Notice of Hearing of Application

[warwick65]

I know it will potentially cost money but it may be worth discussing your options with a solicitor - some do free initial advice.

I believe Diana M and her firm are very keen on the licensing issue and Cabot uk are unlicensed .

As already said, Restons may well not agree to you amending your defence but asking them is part of the process really and helps protect you from unreasonable conduct claims


EDIT: Diana M beat me to it
Terrier75 if you so wish, Di and her firm can be contacted via the signature in her email (other legal firms are available)

[Diana M]

If you did not send the formal S77 request off with the £1 fee, I would get that done now - sent by royal mail signed for

I agree with that.

The SJ Hearing isnt listed until May which may give the OP the opportunity to use non compliance with section 77 CCA as a Defence.

The CCA Request goes to Cabot with a copy to Restons solicitors.

Di

[Diana M]

What's the situation regarding notice of assignment? Does this have to from the original creditor or is notice from the claimant sufficient?

You need to send a Subject Access Request to Tesco Finance asap. This will give you the full history of the account and enable you to establish whether the documents they’ve produced so far are valid. The Transaction Log will be useful.

What year did you open the Tesco loan? Was it before or after April 2007?

How did you open it (online, in store, over the phone etc)?

When would the loan have expired if it had run the agreed term?

Was there any PPI involved?

When did you make your last payment?

Di

[Diana M]

I know it will potentially cost money but it may be worth discussing your options with a solicitor - some do free initial advice.

I believe Diana M and her firm are very keen on the licensing issue and Cabot uk are unlicensed .

EDIT: Diana M beat me to it
Terrier75 if you so wish, Di and her firm can be contacted via the signature in her email

^ ^ ^ perhaps you meant contacted via the email in my signature not the other way round

Di

[Diana M]

My defence was "The defendant has never entered into a contract of any kind with the claimant. The defendant therefore refutes the claimant’s claim for payment of an overdue balance on the particulars provided in this claim or on any other claim submitted by the claimant."

. . . The claimant says my defence is irrelevant and should be struck out.

I assume I have to attend court - should I write a witness statement? Do I have any hope?

Being served with a Summary Judgment Application can be daunting. I assume they’ve also filed/served a lengthy Witness Statement with numerous Exhibits.

Now it’s your turn

Can you type out the Particulars of Claim removing anything which could identify you.

Yes you will will need to attend the court Hearing and there is always hope or an exit strategy if needed, but you have time to discover and then consider your options. There’s no need to feel panicked.

Di

[Terrier75]

They have provided the agreement to you, and the notice of assignment, default notice and statement of account ?


Is that what they intend to claim as costs?

Sending a CCA request now would solely be in the hope they don't comply in time for the hearing - you know they have the agreement as they have already sent it to you. I'd still send one though if you haven't as it might help, you never know.

Have you checked that the agreement you have received is all compliant & complete ?
What date was the loan taken out originally ?
How much approx is the actual debt ?
Does the default notice give a clear 14 days to pay up arrears ?
Any PPI on the loan ?

You will be asked whether you had the loan.

You need to get the documents looked at and consider whether you still have a case to argue - if you do you will need to amend the defence - you could then make an application to amend to be heard at the same time as a SJ hearing - OR whether you would be better off coming to an out of court agreement to settle - either by installment under a consent order/tomlin order or settle in full & final - to avoid a CCJ and potentially those additional costs. That they have taken a year of the claim being on stay to provide the documents and apply to lift the stay should be argued against regarding the costs too. - would the debt have gone statute barred maybe had they waited until they had the documents to make the claim ?

There is an issue with Cabot's FCA licencing arrangements but it would need to go into your defence and wouldn't be a standalone defence.

I haven't had the agreement checked by an expert
The loan was taken out in 2009
The debt is approx £3000
The default notice gives 21 days to pay
I never looked into a PPI claim

* I have checked the statement they sent and the final figure does not match what they claim is outstanding - it looks like they do not have up to date statements? Any room for manoeuvre here? *

I'm happy to have the documents checked independently

[Terrier75]

You need to send a Subject Access Request to Tesco Finance asap. This will give you the full history of the account and enable you to establish whether the documents they’ve produced so far are valid. The Transaction Log will be useful.

What year did you open the Tesco loan? Was it before or after April 2007?

How did you open it (online, in store, over the phone etc)?

When would the loan have expired if it had run the agreed term?

Was there any PPI involved?

When did you make your last payment?

