**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

hmm so DN was Feb 2011.... here's some terms for a Halifax mint card from 2011 - which 2.2 would fit with http://i130.photobucket.com/albums/p...66halifax1.jpg

What kind of card was yours, do you recall?

[Amethyst]

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

Think thats enough though to draw doubt that they actually are the terms for your account or at very least that that default notice was correct...

[lowlowlola]

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

Hi amethyst

Sorry been out ..thanks so much for your replies. So the card was a card affiliated to an organisation and only open to members , you had to put your membership number on the application form , it also had the 0% offer . I had the brain wave this weekend to contact them to see if they had any promotional material from the time .. Worth a shot

also on the default notice that I originally got in feb 2006 refers to a different clause ! I could scan if that helps ??

i will be off line for a few days due to travel for work but will try and check in as often as possible

thanks so much

lllx

[Amethyst]

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

You'd expect who the card was affiliated with to be mentioned somewhere on the agreement or terms really wouldn't you.

Okay tmw should be quieter round here so will try put something defence wise together to at the very least give you a bloody decent negotiating point if it comes to that.

[lowlowlola]

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

Thank you , thank you !!!!

I really don't want to add to your workload, if you point me in the right direction I could have a stab??? Does the 2006 default help ??

[Amethyst]

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

Have you got a copy of your actual original default notice then?

If so yes a scan would be lovely.

[lowlowlola]

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

Sorry I got mixed up the 2006 df notice says clause 2:2 the 2011 notice I have on file says clause 2:1 . Both are attached .. Sorry they are pics hope you can see them

[lowlowlola]

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

Sorry not working .. Give me a min

[lowlowlola]

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

Attached 2006 and 2011 df that I have on file

[Amethyst]

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

How do the dates compare to the 'template' default notice they sent you?

In my mind that pretty much proves the terms they sent you are not the correct ones as clause 2.2 in both 1999 (2 ii) and 'current' would not match up at all with the DN's.

That is much better than having just their template DN evidencing it.... I wonder if we just say the DN doesn't match up with the terms so the terms are not correct..... they might come back and argue the DN template's the wrong one, rather than admit the terms are wrong.... but then you'd have to disclose the original DN's... but that's fine, dodgy agreement is stronger than dodgy DN.

I reckon that gives you the defence really of I DID NOT SIGN THOSE TERMS - which sticks section 61 up as defence which they don't seem, yet, to be able to comply with.

[lowlowlola]

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

The template states the 2.2 clause which is wrong but the 7th feb 2011 date is correct ALTHOUGH my credit files register it as 16 feb 2011... My copy refers to 2:1 which is Wrong on the orginAl terms but RIGHt for the current ones ( does that make sense )

The long and short of it is their paper work is holy ( not in the good way lol)

[Amethyst]

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

ahh yes with you now.

So its more likely the DN template is wrong rather than the terms.

[lowlowlola]

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

Yes but the original df notice in 2006 refers to 2:2 which does not refer to the original terms they sent. Also the orginAl terms do not refer to the affliated card and 0% so I feel they are still wrong . Think my record keeping may have burst my bubble

[Amethyst]

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

lol, think we're just confusing things.


Actual Default Notice 2006 - refers to 2.2

Actual Default Notice 2011 - refers to 2.1


Template Default Notice (purported to be the one sent in 2011) - refers to 2.2


In CURRENT terms clause 2.1 refers to minimum payments etc and would be correct

clause 2.2 refers to how payments are allocated so DN mentioning 2.2 are wrong.


So just thinking something like this..... (obv needs some legal stuff on section 87 adding just trying to ensure we have the difficulties set out)


The Claimant has supplied a template of the Default Notice they state was sent to the Defendant on 7th February 2011.

The Claimant also supplied a reconstructed copy of the terms which were allegedly in force at the time of the alleged Default.

The Default Notice refers the Defendant to Clause 2.2 of the Terms and Conditions, as ' contain details of the minimum payment you must make each month' However Clause 2.2 of the Terms provided by the Claimant does not relate to 'minimum payment' instead refers to the order that a payment is applied to different transactions and related interest rates.

The Defendant thus contends the reconstructed Terms and Conditions are not a true copy of the Terms and Conditions applicable to the account, in the alternative the Defendant contends that the Default Notice template supplied in inaccurate and not a true example of what would have been sent.

[lowlowlola]

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

Lol sorry for confusing you !!

That s amazing and absolutely right !

Xxx