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

[Roxi]

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

ahh well, it's only one point. just amend as necessary to suit your own case.

I really can't thank you enough. I will be completing my defence online later today.
I'm do grateful to this site, it's a god send!
If the site operates on donations let me know and I will contribute.

I will ill update my thread once I hear something

[Amethyst]

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

Awww, much appreciated, feel free to upgrade to VIP - might be wise now you're in litigation anyway, and we could move your thread then to a bit more of a private area. ( http://www.legalbeagles.info/forums/payments.php )

There's a way to go yet, this is really the first step, but don't worry we'll be with you all the way, just keep us informed as soon as you hear anything from claimant or court xxx

[Roxi]

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

ahh well, it's only one point. just amend as necessary to suit your own case.

Hi amethyst I just want to clarify the below point in the defence you have done for me if that sok?

6: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.

Would it be a good idea to state that the formal request was made to Sainsburys in 2010? The only reason i ask is because the following point says they haven't complied with the CCA request so far. Please forgive me if i'm being dumb, i do not know much about legal wording etc..
Also, what evidence should i send with it?
I'm doing it online so i guess i can scan them in?
Thanks x

[Amethyst]

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

Hi amethyst I just want to clarify the below point in the defence you have done for me if that sok?

6: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.

Would it be a good idea to state that the formal request was made to Sainsburys in 2010? The only reason i ask is because the following point says they haven't complied with the CCA request so far. Please forgive me if i'm being dumb, i do not know much about legal wording etc..
Also, what evidence should i send with it?
I'm doing it online so i guess i can scan them in?
Thanks x

Okay, we could add that by switching around a bit....like.... ??


4: In XXXXXX 2010 the Defendant made a request for information to the original creditor, Sainsbury's bank. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to obtain further information about the terms of the contract.

5: Sainsburys Bank provided an illegible and apparently incomplete 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.

6: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: The Defendant requested a clarification of the terms contained within the agreement from Sainsburys Bank but received no response.

9: On the 15/04/2014 the Defendant made a further 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.

10: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.



??????????????


ie. I asked Sainsburys for the agreement, they sent one I couldn't read, which was no use, so I asked them to clarify, heard nothing then got a claim, so asked them for the CCA, and have had no response at all.

[Roxi]

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

Ok I've put it together
Do i need anything in about additional charges being added while its was in dispute or that they were penalty charges that were being added?

[Roxi]

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

i've put it together but I cant find somewhere to scan and attach the Credit agreement...
sorry for keep asking questions. Just want to make sure i understand it all... x

[EXC]

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

Do you mean MCOL (Money Claim Online) ?

[FlamingParrot]

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

i've put it together but I cant find somewhere to scan and attach the Credit agreement...
sorry for keep asking questions. Just want to make sure i understand it all... x

Do you mean attach the agreement to the defence you are submitting online? If so, you don't need to attach it at this stage. That would come later, should the claimant decide to proceed after receiving your defence. :ranger:

[Roxi]

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

Oh I see, thanks
yes EXC I do mean money claim online

[FlamingParrot]

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

Once you submit your defence, it will be served on the claimant, who then has 28 days to respond to the court and state whether they wish to proceed with the claim. If they don't respond, the case will be stayed and they'll have to apply to lift the stay. If they respond, they may decide to discontinue the claim ray: or to proceed. If they decide to proceed, the court will make a provisional allocation to the small claims track based on the value of the claim, and will send both you and the claimant a directions questionnaire N180. Disclosure of documents will come after that. It's a rather long process! :juge:

[Roxi]

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

Once you submit your defence, it will be served on the claimant, who then has 28 days to respond to the court and state whether they wish to proceed with the claim. If they don't respond, the case will be stayed and they'll have to apply to lift the stay. If they respond, they may decide to discontinue the claim ray: or to proceed. If they decide to proceed, the court will make a provisional allocation to the small claims track based on the value of the claim, and will send both you and the claimant a directions questionnaire N180. Disclosure of documents will come after that. It's a rather long process! :juge:

Ok thanks for that, I hope they choose not to pursue...
could you possibly answer my question from post #65 if you have any time today please?
I'm sending my defence this afternoon. Left till last minute incase CCA and CPR requests come through. Not looking like it now though.

[Amethyst]

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

Ok I've put it together
Do i need anything in about additional charges being added while its was in dispute or that they were penalty charges that were being added?

I would leave that until you have copies of the documentation as that is kind of your back up defence.

[Roxi]

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

I would leave that until you have copies of the documentation as that is kind of your back up defence.

I see ok. Just getting things straight in my own mind.
Thanks x

[FlamingParrot]

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

Ok thanks for that, I hope they choose not to pursue...
could you possibly answer my question from post #65 if you have any time today please?
I'm sending my defence this afternoon. Left till last minute incase CCA and CPR requests come through. Not looking like it now though.

I think Ame has already answered this above. The documents you requested would have been a copy of your credit agreement, the default notice and the notice of assignment. Neither of these would contain information about the amount of charges (although the agreement may have something about how much they would charge, say, for late payment, but that may have been varied later). Did you send a SAR, a Part 18 or ask for statements on the CPR letter?

[Roxi]

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

I think Ame has already answered this above. The documents you requested would have been a copy of your credit agreement, the default notice and the notice of assignment. Neither of these would contain information about the amount of charges (although the agreement may have something about how much they would charge, say, for late payment, but that may have been varied later). Did you send a SAR, a Part 18 or ask for statements on the CPR letter?

i sent the standard CPR and CCA letter and I spoke with Sainsburys who have sent me my statements. I said was going to sar them and he said they'd send out the paperwork anyway but nothing came except the statements...