Court Claim - defence submitted recieved Directions questionaire

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

Sorry crossed posts with Warwick xx That's me taking so damn long to type ! Least we said the same things more or less

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

yes, I was curious about the SB and date of default

It really doesn't matter what date is recorded on the credit file or indeed what date the debt was assigned. I have some that were assigned several years after defaulting.

I am on the train and can not read back, did you ever SAR shop direct, that would have given you the date, if any, that the debt was defaulted.

Certainly worth an argument if you can afford to pay the CCJ off or if a CCJ doesn't really impact you.
[MENTION=6]Amethyst[/MENTION] - sorry 'twas on th strain and lost the signal otherwise we would have seen much the same

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi
twoo things I don't see
1) No statement of account although maybe you just didn't post it. It only needs to be a balance
2) No defaulted terms and conditions but maybe the T&Cs did not change between opening in 2010 and default a year later

Not fully read back, did you ask for the DN, have they sent it? Not even sure if it was in the POC but still relevant

Hi Warwick,

I have a statement of accounts will post up now!

I have uploaded a closer version of T&C's if this helps

Yes I asked for the DN and still have not received this and also sent a Pre Action request with no documents supplied only a response to state that Cohen had notified their client and these would be disclosed as directed by the court

many thanks

Audiocash

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Well this does, unsuprisingly as it's from 2010, look compliant. Have they supplied updated terms ( although as it was less than a year before opening and defaulting I'd expect the terms to have still been the same)

Have they responded to your Part 18 request for copies of DN and NoA ? I see you requested those preaction too? Your defence does mention the DN and NoA but not refer to the Consumer Credit Act in relation to them.

TBH at £571 you might be as well asking for a settlement figure, unless you're in a position to pay it off within a month if it did go to a judgment, and want to hang fire see if they go ahead with a hearing on the off chance they don't....

You MIGHT still have an argument on statute barring if that evidence they have sent you shows last payment was January 2011, as the claim was brought in May 2017. The terms don't give a specific time limit but do say that they may, if you miss a payment by the due date, subject to statutory period - sooooo you missed February's payment - they had the right under the agreement to immediately call in the debt and issue a default notice, so you COULD argue end of March... but it's tight. AND you haven't got it in your defence at all ( which is weird as you'd sent a stat barred letter before the claim was issued I think ) - unless I've missed something - it will mean amending your defence ( so asking for consent then making an application )

You also have the issue that the account was opened by your Ex - but I don't think you wanted to go down that path, or you would have done before now, and it isn't a straightforward defence ( he said / she said / permission / compliance / not having done anything etc )

So, see what anyone else reckons as to how to play it from here, I'm just talking from a common sense/bigger picture perspective really xxx

Thanks Sharon,

No response to my Pre Action request with no documents supplied only a response to state that Cohen had notified their client and these would be disclosed as directed by the court

I think in regards to the Statue barred Lucas had sent a copy of the credit agreement so I did not proceed further on that route! Can a defence be changed if needed too.

I dont remember anything about this account from the time the statement says 14 purchases but when looking at the payment history the last payment was high however payments before seemed to be the minimum

I possibly could pay it off within a month If it went to court and CCJ was awarded.

Is it worth making a proposal to them I have a letter dating 1st novmeber 2016 offering 20% off the balance and then a further letter dated 3/1/2017 offering a 40% discount and then 9th Fed 2017 they transferred it to Lucas and all of this started would it be worth making a proposal offer?

Thank you for your help

Audiocash

- - - Updated - - -

yes, I was curious about the SB and date of default

It really doesn't matter what date is recorded on the credit file or indeed what date the debt was assigned. I have some that were assigned several years after defaulting.

I am on the train and can not read back, did you ever SAR shop direct, that would have given you the date, if any, that the debt was defaulted.

Certainly worth an argument if you can afford to pay the CCJ off or if a CCJ doesn't really impact you.
@Amethyst - sorry 'twas on th strain and lost the signal otherwise we would have seen much the same

Hi Warwick,

No I didn't get a round to sending a SAR do you think it is worth sending off one now?

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi Audiocash
Maybe worth sending a SAR but I'm just trying to work out at what stage you are at. Looks like you have filed your DQ? Have you got a court date yet or indeed directions about WS etc ?Let me have a read back

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

I am a little confused about why you didn't plead SB- you said you received a copy of the agreement from Lucas , I am afraid I don't understand why that makes a difference. I am sure you understand but sorry I don't.

It is getting touch and go about the SAR, maybe you could call shop direct and ask them when the DN was issued - not the date it was registered but the date it was issued. If this was at least 6 years and 18 days before the date of claim then the debt is SB but you would need to ask the claimants solicitor for permission to amend your defence. I am afraid the rest is beyond my knowledge so I will have to leave you in the hands of [MENTION=6]Amethyst[/MENTION] . Maybe [MENTION=5553]charitynjw[/MENTION] can also offer some advice.

