Is this enforceable??

[Babs]

Could I please have some advise on this agreement. Would it stand up in court?

[Amethyst]

Re: Is this enforceable??

Is there another page to it (signatures etc) and have you taken off the % rates or were they blank ?

[Babs]

Re: Is this enforceable??

Yes there is another page but no signatures.% rates were blank.
A covering letter came with it stating they cannot locate the original, and some t&c's.
I put the account in dispute on receipt and now I have received a claim from Northampton.

[BillandBen]

Re: Is this enforceable??

Ok, can you post up the second page?

You say you've received a claim form from Northampton.. Can you also post up the N1 that you have received?

You'll also need to give a full background to the account

[Babs]

Re: Is this enforceable??

Thanks for replies,I can post up the second page a bit later. I dont think its a good idea to post the N1 thought is it ???

[Amy]

Re: Is this enforceable??

It's fine to post up the N1 as long as you remove your personal details as it will be a generic PoC and not one written specifically for you.

[Babs]

Re: Is this enforceable??

I do have a thread on another site which will give a background to this issue. I hope its OK to post a link. If there is a problem I will remove the link I would not like to upset anyone on either site.

[Amy]

Re: Is this enforceable??

Don't be daft, posting the link on here doesn't bother us as we are adults.

[Amethyst]

Re: Is this enforceable??

When did you stop making payments on the loan ? Was this due to a dispute / financial dificulties / because you hoped it would be unenforceable ? 16th November post on your thread it does appear you stopped due to the perceived unenforceability issues but there may have been other issues involved ?

I see you received a refund of PPI on the loan (was that the same loan?) through the financial ombudsman - did the refund come off the balance of the loan or was it a direct payment to you ?

The solicitors asked for a financial statement from you, and for information from your other halfs place of work - were those both completed ?

Is this the claim particulars from the claim form ?

The defendant is indebted to the claimant in the sum of (xxxx.xx Less than 2K) and in respect of the said agreement under account number ******* and maintained by the defendant at the claimants branch and the sum of xxxx.xx in respect of costs under the said agreement.

(I assume ''said agreement' is that which you posted on first couple posts here?)
You acknowledged service by the deadline, and then you entered a CPR 31.14 request - any response from that ? Copy of that would be a plan here too.

Okay once we have the above info, and you tell us a little more about this claim, the whys wherefores and what outcome you are trying to acheive, we should be able to help you get this defence (or admission depending) in to the court on time. Think you have about 6 days?

[Babs]

Re: Is this enforceable??

When did you stop making payments on the loan ? Was this due to a dispute / financial dificulties / because you hoped it would be unenforceable ? 16th November post on your thread it does appear you stopped due to the perceived unenforceability issues but there may have been other issues involved ? Payments stopped in November 2009,after receiving a one page "agreement".I sent a letter to say what they had sent did not fulfil my requirements.(post 2 on other thread) edited to suit.

I see you received a refund of PPI on the loan (was that the same loan?) through the financial ombudsman - did the refund come off the balance of the loan or was it a direct payment to you ?Direct payment After taking further with FOS I was refunded PPI payments for two accounts (one of which was a closed account 2006 that I had not disputed)which I thought was strange at the time as they refused CCA request on another closed account which was closed only a year before in 2005 this one I knew to have PPI.

The solicitors asked for a financial statement from you, and for information from your other halfs place of work - were those both completed ? No

Is this the claim particulars from the claim form ? I will post up N1 in next post.

(I assume ''said agreement' is that which you posted on first couple posts here?)
You acknowledged service by the deadline, and then you entered a CPR 31.14 request - any response from that ? Copy of that would be a plan here too.I have had a letter from sols.to say they have requested docs.from HFC.That letter is dated 17th August.

Okay once we have the above info, and you tell us a little more about this claim, the whys wherefores and what outcome you are trying to acheive, we should be able to help you get this defence (or admission depending) in to the court on time. Think you have about 6 days?

This was done over the phone and all we have is precontractual docs. OH has no knowledge of signing and there was no cancellation docs. Agreement they have supplied is headed on trade premises.

I will get on and do some scans now. Thanks for your help.

[Amethyst]

Re: Is this enforceable??

Was it signed on trade premises ? Ref your husband not recalling signing it does that mean you are disputing that the debt belongs to you?

[Babs]

Re: Is this enforceable??

Definately not signed on trade premises. We would like sight of original to rule out any further PPI.
------------------------------- merged -------------------------------
I hope they are clear enough

[Amethyst]

Re: Is this enforceable??

Will await the N1 Think

maintained by the defendant at the claimants branch

sounds more like an overdraft than a loan tbh.


Whoops posted same time lol two tics

Okay so they are claiming for a current account overdraft AND a loan ? Is that an HSBC account?

[Babs]

Re: Is this enforceable??

Sorry had to edit again


------------------------------- merged -------------------------------
In my CPR31.14 I have asked for Agreement,default ,and docs to verify amounts in poc.They are exactly double the outstanding amount,although the amount of claim is half that amount,if that makes sense.

[Amethyst]

Re: Is this enforceable??

Okay so how much is the claim for approx. I saw on the other thread the loan was approx 2k - how much are they claiming? . How much is the overdraft debt ? Under £1.5k together I'd guess with a £75 court fee.

What are the issues and history of the overdraft ?