done and ready to go !

Thanks sooo much xxx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ps no need to apologise feel awful for asking !

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

I think they have marked up the agreements back to front. The one marked as CURRENT is dated 10/98 and the one marked as ORG has the 2004 regs and £12 default charges on.

Arrghhh bit annoying that.

However they still haven't provided a signed document..... and it is 1998 .. so could argue didn't sign and sec 61

Thinking aloud really - will have a think over night and try get some other opinions xxx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks , yes i was thinking that to ???

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Default notice dated 7th Feb 2011

Do we know when you actually were defaulted ? (have they mentioned default date ?)

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

On my credit record it is feb 2011 but I have a default notice from them dated sept 2006 which is when I entered the dmp