I know what I would be doing if it was me at this point but it is not my call.

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

The statement says default date 11/08/11

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

And in the defence ( don't think we have the poc?) it says

b) As claimant has stated the debt was ‘assigned to the claimant
on Friday 12th August 2011’ ....,


So that was a rather quick assignment after default


Ahh yes poc says

The debt was legally assigned to the claimant on 12/Aug/2011 notice of which has been given to the defendant.

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

And in the defence ( don't think we have the poc?) it says

b) As claimant has stated the debt was ‘assigned to the claimant
on Friday 12th August 2011’ ....,




Ahh yes poc says

The debt was legally assigned to the claimant on 12/Aug/2011 notice of which has been given to the defendant.

Just so I understand this does not seem quiet right to me! Shop direct defaulted it on 11/8/2011 and then legally assigned it to the claimant the day after!!

And they still have no supplied a default notice after my request So that was a rather quick assignment after default

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

I am a little confused about why you didn't plead SB- you said you received a copy of the agreement from Lucas , I am afraid I don't understand why that makes a difference. I am sure you understand but sorry I don't.

It is getting touch and go about the SAR, maybe you could call shop direct and ask them when the DN was issued - not the date it was registered but the date it was issued. If this was at least 6 years and 18 days before the date of claim then the debt is SB but you would need to ask the claimants solicitor for permission to amend your defence. I am afraid the rest is beyond my knowledge so I will have to leave you in the hands of @Amethyst . Maybe @charitynjw can also offer some advice.

I know what I would be doing if it was me at this point but it is not my call.

I think it was due to the defunct board I was a member of before! I was thinking that after my SB letter they disproved it with the credit agreement and then went down the route of starting the Pre action then the CPR 18. My last claim I dealt with was based on the claimant never turning up with any of the documentation I had asked for in the pre action and CPR 18 request
[MENTION=51601]Ames[/MENTION]thyst just pointed out that the statement defaulted on the 11/8/2011 and then was assigned as per the particulars of the claim on the 12/8/2011 surely this was a little to quick for this to happen!

[charitynjw]

Re: Court Claim - defence submitted recieved Directions questionaire

@Amethyst just pointed out that the statement defaulted on the 11/8/2011 and then was assigned as per the particulars of the claim on the 12/8/2011 surely this was a little to quick for this to happen!

Not quite.

Ahh yes poc says

The debt was legally assigned to the claimant on 12/Aug/2011 notice of which has been given to the defendant.

But it doesn't state when (date) that notice was given.

If it were me I wouldn't mention this to the Claimant/sols, though.
'Cos if they produce a NoA dated 12/08/2011, they could be in trouble.

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Not quite.



But it doesn't state when (date) that notice was given.

If it were me I wouldn't mention this to the Claimant/sols, though.
'Cos if they produce a NoA dated 12/08/2011, they could be in trouble.

Thanks charitynjw

I checked through all of the paperwork I have from them on this claim and have never received a welcome letter with the assignment etc.

Is it best to wait to see what the direction from the local court is then use the non compliance to my pre action and CPR 18 requests

thanks Audiocash

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Just so I understand this does not seem quiet right to me! Shop direct defaulted it on 11/8/2011 and then legally assigned it to the claimant the day after!!

And they still have no supplied a default notice after my request So that was a rather quick assignment after default

Sorry I missed this

Yes it does happen, default just prior to sale- doesn't mean it's right though or legal.

I had one card that was actually defaulted by CL finance after they had it for a year just prior to them sending me a LBA- just by chance , and it really was by chance, I sent a CCA request in response to that LBA - I didn't know any better at the time. That was in 2012 and not heard anything from them since

Another firm waited 5 years from me entering a DMP to them actually sending a DN - was irrelavant to me as my credit file had more holes in it than an argument from PRA

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Sorry I missed this

Yes it does happen, default just prior to sale- doesn't mean it's right though or legal.

I had one card that was actually defaulted by CL finance after they had it for a year just prior to them sending me a LBA- just by chance , and it really was by chance, I sent a CCA request in response to that LBA - I didn't know any better at the time. That was in 2012 and not heard anything from them since

Another firm waited 5 years from me entering a DMP to them actually sending a DN - was irrelavant to me as my credit file had more holes in it than an argument from PRA

what is really odd is my credit file says the default date is the 10/8/2011 Shop direct are stating it's the 11/8/2011

There admin seems a little off to me!!

[MIKE770]

Re: Court Claim - defence submitted recieved Directions questionaire

you make an on line deposit on say monday and they say you paid tuesday yet they send a e-mail receipt stating Monday date & time, rubbish company that lot!