**DISCONTINUED**. court claim for credit card that was in dispute

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

The illegible copy was sent when I claimed the debt was statue barred.
i have only just sent CCA and CPR request letters due to the hol.
I think you are right about terms and conditions only being sent after with card as I did have a separate sheet with them on.
Amethyst mentioned that if both parties agree a further extension can be agreed, is this not the case then?

Yes, under CPPR 15.5 the parties can agree an extension of up to 28 days, you need to ring and/or email them and ask them. :cell: :typing:

I am concerned now as they will clearly not respond to the CCA and CPR request in time as it gives them 7 days and my defence date is a 23rd July. If this is an argument I can use what should I put in the defence?
Can I now only rely on my original argument of the account being made up of penalty charges and was in dispute at the time it was passed on to DC?
or can I put non-compliance to CCA and CPR request even though they aren't out of the deadline period?

I would try asking for an extension first. Get them to put their agreement in an email and forward it to the court. :thumb:

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Yes, under CPPR 15.5 the parties can agree an extension of up to 28 days, you need to ring and/or email them and ask them. :cell: :typing:
I would try asking for an extension first. Get them to put their agreement in an email and forward it to the court. :thumb:

I have already called to ask and they have refused in the grounds t hat they are following court protocol and can not extend. I am going to email them to request one again one the basis that I am waiting for a response to my CCA and CPR requests but they will probably refuse again...

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ive just realised that ive sent the cca request and cpr request to the claimant and not the solicitors. does this make a difference, time wise?

They should communicate with each other, in theory at least.

I have already called to ask and they have refused in the grounds t hat they are following court protocol and can not extend. I am going to email them to request one again one the basis that I am waiting for a response to my CCA and CPR requests but they will probably refuse again...

OK, do let us know what they say.

As they have sent you an illegible document, I was wondering whether you've seen this: http://www.legalbeagles.info/forums/...148#post452148

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

They should communicate with each other, in theory at least.

OK, do let us know what they say.

As they have sent you an illegible document, I was wondering whether you've seen this: http://www.legalbeagles.info/forums/...148#post452148

I will look at the above link thanks.
I have spoken with Restons and they are refusing to extend the date for defence as they believe the CPR and CCA information has no bearing on my defence. I have asked for this in writing. They are being very uncooperative.

In the mean time i have been on to the guy handling my FOS complaint at Sainsbury's and he is sending me a copy of the original credit agreement hopefully before the defence date.

What should i do now?
Can i say in the defence that i have no proof they own the debt until i receive the CCA & CPR paperwork back from them?
Or do i just stick to my original argument that it is made up my penalty charges?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

[RIGHT]
i think it was in store.
what do you mean by prescribed terms?
The problem is that I have sent the CPR request and CCA to late to receive them back before the date my defence had to be submitted. I requested an extension as I was away for two weeks and didn't have time to do anything about it before I went. They says they can't extend past the 28 days. So I'm wondering what I can put on my defence form if I don't have any information back off them.

Well I received a copy if my original credit agreement from Sainsburys themselves and it's exactly the same as the one I've posted. None of the small print is legible and I only received the one sheet.
im panicking a bit now as I really need get my defence filled out by tomorrow night and I've no idea what to put.
the only contact I've had from Cabot is demand letters then a solicitors letter threatening court action and the unreadable credit agreement and statements from the last 6 years showing penalty charges being applied and preventing me from getting into my agreed credit limit.
The CCA and CPR requests were sent late due to being on hol so can I use this in my defence still? Do I explain in my defence that I requested an extension because of this and it was refused?
Any guidance is appreciated, 😊

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Okay don't worry. I'll sort out a draft for you to work from xxxx

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Okay don't worry. I'll sort out a draft for you to work from xxxx

You are too kind Anethyst thank you ��
i have gotten confused as there seems to be a few arguments to use now.
I believe Flaming parrots might be right about the credit agreement but not sure how it fits in to my defence.
i appreciate your time and thanks for replying on a Sunday, x

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

just working on stuff, but these bits need sorting out, date wise, I'll add in FCA regs and whatnot, but basically that you tried to sort it out while in Financial difficulty and they blanked you.




It is believed the Defendant had a dispute on the account relating to account interest and charges being applied to the account during a period of Financial Difficulty the Defendant was making affordable payments on the account by arrangement with Sainsbury's Bank which stopped (at Sainsbury's Banks bequest) in XXXXX 2007.

