Urgent Help needed

[tycam49]

Re: Urgent Help needed

Hi Rob,

The default notice is for the current account as the overdraft does not have an agreement I think? I'm getting confused now.

[tycam49]

Re: Urgent Help needed


The notice is identical to this one.

[nemesis45]

Re: Urgent Help needed

The notice is identical to this one.

Ok.

When was the account opened?

nem

[tycam49]

Re: Urgent Help needed

In 2001.

[nemesis45]

Re: Urgent Help needed

In 2001.

OD's did not I believe become partly regulated by the CCA until 2011.
I'm sure someone will correct me if I'm wrong.

nem

[tycam49]

Re: Urgent Help needed

Ok so what does that mean? also the od was not taken until way after the account was open.

I have also found a case online relating to this matter not sure if mine is similar?

http://www.qualitysolicitors.com/how...olio-of-errors

[tycam49]

Re: Urgent Help needed

Also when doing the set aside draft does the sentence '1. The Claimant do pay the Defendant's costs of this application to the sum of £255' apply in small claims?

[tycam49]

Re: Urgent Help needed

Hi can someone give me an honest opinion on my draft defence?

Many thanks



IN THE UXBRIDGE COUNTY COURT
CLAIM No: B6AL317K

BETWEEN:


TYCAM49
And

Hoist Portfolio




__________________________________________________ ______
Draft Defence
__________________________________________________ ______



1. It is admitted that the Defendant entered into an agreement with ABBEY NATIONAL in March 2001.

2. It is denied that the Defendant owes the Claimants £2043.45 as stated in their particulars of claim.

3. The default notice relied upon in the Claimant’s evidence fails to comply with the requirements of the Consumer Credit (Enforcement, Default & Termination Notices) Regulations 1983. The contents of a default notice are clearly prescribed by s82 Consumer Credit Act 1974 and by schedule 2 of the Regulations. The default notice fails to comply with 8 out of the 11 requirements of the Consumer Credit (Enforcement, Default & Termination Notices) Regulations. As per High Court case Harrison v Link Financial if a default notice is not compliant the proceedings should fail.

4. A number of unfair charges have been added to the account therefore, I would like the ask the Court to assess the charges for fairness in the same way that the Court did in the case of Oliver Foster-Burnell v Lloyds TSB Bank Plc.

5. On February 2^nd the court made an order for the claimant to contact myself by the 20^th April to resolve the case. The claimant sent a letter dated March 11^th to my former address although they were previously notified in writing that my address had changed, to add to that there is evidence on my credit record that proves the claimant had knowledge of my new address from the date of 31/12/2014.
















I believe the facts stated in this Defence are true.


Signed __________________________

Dated: ____________________________

[tycam49]

Re: Urgent Help needed

upping..

[tycam49]

Re: Urgent Help needed

Any help would be appreciated.

[R0b]

Re: Urgent Help needed

It seems a bit light on the defence, could you perhaps expand on the 8 out of 11 requirements which they have failed to comply with?

I would suggest amend 5. as follows

5. On February 2^nd 2016 the court made an order for the Claimant to contact the Defendant by the 20^th April 2016 to resolve the case. The Claimant sent a letter dated March 11^th 2016 to the Defendant's previous address despite knowing that the Defendant no longer resided at that property. The Claimant subsequently obtained judgement against the Defendant without his knowledge and the Claimant was explicitly aware that the Defendant had moved address since 31 December 2014.

@Nemesis45 for thoughts

[tycam49]

Re: Urgent Help needed

Thanks Rob will change number 5.

[R0b]

Re: Urgent Help needed

You will also need to change 4. too and replace "I" with Defendant - a defence should be in third person e.g. the Claimant and Defendant

[nemesis45]

Re: Urgent Help needed

It seems a bit light on the defence, could you perhaps expand on the 8 out of 11 requirements which they have failed to comply with?

I would suggest amend 5. as follows

5. On February 2^nd 2016 the court made an order for the Claimant to contact the Defendant by the 20^th April 2016 to resolve the case. The Claimant sent a letter dated March 11^th 2016 to the Defendant's previous address despite knowing that the Defendant no longer resided at that property. The Claimant subsequently obtained judgement against the Defendant without his knowledge and the Claimant was explicitly aware that the Defendant had moved address since 31 December 2014.

@Nemesis45 for thoughts

Spot on Rob!!

nem

[tycam49]

Re: Urgent Help needed

Thank you both for your help. I will amend it as suggested. @nemesis45 @R0b