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I have a claim against me by my bank :
POC :
1.unsecured loan agreement
2.defendant indebted to claimant sum £9000
3.in breach of agreement .The claimant issued default notice
4.by letter on xxxxxx, from claimants to defendant demanded repayment of the said sum
5.In the premises the defendant is indeted to the claimant in the sum of £9000
6.The claimant therefore claim the balance of £9000
I sent a CPR 31.14 I only got back the credit agreement from the the claimant.
default notice they state they dont keep a copy under CCA 1974
my defence was based on:
A) Unfair relation under section 140a of the CCA
I approached the claimant ( Bank lending manager) for help when i was under financial difficulties
For 6 months no help besides :
*1 month payment break with interest
*suggesting a re-mortgage to convert the loan form unsecured to secured. but it failled after credit check.
*offering another 3 payment break with interest ..i refused
*defaulted after 6 months of negotiations seeking help
*complaint to bank they offered apology with redress, temporary arrangement with 6 months interest refund and apology letter with £50 cheque for inconvenience.
B)RENGING ON AGREEMENT :
*While under above arrangement DCA got involved and harassement letters received unil court proceedings received by Bank.
*The outstanding balance in the POC claim is wrong as the interest refund was never deducted.
C)BREACH of section 77A of the CCA 1974 required statement for fixed sum credit agreement
*After first year of the loan i requested the annual statement under s77a of the CCA 1974I never got a reponse nor statement.
*year 2 of loan i got the annual statement as required, year 1 never sent.
D)Loan was provided instantly without checks and high interest rate 25% APR over 7 years, hte loan was for consolidation ( the credit cards interest was about 15%)
E)Breach of section 87 Need of Default notice not sent to me : put the claimant to strict proof to produce it and proof of postage.
I received the ALLOCATION QUESTIONAIRE N150 I need urgently help to fill it especially SECTION D Case M anagement: What amount of the claim is in dispute : Is the whole balance or if using breach of section 77A no interest during the period of non-compliance or anything else regarding unfair relation section 140a?
have you made any applications in this claim yes no
if yes what for? etc..
SECTION I "Other information" : what shall i put in here ?
Thanks in advance for your help
POC :
1.unsecured loan agreement
2.defendant indebted to claimant sum £9000
3.in breach of agreement .The claimant issued default notice
4.by letter on xxxxxx, from claimants to defendant demanded repayment of the said sum
5.In the premises the defendant is indeted to the claimant in the sum of £9000
6.The claimant therefore claim the balance of £9000
I sent a CPR 31.14 I only got back the credit agreement from the the claimant.
default notice they state they dont keep a copy under CCA 1974
my defence was based on:
A) Unfair relation under section 140a of the CCA
I approached the claimant ( Bank lending manager) for help when i was under financial difficulties
For 6 months no help besides :
*1 month payment break with interest
*suggesting a re-mortgage to convert the loan form unsecured to secured. but it failled after credit check.
*offering another 3 payment break with interest ..i refused
*defaulted after 6 months of negotiations seeking help
*complaint to bank they offered apology with redress, temporary arrangement with 6 months interest refund and apology letter with £50 cheque for inconvenience.
B)RENGING ON AGREEMENT :
*While under above arrangement DCA got involved and harassement letters received unil court proceedings received by Bank.
*The outstanding balance in the POC claim is wrong as the interest refund was never deducted.
C)BREACH of section 77A of the CCA 1974 required statement for fixed sum credit agreement
*After first year of the loan i requested the annual statement under s77a of the CCA 1974I never got a reponse nor statement.
*year 2 of loan i got the annual statement as required, year 1 never sent.
D)Loan was provided instantly without checks and high interest rate 25% APR over 7 years, hte loan was for consolidation ( the credit cards interest was about 15%)
E)Breach of section 87 Need of Default notice not sent to me : put the claimant to strict proof to produce it and proof of postage.
I received the ALLOCATION QUESTIONAIRE N150 I need urgently help to fill it especially SECTION D Case M anagement: What amount of the claim is in dispute : Is the whole balance or if using breach of section 77A no interest during the period of non-compliance or anything else regarding unfair relation section 140a?
have you made any applications in this claim yes no
if yes what for? etc..
SECTION I "Other information" : what shall i put in here ?
Thanks in advance for your help
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