Notice of proposed allocation to the small claims track

[Amethyst]

Defence looks absolutely fine to me You can back up your argument re Statute Barred in your witness statement when you get to that point, they have to sort out paying the hearing fee before that so I'd probably wait and see if they do that first, then if they do, sort out your witness statement. You only haven't included CCA 1974 s 78 in the defence - did you actually send a cca request though ? They will have to argue that a default notice doesn't apply and that statute barred cause of action starts at date of default/termination .... tricky when there is no default and the statement they have supplied clearly states debt written off. They are also failing on assignment from Welcome to MKDP.

You do seem to have a bit of time so a SAR to Welcome ( sorry not sure where their documents are kept now ) might help if it comes back by the time you do your witness statement, or even before the hearing. That should show up the write off/termination/default before the natural end date of the agreement too if you need to counter them.

[Amethyst]

lol, I should really stop writing at the same time as Di and refresh my screen more often !

[Speersy]

Hi Di,

Paticulars of the claim are:
the Claim is for the sun of £4831.31 in respect to monies owing under an agreement with the account noXXXXXX pursuant to the Consumer Credit Act 1975 (CCA)
The debt was legally assigned by MKDP LLP (Ex Welcome Finance Limited) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to s.87 CCA.
The Claimant claims
1. The sum of £4831.31
2 Costs

because in the claim MKDP had in brackets Ex Welcome Finance Limited I thought that they were now under a different name and as a lot of people know welcome finance I put that name as I thought it was the same?

Yes well spotted that was a typo on my part with the 2 number 7's. No I did not send a s77-79 to hoist to be honest that's the first I've heard of it, I will look into this now and get it sent asap

sorry what is a SAR?

Have you got any recommendations on who to get in contact with for legal representation?

Thanks

[Amethyst]

SAR & CCA letters

CCA Request



Subject Access Request Letter

[Speersy]

seems I should refresh the page to! I missed your post.

No I didn't send a CCA request, I was unsing information from different sources and didn't see a mention of these requests and then it all went quiet from the courts and solicitor.

Thanks for posting the links to the SAR and CCA letters. What is it i'm actually requesting in both of these? I see that the SAR template mentions the credit agreement so I'm guessing I need to edit that out?

Thanks both for your input it is appreciated.

[Diana M]

Hi Di,

Paticulars of the claim are:
the Claim is for the sun of £4831.31 in respect to monies owing under an agreement with the account noXXXXXX pursuant to the Consumer Credit Act 1975 (CCA)
The debt was legally assigned by MKDP LLP (Ex Welcome Finance Limited) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to s.87 CCA.
The Claimant claims
1. The sum of £4831.31
2 Costs

Yes well spotted that was a typo on my part with the 2 number 7's. No I did not send a s77-79 to hoist to be honest that's the first I've heard of it, I will look into this now and get it sent asap


Have you got any recommendations on who to get in contact with for legal representation?

Thank you for the Particulars of Claim.

My firm makes Part 18 Questions when the POC are not clear. If they don't/can't/won't answer our questions within the timeframe allowed, we then move to make an Application to force disclosure or the claim be struck out etc.

Different lawyers litigate in different ways - we like to be proactive. It works

I wouldn't wait until they pay the Hearing fee (or not) to make your decision as to what must be done next. It's been known for Claimants to get away with late payment so I wouldn't rely on that as an indication of anything.

You may need to file and serve an Amended Defence to plead your new legal arguments, you cannot add them into the proceedings via the Witness Statement.

Non compliance with a s77-79 CCA Request could become your major legal argument.

I spotted your typo because I'm trained to look at every detail in case there's a hidden opportunity. Defending court claims is not only about knowing the law, it's about knowing how to apply that law (and tactics).

Di

[warwick65]

Hi there

So just read this thread and see two assignment issues that could be argued and a further legal argument.

I really would at least take some free initial advice from a firm of solicitors. You can contact Di's firm via the email in her signature (I see she has been helping on the thread)

An initial chat will cost nothing but some time and could save you a fortune

[Speersy]

Thanks Warwick, I've emailed Di on the email in her signature hopefully get this sorted after speaking to her. Thanks

[julies]

Hi Speersy

What was the outcome of this case? Have you won?