**DISCONTINUED** Restons Letter advising withdrawal of set aside claim

[monk_fish_]

Re: Restons Letter advising withdrawal of set aside claim

I never submitted a defense, other than stating I never received any court papers and was out of the country during the hearing.

I have not had the opportunity to demand any proof of debt ownership or query amounts since i was not aware of any action.

there was also a second entry related to the debt (after assignment) under a new reference number. so there were 2 parallel entries. one for the original creditor and one for the DCA. now the default date listed next to the assigned debt is earlier than the original default date which would make the assigned debt statute barred. without original paperwork, how can the DCA prove any liability especially given such date discrepancies. (I am aware the actual default date should be the date of last credit card transaction.)

any more thoughts.....??:tinysmile_cry_t:

[welshspark]

Re: Restons Letter advising withdrawal of set aside claim

H there

This is just a thought, and maybe one of the smarter beagles, will correct me if im wrong..

but when your submitting your set aside defence... couldnt you just say that you believed the debt to be statute barred, and that you had not recieved default notice and NoA.

because if you say its statute barred, and the judge sets aside, isnt it up to the claimaint to prove otherwise ?

[monk_fish_]

SAR request lacking information.

Hi all. I have recieved a SAR response which is missing both the original agreement (there is no reconstituted agreement either) and the default notice.

I am trying to get a judgment set aside. I have pestered the original lender but the it appears these documents are no longer on file. It's not clear whether a default notice was in fact ever issued.

Any advice?

[nemesis45]

Re: SAR request lacking information.

There is no specific obligation to supply an agreement with a SAR.
In a reply to an inquiry I made to the ICO it was stated " Although we (the ICO) might expect the agreement with a SAR there is no specific obligation to do so".
The provisions of sections of the CCA 1974 are available for requesting the agreement.

There has been a great deal of discussion (i.e. jumping up and down and shouting) about this elsewhere, and a further inquiry elicited further statement ; " Loan and credit card agreements are largely generic in nature in that all agreement forms for a "financial brand" contain the same
generic data and the terms and conditions apply to all of that providers agreements"

Basically saying the agreements are not considered " personal data".

nem

[monk_fish_]

Re: SAR request lacking information.

There is no specific obligation to supply an agreement with a SAR.
In a reply to an inquiry I made to the ICO it was stated " Although we (the ICO) might expect the agreement with a SAR there is no specific obligation to do so".
The provisions of sections of the CCA 1974 are available for requesting the agreement.

There has been a great deal of discussion (i.e. jumping up and down and shouting) about this elsewhere, and a further inquiry elicited further statement ; " Loan and credit card agreements are largely generic in nature in that all agreement forms for a "financial brand" contain the same
generic data and the terms and conditions apply to all of that providers agreements"

Basically saying the agreements are not considered " personal data".

nem

And the default notice???

[nemesis45]

Re: SAR request lacking information.

DNs are generic in nature and are not routinely stored as "hard copy" it is sufficient for a creditor to not on a debtors records that a DN was sent on a specific date, the creditor can rely on this.

nem

[monk_fish_]

Re: SAR request lacking information.

DNs are generic in nature and are not routinely stored as "hard copy" it is sufficient for a creditor to not on a debtors records that a DN was sent on a specific date, the creditor can rely on this.

nem

This does not address issues where the default notice was invalid. How can the creditor claim a valid notice was issued without providing any content?
Many invalid default notices were issued in the past. They also contain account specific information which would vary from consumer to consumer. I dont see how they can be considered "generic"


The same goes for a credit agreement copy or reconstruction.

[nemesis45]

Re: SAR request lacking information.

The CCJ superceded the original agreement and takes precedence.
You may get a " copy of what would have been sent to you"
A recon agreement is not personal data.
Did you not defend the claim?
Is this a judgement by default?
If so when was judgement given?

[monk_fish_]

Re: SAR request lacking information.

The CCJ superceded the original agreement and takes precedence.
You may get a " copy of what would have been sent to you"
A recon agreement is not personal data.
Did you not defend the claim?
Is this a judgement by default?
If so when was judgement given?

I was overseas. So it was a judgement in default. A hearing to set-aside was adjourned to give the Claimant the opportunity to submit evidence to counter my claim of unenforceability and an invalid default notice. As yet claimant has not filed anything in response and the deadline for that was 3 months ago. A new hearing is set. The SAR has not produced either default notice or credit agreement. How can the claimant protest my application to set aside without either of these?

I have copies both from other people from the same period. The agreement is lacking prescribed terms and the default notices have several critical omissions.

[monk_fish_]

No default notice and no credit agreement. Set aside pending.

I recieved a judgement in default whilst overseas. A hearing to set-aside was adjourned to give the Claimant the opportunity to submit evidence to counter my claim of unenforceability and an invalid default notice. As yet claimant has not filed anything in response and the deadline for that was 3 months ago. A new hearing is set. The SAR has not produced either default notice or credit agreement. How can the claimant protest my application to set aside without either of these?

I have copies both from other people from the same period. The agreement is lacking prescribed terms and the default notices have several critical omissions.

Any thoughts peoples?

Many thanks

[nemesis45]

Re: No default notice and no credit agreement. Set aside pending.

Hi Monkfish,
You already have a thread on this it will be easier to get you advice if you keep to one thread.

nem

[monk_fish_]

Re: No default notice and no credit agreement. Set aside pending.

I thought the premise of the first thread was a little mis-understood...so i tried to make it a little clearer.
Thanks

[monk_fish_]

Re: No default notice and no credit agreement. Set aside pending.

any info on this people????:colbert:?

[nemesis45]

Re: No default notice and no credit agreement. Set aside pending.

When was the judgement made?
You could attempt to get it set aside as you were overseas plus you believe there
was no proof of the debt.
nem

[monk_fish_]

Re: No default notice and no credit agreement. Set aside pending.

When was the judgement made?
You could attempt to get it set aside as you were overseas plus you believe there
was no proof of the debt.
nem

It's way past that. my defense has already been submitted in the first hearing. No prescribed terms on CCA and no evidence of a valid Default notice. Due to me submitting my defense late, the Judge gave the claimant 30 days to produce relevant documents and file an affidvit in response to my defense. They have failed to do so. This was in October.

There is no longer any record of CCA or Default notice with original lender, though I have copies of others issued at the same time which are both invalid. No prescribed terms on CCA. The Default notices issued at that time did not give adequate service time...which according to the appeal court decision in Ian Karl Robert Brandon v American Express Services Europe Ltd [2011] EWCA Civ 1187, cannot be considered De Minimus and invalidates the notice.

I want to know what happens if no documents are produced by the claimant to substantiate the claim. And how they can possibly hope to block my set aside application.

There is no doubt there was an agreement..because a card was issued and used...so there is proof of the debt. There is however no proof the agreement was valid. Nor is there proof any Default notice was issued at all, and certainly not one that complies with regulation.