Akiv Kapital Portfolio AS V Zaggacom

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

I wouldn't have written off £155 like that. I'd have pressed on.


Anyhow, if the copy supplied is not "easily legible" then it cannot be enforced

HFO CAPITAL V ROBINSON JUDGEMENT (1).pdf

Were there original and up to date terms and conditions ?

The particulars of claim give no cause of action. If the cause is a breach of contract they do not plead that a default notice has been served. If it's a contractual termination they do not say.

I can't read the images so if you say there are missing prescribed terms then that is a big thing which cannot be recovered.

Did you get a s86c notice ? http://www.legislation.gov.uk/ukpga/1974/39/section/86C

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

The agreement doesent say what the credit limit is, or interest rate, and it is difficult to read all the terms and conditions, i would say it is illegible, not sure what the s86c notice is, I did receive a default notice i think, should i check it is valid, as the case you quoted HFO v Robinson the judge in that case said the default notice was incorrect, however, my lot are saying the default notice doesent have to be mentioned, but surely if i defend the case they will have to produce the default notice?

with regard the the up to date t&c's , they sent the original application form ad a blank one which i have scanned in to another post, so i assume it is the up to dae one which is the blank one, but there is no date on it, and it is illegible anyway.

regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Credit limit. What does it say ?

http://www.scotcourts.gov.uk/search-...0-ff0000d74aa7

Post the default notice up.

86c is a requirement to produce a Notice of sums in arrears under running-account credit agreements

The 2 docs http://www.legalbeagles.info/forums/...350#post438350 are both original terms.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

They have sent the original application and the reconstituted terms and cons, which you can read, with regard to the credit limit, All it says in the reconstituted t&c s is" we will inform you of the credit limit from time to time and notify you of this"

I shall look for the DN later, Thanks

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Now that i have cancelled the aplication hearing, what will happen now, as i have not had any notification about submitting a defence, is it up to th claimant to get things moving again, and give me a defence date, and will the case move back to the northampton claim to be put back on the small claims track?

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

In this case in scotland, the guy lost the case and the bank won, the judge decided that " we will notify you of the credit limit from time to time" was legal and within the rules of the cca

regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Now that i have cancelled the aplication hearing, what will happen now, as i have not had any notification about submitting a defence, is it up to th claimant to get things moving again, and give me a defence date, and will the case move back to the northampton claim to be put back on the small claims track?

Well i'd ask the claimant for a written agreement http://www.justice.gov.uk/courts/pro...es/part02#2.11 for the period for filing a defence.

In any event you need to be quick. I don't think it'll go back to Northampton but yes it will need allocating to small claims.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Is there any scope for putting a defence in on the basis of the application from they have sent and the reconstituted t&C,s that is what i need to know, otherwise there is no point asking for time to put together a defence if i dont have one, I am worried now and dont know what to do.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Well you said they are not easily legible, so absolutely.

It's hard to run a defence on documents that you can't really read and then explain technical cca points as that means you can read it.

Did you get the default notice ?

M1

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Oops. Robinson is not the case i meant to refer you too, still worth reading though.

Try http://legalbeagles.info/wp-content/...Bachellier.pdf

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Hi Here is the default notice, does it look legally binding?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

http://www.legislation.gov.uk/uksi/1.../contents/made

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section 88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain—


(a)a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;
(b)the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and
(c)statements in the form specified in paragraphs 4, 5, 7 and 9 to 11 of that Schedule.



(4) The lettering in any notice given under paragraph (1), (2) or (3) above shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.


(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement—


(a)the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and
(b)where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.
(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words “the creditor” may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.



Your default notice.

Required information

1. It's got the account number. Tick
2. It's got your name and address and theirs. Tick
3. Para 8, pay by 12/2/10, remedy = pay. Tick (of course that depends on para 8 being correct)
6. It has this info. Tick
8. Ditto. Tick



Required statements.

4. Tick.
5. Tick.
9. Tick.
10. Tick.
11. Tick.




The upshot is, i think, that the prescribed information is there. However para 8 needs checking because it may be wrong. Check your agreement and see what para 8, if it's present, says. If it's not there, or incorrect, then either the specified info required is wrong on the default notice, i.e. it's bad, or the copy of the agreement is bad.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Thanks, I have scanned in paragraph 8 from the t&C's they have sent. How do i check if it is correct?

Also in the case you provided http://legalbeagles.info/wp-content/...Bachellier.pdf that case was successful because the credit agreement provided was deemed illegible and also because the claimant had not provided all the changes made to the t&cs as the defendant pointed out that in the original t&cs late payment charges were £10 but on the statements there was a late payment charge of £15 and so the judge decided that all the information had not been provided.

This is the same on my case, the t&c's say a late payment charge is £20.00 however in two of the statements they have provided from 2007, the late payment charge added is £12.00, and not £20.00 , so could my defence be, illegible copy of application form provided and also that they have not provided a copy of all the changes to the t&C's?

regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Well that's not right is it. That para 8 doesn't ask you to do anything so you can't be in breach of it. This means either the default notice does not specify information that it must and is bad or the cca copy is wrong and enforcement cannot happen.

Are the figures on the default notice correct ?

M1

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

As for charges these can change. However your request should yield the original terms and the up to date ones or s78 request is unfulfilled.

M1