Hello - Claim Form received from Northampton CC Business Centre

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi Helpseeker,

Were there and terms and conditions with the application form? Should be two sets i.e. those relevant when the account was opened and those relevant when the account was closed.

nem

Hi @nemesis45, good to hear from you.

I have just looked through the documents and confirm that they did not send any terms and conditions with the application. Overall, what does that mean?

Regards,
HS.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @nemesis45, good to hear from you.

I have just looked through the documents and confirm that they did not send any terms and conditions with the application. Overall, what does that mean?

Regards,
HS.

Good morning HS,

Sending an application form and statements etc. does not constitute a " reconstituted " agreement so in my opinion the debt remains unenforceable without two sets of terms and conditions.

nem

[charitynjw]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @charitynjw,

Thanks for your reply.
Yes, the cost increase is something else!
Excess to Justice?

I haven't checked online to find out, as it has been nearly a year since the last communication.
It might be best for me to call the Court on Monday and find out?
I would. if it were me.

Regards,
HS.

####

[Diana M]

Re: Hello - Claim Form received from Northampton CC Business Centre

I have just looked through the documents and confirm that they did not send any terms and conditions with the application. Overall, what does that mean?

Without seeing the documents it's impossible to say whether the debt is unenforceable. Sometimes the Ts & Cs form part of the application form (written on the reverse for example).

Why not post up a redacted copy of the application so it's clear exactly what you have been sent.

This claim has been stayed for almost a year. They've had long enough to disclose the documents.

I note that there has been no discussion on the necessary Default Notice. The Claimant didn't mention it in the POC, and unless I'm wrong you didn't take the opportunity to raise it in your Defence (post #42) which is a pity because they need to prove it was served but you've not asked them to. If this was previously a BOS account I would definitely focus on the DN

I also see that in your Defence you didn't refer to your intention to file an Amended Defence (and ask the court to order costs against them for the task) if/when the Claimant did disclose documents which is what they have now done.

This is a £9.6k claim so Restons were never going to go down without a fight. They're hoping that you'll surrender now that they've sent you a big envelope full of paperwork even though it doesn't include the DN (or the NOA?).

If they decide to apply to lift the stay (£255 is peanuts to a law firm chasing £9.5k) then so be it because you can't prevent that - you can only react to any application they make as a result when/if they do.

If they make an application for a Summary Judgment then you can defend that. The SJ will be on the basis of your current Defence having no merit. Since you've not argued the DN in your Defence you can't argue that in response to any application to strike out that Defence. However you can argue that your a Defence does have merit on non compliance with s.78 CCA.

The next step is your choice.

You have the option to file an Amended Defence reflecting their (very) late discloser but you'll need permission from the court to do that unless Restons consent to you filing one (there's a fee to pay for this).

You also have the option to make a Summary Judgment application to strike out their claim as having no merit depending on what that application form looks like. If it's irredeemably unenforceable (i.e. they can't ever come up with a recon) then it's an option to consider. It would have more weight if you could include the DN point but at this stage you can't (because you've not previously introduced that argument).

You can wait to see if they carry out their threat and prepare to contest any application they make which would be transferred to your local county court for hearing (MCOL wouldn't deal with the application).

Or you can call their bluff and write a letter pointing out that they have not complied with s.78 CCA based on the junk they've sent you (if it is junk).

I make no apology for the long post. I simply want you to know that you do have options to fight this claim if they resurrect it, even though you missed some opportunities early on last year.

Did you send a SAR to BOS when you received the claim in December 2015? That could give you the lowdown on the elusive DN and the true history of the account including how it was opened and closed.

Di

PS was there PPI on this account?

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Thank you, Nem.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Thanks charity,
I will post an update once I receive a response from the court.

Regards,
HS.

[Diana M]

Re: Hello - Claim Form received from Northampton CC Business Centre

It might be best for me to call the Court on Monday and find out?

If you say Restons letter was dated 5th January 2017 and it gave you 14 days for a response then it's unlikely they'd make an application before 19th January when their own deadline expires.

Call the court tomorrow if you like, but you may have to hold your breath a little longer than that I'm afraid.

