**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

mmm might have been you went into DMP before you were actually defaulted (ie after you got the default notice you went into an arrangement then they defaulted you after you'd quit the DMP )

[lowlowlola]

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

I was still on the dmp when they defaulted me and carried on for a further year

[Amethyst]

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

Actually - the default notice is dated 7th Feb 2011 and it says it gives you 28 days..... so possibly something there if your file was marked as default less than 28 days later (which it must have been if marked as DEFAULT in Feb 2011)

[lowlowlola]

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

Ohh I'll check

i am so worried I can't afford to have a ccj on my record and can't afford to pay!

[Amethyst]

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

Okay quite a few oddments, maybe working through a defence logically will help get all the facts together and we can review the situation once we've done that and see if it carries any weight before making any decisions on next steps ....

[lowlowlola]

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

Default date 16/2/2011

[Amethyst]

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

Default date 16/2/2011

Perfect Let me see if [MENTION=5354]mystery1[/MENTION] M1 and [MENTION=551]pt2537[/MENTION] can pop in tomorrow to have a look at these documents then - don't worry - there's stacks of holes in their case xxxx

[lowlowlola]

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

Xxxx thanks so much night night

[Amethyst]

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

night xxxxxxxxxx

[lowlowlola]

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

Hi All

just starting the ball rolling and trying to get my head around this as time is tight:

I have a couple of questions to start with:


the reconstituted original credit agreement (this was handily marked current by DFand me)

under the prescribed terms there must be:

* amount of credit – this is missing from the agreement as it is a CC does that matter as it states in section 8 that they will The bank will determine and notify the Principal Cardholder of the Credit limit from time to time.

* credit limit – no credit limit is stated on the agreement
* repayments – this is on the agreement
* rate of interest – this is on but is based on a balance of £1000 The following APRs are calculated on the basis of a Credit Limit of £1 ,000.00. In calculating theAPR, no account has been taken of any change in the rate of interest or Cash Advance handing
Charge or annual charge which the Bank has power to vary at any time. The APR is 19.9% for all
transactions except Cash Advances for which the APR is 21.8%.
(iv) If the bank has cause to communicate with the Principal Cardholder


the card was an affiliated union card - there is no mention at all in the terms - does this matter should i add it in, the particulars of the claim are so vauge could this be added in??

from recollection it was definitely a 0% offer - cant prove it though - does this matter?

The default notice

they have not supplied a default notice but a sample and evidence that one was issued on 7th Feb 2011 the default was registered on credit file as 16 feb 2011 does that matter? also in the original terms it states that Irrespective of Condition 11 (i) the Bank may terminate this Agreement by giving not less that 30 days
written notice to the Principal Cardholder. On termination by the Bank the Principal Cardholder willremain liable for aU Card and Cheques Transactions before or after termination, together with allinterest and charges payable thereon, does that make any difference

adding interest and charges whilst in hardship
they have only given statements from 2008 but it shows charges of £12 and interest of £200 each month whilst in a DMP . not sure i should pick this point up and state how much i actually paid whilst in the DMP (have asked CCCS for final figure.)


should i be asking in my defence for the orginal signed agreement and reserve the right to amend my defence when supplied?

also it is worth noting that I have no assessts (apart from the cat!)and don't own my own home - not sure if this makes any difference

thanks so much for all your help

[mystery1]

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

Bit short of time at the moment but i noted that you had current and original terms mixed up. The 2004 regs Amethyst pointed out are the current terms and also has LLyods on it where as the others don't.

M1

[lowlowlola]

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

Thanks m1

yes df kindly did that to confuse me but the questions in my post refer to the ORIGINAL reconstitued agreement ( which df marked current)

sorry for the confusion

[lowlowlola]

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

posting the t and c's again with correct titles

could i add thier mis naming to my defence?? lol

thanks M1 - i really do appreciate all your help

[Amethyst]

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

Okay, I know this is just under £10k but there could be the possibility of getting in fast track due to complexity of issues (pre 2007 / dodgy default / no signed agreement) - You know what the main issues are with it, and I know Paul is really busy but it might be worth seeing if he might be able to take it on as they aren't simple arguments for a LIP to bring successfully. http://www.qualitysolicitors.com/how...le/paul-tilley Worth a quick chat with him regardless of if he can take it on really anyway.

[lowlowlola]

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

Thanks amethyst .. Would there be huge costs ?