The Defendant continued communication with Sainsbury's Bank and made an offer to pay the account at an affordable amount due to financial hardship in XXXX 2007. Despite sending three letters by recorded delivery stating this the Defendant received no response from Sainsbury's Bank. ( would be useful if those letters were all before June 2008 !!!)

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

WORK IN PROGRESS DON'T USE !!!! I HAVE TO GO COOK TEA BUT WILL GET BACK ON IT LATER _ VERY VERY ROUGH STARTING NOTES - IF ANYONE DOES HAVE MORE INPUT PARTICULARLY ON THE ILLEGIBILITY ISSUE IT WOULD BE USEFUL THOUGH WONDER IF WE SHOULD QUOTE HILLESDEN v MOORE a bit.... will look later on properly xxxxxxx

1: It is admitted that the Defendant has, in the past, entered into agreements with Sainbury's Bank. The Defendant believes this claim relates to a credit card held with Sainsbury's between 2003 and 2006.

2: The Defendant belives this is an account that was in dispute with the creditors due to account interest and charges being applied to the account during a period of Financial Difficulty the Defendant was making affordable payments on the account by arrangement with Sainsbury's Bank which stopped (at Sainsbury's Banks behest) in XXXXX 2007.

3: The Defendant continued communication with Sainsbury's Bank and made an offer to pay the account at an affordable amount due to financial hardship in XXXX 2007. The Defendant did not receive a response to two letters sent in 2007 regarding the dispute or the offer of affordable payments. No resolution was reached regarding the dispute on the account.

5: On the 15/04/2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

6: The Claimant has provided an illegible document {EXHIBIT A} in response. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed. The copy document that has been disclosed is illegible contrary to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and the Defendant is unable to assess the agreement and original terms to form her defence as to the charges and interest applied to the account.

7:The Defendant also contends that the document supplied to her in response to the formal request under s.78 Consumer Credit Act is incomplete and does not contain all the terms applicable at the inception of the account.

8:Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

9:For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

10: Accordingly, the Defendant avers that

a) The Claimant has not complied with s78 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

b) Therefore, the Claimants Claim should be dismissed.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

SIGNED

DATED

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

The letter I have responding to my original letter pitting account into dispute is dated 21st May 2008.
unfortunately I don't have the letter I sent, only the final one I sent in May 2009 when I still hadn't heard from them.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Bummer.... never mind, any chance you can post that one up for me ?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

WORK IN PROGRESS DON'T USE !!!! I HAVE TO GO COOK TEA BUT WILL GET BACK ON IT LATER _ VERY VERY ROUGH STARTING NOTES - IF ANYONE DOES HAVE MORE INPUT PARTICULARLY ON THE ILLEGIBILITY ISSUE IT WOULD BE USEFUL THOUGH WONDER IF WE SHOULD QUOTE HILLESDEN v MOORE a bit.... will look later on properly xxxxxxx





Signed …………………………………………
Dated

wow. You are amazing!
And all on an empty stomach!
I can't thank you enough.
I'll leave you in peace. THANK YOU!

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Bummer.... never mind, any chance you can post that one up for me ?

Will do.
i will ask Sainsburys tomorrow if they can provide it too, you never know...

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

WORK IN PROGRESS DON'T USE !!!! I HAVE TO GO COOK TEA BUT WILL GET BACK ON IT LATER _ VERY VERY ROUGH STARTING NOTES - IF ANYONE DOES HAVE MORE INPUT PARTICULARLY ON THE ILLEGIBILITY ISSUE IT WOULD BE USEFUL THOUGH WONDER IF WE SHOULD QUOTE HILLESDEN v MOORE a bit.... will look later on properly xxxxxxx





Signed …………………………………………
Dated

I am attaching two letters responding to my dispute letter, the first (the short letter) was received 29/04/08, the second 21/05/08.
I have also attached a copy of the agreement i have received from Sainsburys. The terms and conditions were sent out separately. I have a copy unsigned which I received in response to a CCA request I made back in 2011. I have attached the response letter as it seemed a strange response now I have been told about the possibility of the agreement being wrong.
With regards to the point you make above about not receiving a deed of assignment, I have found a letter which i received in feb 2011 which does say 'Under the terms of this assigment'. Is this an Assigment?? (attached also)

Hope this helps

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hiya, I'll get back on this in the morning Roxi, had to go pick up daughter and kids bedtime now xxx Thanks for posting up the letters, very useful, will remve assignment bit Sharon xx