Di

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @Diana M,

Thanks very much for your long response. I appreciate it very much and have broken down the content to respond accordingly.

~~~~~~~~~

Without seeing the documents it's impossible to say whether the debt is unenforceable. Sometimes the Ts & Cs form part of the application form (written on the reverse for example).

Why not post up a redacted copy of the application so it's clear exactly what you have been sent.
As the app form received is a one page copy from what I can see, no t&cs are shown anywhere on it. I will aim to post up a redacted copy a.s.a.p, certainly by Monday night (tomorrow).

This claim has been stayed for almost a year. They've had long enough to disclose the documents.
Exactly that!
I have a question:
If there is no activity on the MCOL account for say 6-12months, does the Court automatically stay a claim?

I note that there has been no discussion on the necessary Default Notice. The Claimant didn't mention it in the POC, and unless I'm wrong you didn't take the opportunity to raise it in your Defence (post #42) which is a pity because they need to prove it was served but you've not asked them to. If this was previously a BOS account I would definitely focus on the DN
At the time of this event, I was guided by members as to how to respond re: what was in the poc. I wouldn't have known to have requested this under my own steam. I will check to see if I enquired/requested the DN in a previous pre-court claim letter.

I also see that in your Defence you didn't refer to your intention to file an Amended Defence (and ask the court to order costs against them for the task) if/when the Claimant did disclose documents which is what they have now done.
I didn't know that I could do this in my case.

This is a £9.6k claim so Restons were never going to go down without a fight. They're hoping that you'll surrender now that they've sent you a big envelope full of paperwork even though it doesn't include the DN (or the NOA?).
Yes, you're exactly right!

If they decide to apply to lift the stay (£255 is peanuts to a law firm chasing £9.5k) then so be it because you can't prevent that - you can only react to any application they make as a result when/if they do.
Yes - indeed.

If they make an application for a Summary Judgment then you can defend that. The SJ will be on the basis of your current Defence having no merit. Since you've not argued the DN in your Defence you can't argue that in response to any application to strike out that Defence. However you can argue that your a Defence does have merit on non compliance with s.78 CCA.
Phew, thats a good thing then, that there is another option. Although it sounds like the SJ is a stronger standpoint for me to use in this case.

The next step is your choice.

You have the option to file an Amended Defence reflecting their (very) late discloser but you'll need permission from the court to do that unless Restons consent to you filing one (there's a fee to pay for this).
Aah, but would Restons give their consent?

You also have the option to make a Summary Judgment application to strike out their claim as having no merit depending on what that application form looks like. If it's irredeemably unenforceable (i.e. they can't ever come up with a recon) then it's an option to consider. It would have more weight if you could include the DN point but at this stage you can't (because you've not previously introduced that argument).
As a lay person with my limited understanding, I wasn't aware of this option prior to completing and filing my defence.

You can wait to see if they carry out their threat and prepare to contest any application they make which would be transferred to your local county court for hearing (MCOL wouldn't deal with the application).

Or you can call their bluff and write a letter pointing out that they have not complied with s.78 CCA based on the junk they've sent you (if it is junk).
But could my telling them that they've missed out with complyng possibly make them do so, and hence make their case against me be stronger?

I make no apology for the long post. I simply want you to know that you do have options to fight this claim if they resurrect it, even though you missed some opportunities early on last year.
Thank you, I appreciate this.

Did you send a SAR to BOS when you received the claim in December 2015? That could give you the lowdown on the elusive DN and the true history of the account including how it was opened and closed.
I can't recall that being mentioned, but I will check.
Although I did send a £1 p/order as a Statutory Account fee and it was applied to the account as a payment event though the accompanying letter stated that it was a fee not a c/c payment.

Di

PS was there PPI on this account?
I don't think so. I will check.

Summary
~~~~~~

I am very grateful for the information above although I am not sure which option to take?

In their cover letter, they state that I have within 14 days to respond to them (they have not given me a benchmark from when the 14 days start.).
For safety's sake maybe I should take it from the date on the letter i.e 5th Jan 2017 (received on the 6th Jan 2017).

1. Which is the strongest defence from me to win my case permanently?

2. Do you know the full cost of either of these options?

Thanks very much again for your response, Di.

Best regards,
HS.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi Di,

I'll be calling the court to find out the latest state-of-play with the claim as it is now.

Regards,
HS.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=87380]Diana M[/MENTION]
Hi [MENTION=55034]nemesis45[/MENTION]

Please note updated information below.

Regards,
HS.


1. SAR
-------

I did not send a SAR to BoS.


2. Default Notice
-------------------

This was not requested to BoS or Sols.


3. County Court
------------------

I called the Court today and they stated that the claim has been stayed since mid-Feb 2016.

There are no further entries on this case from the claimant (Sols).

It was mentioned that I could Strike Out the claim and the cost is £100.00


4. Redacted Application
----------------------------

Please see the attached redacted application.

I am not sure if you will be able to see the details clearly. Please feel free to ask me any questions, etc.

Multiple boxes have been ticked (for anonymity purposes).

There is no ppi on this account.

Regards,
HS.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

How do I make attachments?

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

I worked it out :tinysmile_twink_t2:

Please see attachment.

Regards.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

How do I make attachments?

Hello HS I'll as someone to help you.
[MENTION=49370]Kati[/MENTION] can you help please?

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hello HS I'll as someone to help you.
@Kati can you help please?

nem

Hi Nem,

Thank you. I worked it out shortly afterwards.

[Diana M]

Re: Hello - Claim Form received from Northampton CC Business Centre

I worked it out

Please see attachment.

How bizarre.

Do you recall filling in that application form where it looks like you ticked boxes saying you are Mr, Mrs, Miss and Ms ?

In fact you also ticked both Yes and No to PPI

Di