Court case

[Celestine]

Hi Debs
Thank you for uploading those images. I can see them still,
but I have unapproved them because your name and address was showing. I will now review them properly and reply to you tomorrow with my thoughts. I will delete the posts when I’m finished to protect your privacy. Cel

[Deb Cowan]

Good morning Celestine thank you so much for looking at this for me and all your help

Deb

[Deb Cowan]

Good afternoon Celestine, I hate to be a bother on a Sunday but I just wondered if I still have enough time to put my defence in? And what to write in it too? Thank you again for all your help.

Deb

[MIKE770]

Example Defence adjust to your case

[Deb Cowan]

Thank you, so I just fill this in (adjusted to my case) then send to PRA and the courts?

Thank you for all your help

[Deb Cowan]

Good morning, I hope you are well. I have a couple of questions please and thank you

1. Do you have to file an amended defence via a N244 2. Do the court have to accept an amended defence and is there a min no of days notice you have to give (before the court date). Also, can anyone read through the doc for you if you fill it in today/this eve?

[Celestine]

Hi Debs - Please accept my apologies for the delay in replying. The credit agreement you have supplied is NOT typical
of a 2005 agreement. Firstly the APR rate of 12.99% is not the advertised rate for that year.
More importantly, on the page where it states the charges for breaches, such as late payment, over limit fees etc are all £12. The penalty fees only went down to £12 (from £30-40) after an investigation by the OFT into penalty fees. This report was published in April 2006 and thereafter all fees dropped to £12.
This is not a true 2005 credit card agreement in my opinion, so defend on the basis of non compliance with CCA 1974 s.78

https://assets.publishing.service.go...445/oft842.pdf

[Deb Cowan]

Good morning ,

Thank you so much, so so I put that all in an N244? As per my 2 questions above. Thanks Celestine :-)

[Deb Cowan]

Hi Celestine,

I'm so sorry to bother you again, I'm literally worried sick and you and your team have helped me so much, I don't feel I have anywhere else to go (sorry).

I have to submit my N244 application tomorrow and I am sinking in a legal sea :-( I think I have navigated the template (and deleted the points not relevant) but i am worried I have done it wrong and the court will see an error that I can't and as such I will have wasted the £275 fee (I've borrowed the money from a friend) and failed with my defence. My husband is writing out the evidence on to the N244 as I type this to you. I know you provide this great service free and you and your team are clearly inundated with requests for help but I wondered if someone can proof read my completed N244 before I email it over to the court. If this is not possible, at such short notice, is there any other organisation you can recommend to help me? My court date is 19.4.22 and the court employee I spoke with today said I need to move very fast as there is a weekend and 2 bank holidays in between and the judge may not admit my new defence :-/

Deb x

[EXC]

I'll give Celestine a shout for you.

[Deb Cowan]

EXC I think time has defeated me for a review of what i propose to send in. Could you or a nominated colleague clarify a couple of things for me please:

Do I have to prove the interest rate and fees on the reconstituted agreement is incorrect?
If I do, how can I prove there are errors/omissions?

I'm struggling in how to word that (See post from Celeste beginning "Hi Debs - Please"

Finally, Am I right in thinking my defence is purely based on non compliance - CCA 1974s 78 and I don't need to diverse to the fact the Credit Agreement was likely signed pre 2007?

The court have suggested i should submit my completed N244 by 1pm today :-(

Thank you in anticipation

Deb

[EXC]

I'm not sure if Celestine is around at the moment and she would be the best person to advise but in general you don't have to 'prove' anything in a defence as such. Your defence just identifies and summarises your defence grounds. I would include any potential ground. Don't worry too much about the wording, courts give litigants in person leeway.

[echat11]

a) Do I have to prove the interest rate and fees on the reconstituted agreement is incorrect?
If I do, how can I prove there are errors/omissions?

I don't think you need to prove or entertain anything on the 'Reconstituted Agreement', because they should provide the Original Agreement, which they haven't done (because it's pre 2007).

I'm struggling in how to word that (See post from Celeste beginning "Hi Debs - Please"

b) Finally, Am I right in thinking my defence is purely based on non compliance - CCA 1974s 78 and I don't need to diverse to the fact the Credit Agreement was likely signed pre 2007?

As above.

I think the following should be sufficient, then you can prepare for the hearing, do some research regards pre 2007 agreements etc.

'The Claimant has not complied with the Consumer Credit Act 1974 s.78. The Creditor has failed to provide the requested documentation under the Consumer Credit Act 1974 s.78'.

[echat11]

At the hearing this is what you need to research and expand on, I'm sure Celestine will provide more input.

Basically because the agreement was taken out pre 2007, they should provide the original agreement.

Even if the reconstituted agreement was acceptable (they've provided that), they have failed to provide a reconstituted agreement which would be acceptable under the CCA 1974 Act.