Di

Some of these answered above, but

Opened in 2009
Pretty sure it was online
The loan was for 60 months so would have expired in 2014
PPI I never investigated
Last payment in the statement they sent was August 2013, however I have evidence of payments till September 2014

Is the particulars of claim the order the claimants asking the court to make? If so:

An ex-parter Order to:
1. Lift the stay on these proceedings; and
2. Strike out the Defence pursuant to CPR 3.4(2) of the Civil Procedure Rules on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the court process; and
3. Enter Judgement for the sum of £XXXX

[jaguarsuk]

Some of these answered above, but

Opened in 2009
Pretty sure it was online
The loan was for 60 months so would have expired in 2014
PPI I never investigated
Last payment in the statement they sent was August 2013, however I have evidence of payments till September 2014

Is the particulars of claim the order the claimants asking the court to make? If so:

An ex-parter Order to:
1. Lift the stay on these proceedings; and
2. Strike out the Defence pursuant to CPR 3.4(2) of the Civil Procedure Rules on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the court process; and
3. Enter Judgement for the sum of £XXXX

I think it might be useful for you to type the Particulars of Claim from the claim form out here.

Also, what steps you took and when to enable you to get documents etc.

[Diana M]

Opened in 2009
Pretty sure it was online
The loan was for 60 months so would have expired in 2014
PPI I never investigated
Last payment in the statement they sent was August 2013, however I have evidence of payments till September 2014

Is the particulars of claim the order the claimants asking the court to make? If so:

An ex-parter Order to:
1. Lift the stay on these proceedings; and
2. Strike out the Defence pursuant to CPR 3.4(2) of the Civil Procedure Rules on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the court process; and
3. Enter Judgement for the sum of £XXXX

If this was an online application for the loan then I expect the 'credit agreement' you have been sent will be a reconstituted document.

Or have they sent you a signed credit agreement which was a document sent in the post after you made your application online? It's hard for me to comment without actually seeing it.

If there was PPI from inception then the Claimant may have to produce the Ts & Cs of that insurance policy in order to comply with s 77 CCA (section 18 Multiple Agreements).

With loans the PPI was usually frontloaded which can cause them problems regardless of whether it was missold or not.

Can you tell me what it says in the Particulars of Claim which is spelt out on Page 1 of the original Claim Form (third box down on the left)? This will state what they are claiming and why they think they have the right to claim it.

Thank you for posting up the Order which the Claimant's are asking the court to make at the Summary Judgment Hearing in May.

Di

[Terrier75]

If this was an online application for the loan then I expect the 'credit agreement' you have been sent will be a reconstituted document.

Or have they sent you a signed credit agreement which was a document sent in the post after you made your application online? It's hard for me to comment without actually seeing it.

If there was PPI from inception then the Claimant may have to produce the Ts & Cs of that insurance policy in order to comply with s 77 CCA (section 18 Multiple Agreements).

With loans the PPI was usually frontloaded which can cause them problems regardless of whether it was missold or not.

Can you tell me what it says in the Particulars of Claim which is spelt out on Page 1 of the original Claim Form (third box down on the left)? This will state what they are claiming and why they think they have the right to claim it.

Thank you for posting up the Order which the Claimant's are asking the court to make at the Summary Judgment Hearing in May.

Di

They have sent a signed agreement, which I assume was sent in the post after the online application was made.

Frustratingly I am unable to find the original claim form - will I need to request this from the court or the claimant?

You said I should send an SAR to Tesco (asap) - just checking they were the original creditor, do they have to comply if they've sold it on?

[warwick65]

Tesco will have to comply with your SAR because they will still hold data on you . They have 40 days to respond

[Terrier75]

Tesco will have to comply with your SAR because they will still hold data on you . They have 40 days to respond

I had better get that sent ASAP in that case....

[Terrier75]

You need to send a Subject Access Request to Tesco Finance asap. This will give you the full history of the account and enable you to establish whether the documents they’ve produced so far are valid. The Transaction Log will be useful.

What year did you open the Tesco loan? Was it before or after April 2007?

How did you open it (online, in store, over the phone etc)?

When would the loan have expired if it had run the agreed term?

Was there any PPI involved?

When did you make your last payment?

Di

Hi,

Would the below SAR letter be adequate to send to Tesco? Do I need to add any other requirements? Do I need to provide a £1 Postal order?

Dear Sir/Madam

Subject Access Request ( Data Protection Act 1998 )

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

A true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully,

YOUR NAME

Encls.

[warwick65]

Personally I use a slightly more in depth one- the only danger is you may end up with a box full of paperwork. I will try to look it up for you

[warwick65]

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.
I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself.

You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action. You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully,

Some think its a bit OTT but ot covers everything