Conker v Nationwide

[conker]

Re: Conker v Nationwide

Not sure how to add this CCA to my thread but please feel free to add it to my latest post so it may help others.The only thing I think may be wrong with it is there is no actual name by the signature so I suppose it really could be anybody??
(email sent to admin)

[conker]

Re: Conker v Nationwide

Hi Ame

Are you able to post up the CCA i emailed to admin?

What is your verdict?

Thanks
Conker

[Tools]

Re: Conker v Nationwide

Ame is away on holiday at the moment conker.

I have tried to upload your CCA but the filesize is too big, can you rescan it and if possible save it as a jpeg or pdf format.

I also noticed that you have left in your personal details, I would advise you edit those out before posting it on the forum.

[conker]

Re: Conker v Nationwide

thanks Tools will redo it and try again or is it possible to change the format on my computer??

r u able to view it and tell me if you think it is enforceable or not??

[conker]

Re: Conker v Nationwide

Hi Tools

Can you respond re the CCA r u able to view it and tell me if you think it is enforceable or not??

I am in reciept of an order from the court saying
"the claimant is to file a reply to the defence by 16 November" so I have a few days to go.If you cannot read the CCA I will redo it on Friday

Regards
Conker

[MIKE770]

Re: Conker v Nationwide

bump

[conker]

Re: Conker v Nationwide

not sure whether it helps or not but the CCA is on a word pad and opens ok on my computer,not being an expert not sure why it is not the same at LB admin??

[conker]

Re: Conker v Nationwide

Hi Amy/Tools

Have emailed CCA in PDF however was not sure how to blank out my personal details so if you can please post up for others to see.If not can you advise me anyway whether or not you think it is enforceable or not,as said previously the only part that I can see that maybe wrong is there is no name by the signature so the signature could technically be anybody's.
Need an answer on the enforceability asap please

Regards
Conker

[Tools]

Re: Conker v Nationwide

I have edited your personal details and uploaded the CCA for assessment.

I am not knowledgeable enough to assess its compliance my gut feeling says no it is not, however, Curly or someone else may be able to help.

[conker]

Re: Conker v Nationwide

Cheers Tools hope your gut is correct!!

[conker]

Re: Conker v Nationwide

Hi All

Can someone please advise me if the CCA is enforceable or not??

Thanks
Conker

[Curlyben]

Re: Conker v Nationwide

Yep that complies with CCA.
There are a couple of technicalities, but nothing that would stop enforcement.

Amount of Credit, total amount payable, cost of credit, interest and repayments are all there, so prescribed terms all correct.

Technically the rate of interest should be stated as that and not APR, but as the APR is to 2 decimal places that covers that.
The other is the charges for missing payments are not stated.

These are minor technicalities and don't stop enforcement at all.

Time to come to an arrangement and don't waste any more of the courts time.

[conker]

Re: Conker v Nationwide

Thanks Curlyben will submit N244 and arrange a repayment plan with the court

[conker]

Re: Conker v Nationwide

Hi All

I have been attempting to submit the N244 & EX160and they have been returned to me several times requesting various information which I have forwarded on to the court.In the meantime I have recieved a General Form of Judgement or Order stating

The defence is struck out pursuant to CPR3.4(2)(a) as disclosing no reasonable prospects of success.
This order was made of the courts own initiative ursuant to CPR Part 3.3(4).You may apply to set aside,vary or stay the order but applicatin must be made in 7 days.

As I have been trying to amend my defence it seems to have been done for me by the court.

Do I now await the CCJ and then if it is to much apply to vary the order to what I can afford?? Or do I submit I & E details etc asking them to set the CCJ at an affordable amount?

Merry Christmas to all

Thanks & Regards
Conker

[Amethyst]

Re: Conker v Nationwide

Ok, you don;t have a CCJ as yet, and as you were trying to amend your defence, I assume you were trying to amend it to make it an admission and offer to pay ?

The court have done right in striking out the defence as that is basically what you were trying to do. Have you sent in your IE and offer to pay bits and bobs now ?