Court Summons from Sigma re M & S credit Card

[pt2537]

Re: Court Summons from Sigma re M & S credit Card

It is to show you how i set out the Defence and hopefully to show that your draft really lacks the depth and detail needed

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

It is to show you how i set out the Defence and hopefully to show that your draft really lacks the depth and detail needed

Many thanks PT
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

1.M& S failed to supply a copy of an executed agreement(application form) that contained the prescribed terms as requiredunder CCA act 1974 section S. 127 (3), made under a statutoryCCA S.78 request.


A s78 request answer does not need to contain the prescribed terms. Indeed if the original agreement did not contain them and the s78 copy did then the s78 copy would not be "honest and accurate" and thus s78 (6) would apply. Obviously other stronger arguments would be run in those circumstances (127(3) etc) but hopefully you see what i mean.



M1

[Sparkie1723]

Re: Court Summons from Sigma re M & S credit Card

Hi G .replied to your pm.
Sparkie

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

This is my revised defence following suggestions
My Defence.
I neither admit or deny liability
The Defendant denies that the Claimant is entitled to the relief claimed or at all on the basis of numerous breaches of statutory requirements. The details of which are set out below.

Section 78 (1) Consumer Credit Act 1974*

The Claimant is in breach of its obligations under the Consumer Credit Act 1974 section 78(1). The Defendant made a request in writing for a copy of the executed credit agreement. The document provided did not comply with the requirements of the aforesaid section because*

1. the document was not easily legible as required by Regulation 2 Consumer Credit Cancellation Notices and Copies of Documents Regulations 1983

1.1 The terms and conditions applicable were not provided until the credit token was provided to the debtor. Accordingly this is a breach of s61 (1)(a) Consumer Credit Act 1974 as the prescribed terms were not present at the point of signing and the application did not contain any of the prescribed terms. Accordingly pursuant to s127 (3) Consumer Credit Act 1974 the Court may not make an enforcement order where there is a breach of s61 (1)(a) Consumer Credit Act 1974. Furthermore and without prejudice to the above, the Defendant avers that the terms and conditions produced are not incorporated into the contract. There is no reference apparent within the signed application form to any accompanying terms and conditions therefore the terms cannot be considered to have been embodied by reference as laid out within section 61(1)(a) or (b) Consumer Credit Act 1974. S189 clearly defines the word embody for the purpose of the Act.

1.2 no statement of account was adduced.
Accordingly s78 (6) Consumer Credit Act 1974 acts as a bar on enforcement and per*HFO services Limited vs Kirit Patel, Claim number*8QC52414, before His Honor Judge Platts,*the Claimants claim ought to be dismissed.


It is submitted that default notice served under section 87(1) of the consumer credit act 1974 failed to meet meet the regulations of the act which require 14 days to remedy the breach. Furthermore the Default notice served did not contain the Office of Fair Trading fact sheet as required by paragraph 10(A) of Schedule 2 of the Regulations. Accordingly the Default notice is bad and no enforcement is permitted. The Defendant relies of*Harrison vs. Link Financial Limited*[2011] EWHC B2 Mercantile to support this.

It is submitted the claimant failed to meet the regulations of Pre Action Protocol PD Annex B by failing to send a letter before action.

The claimant has, to date, failed to comply with my reasonable and legitimate request under civil procedure rule 31.14 despite giving them more time to allow for production and inspection of the documents mentioned in the POC.

I would respectfully request the court allow me the opportunity to amend my defence should the claimant eventually meet my CPR 31.14 request

The Claimant has not complied with s61,62, 78, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

The documents disclosed as the agreement are not easily legible and therefore it is unsafe to grant judgment on the back of these documents

The agreement is irredeemably unenforceable and thus pursuant to s127 (3) the Claim should be dismissed and a declaration to this effect made by the Court pursuant to s142 (1) Consumer Credit Act 1974.

Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs to be summarily assessed on an indemnity basis.

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Have you had any notices of sums in arrears as per s86 ?

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Yes I have MI both from M&S and other debt collection agencies
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Do you have a copy of the terms and conditions that you could post ?

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Yes but there are two different sets one 2 pages long and the other 4 pages long and neither were supplied at the time of signing and both are so poor would prove almost impossible to reproduce in readable form but i will try.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Did they not give a typed up version?

What morons. Still they might be able to fix it so what they say could be important.

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

M 1 you will find both the 2 page and the 4 page versions on this link.
G
http://s683.beta.photobucket.com/use...tml?sort=6&o=2

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

morons indeed they spent 2 years telling me they could send me nothing without me providing them with a signature.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Do you have any statements for the account with charges on them ? What £ were they ?

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Do you mean interest charges? or default charges? They kept adding £12 late payment charges.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Default charges. If you have the very first statement and the 6th and 7th months statements (before and after the 0% started) that could be useful.

M1