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alan7181

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  1. alan7181
    I sent a Witness statement to the court and by email to the claimants with the points as per the above. Their response is "With respect to the points requested in your statement regarding your dispute to the debt, I note the following: A copy of the Loan Agreement has been supplied exhibited to our witness statement, together with statements of account. A default notice is required if the creditor wished to demand early repayment. In this case, the agreement was for a fixed term of 5 years, and was opened in 2004. Early repayment was therefore not demanded. You have requested Deeds of Assignment. We confirm the notice of assignments exhibited to our witness statement were served pursuant to s136 Law of Property Act 1925 and the statutory requirements for assignment are satisfied accordingly.". In fact the loan agreement is only the first signed page with no Terms and Conditions. Similarly for the Deed of Assigment. They sent me a copy of the notice they sent me when the loan was assigned but not the actual Deed itself. How should I respond ?
  2. alan7181
    I don't understand why my defence that without the full terms and conditions of the loan it is not possiblke to prove that the loan could be assigned is a non starter. My defence states that it is not proven that the debt has ben legally assigned. Where have they shown that the assignment is valid. ?
  3. alan7181
    Found the claim form it states "the claimant claims payment of the overdue balance due from the defendant (s) under a contract between the defendant(s) and Egg dated on or around Jan 16 2004 and assigned to the claimant on feb 28 2013. Particulars a/c no .............(I have blanked this out but it is shown on claim form) Date 3/8/2013 Default Balance value £5000 Post Refrl Cr Nil TOTAL 5000.00" That is all that is stated on Claim Form. The full application for summary judgement is around 50 pages and would be difficult to upload to this forum.
  4. alan7181
    "maybe then re execution (validity) of the agreement, with regard to the then s127 (3)(4) Con Credit Act? service of a compliant default notice? anything else" I take it you are saying they should have issued a default notice and it should be included in the court papers. I have checked all the papers they have sent and there doesn't appear to be a Default Notice. is that what you are saying ?
  5. alan7181
    I have to say that I think your comment about them being able to access your credit file anytime they owe you money sounds wrong. Anyone else know if this is correct.
  6. alan7181
    What about the lack of the original loan agreement terms and conditions. Is this a defence ?
  7. alan7181
    In 2004 I took out credit card with egg. In 2006 I agreed a payment plan with egg of £5 per month which I paid until 2011. In November 2014 Robinson Way accessed my credit file. I thought permission to access a credit file once granted only lasted for a fixed time say 6 years then had to be re-applied for. I know RBS once asked me for permission to renew even though I had given it once. They then issued legal proceedings in Nov 2015. I sent the defence already shown in this thread. They have now issued a request for summary judgement. they have sent a comprehensive set of documents including the assignments, the account statements showing my recent £5 per month payments etc. I don't seem to have the full original loan agreement only a copy of the first page with my signature. I don't have the full terms and conditions which state that the loan can be transferred. Can they still get a summary judgement without the loan agreement terms and condition showing it to be assignable.
  8. alan7181
    I think I should add that they since sent a comprehensive set of documents including the assignments, the account statements showing my recent £5 per month payments etc. I don't seem to have the full original loan agreement only a copy of the first page with my signature. I don't have the full terms and conditions which state that the loan can be transferred.
  9. alan7181
    Sorry I cant find the original claim form but here is my defence as submitted.I"t is denied that Mr................ entered into an agreement and borrowed money from egg on or about Jannuary 16 2004. Egg is not a company or a legal entity. It is denied that any agreement exists to transfer the benefit of any such agreement to Arrow Global Ltd. It is denied that £5000 is now due to Arrow Global Ltd from Mr A Naylor. Any such agreement would in any case be now over 11 years old and time barred.
  10. alan7181
    I would like to know who can access your credit file without your consent. Can I find my neighbours credit score ? Can I discover what loans my brother has taken out ? I thought you had to give consent before anyone could access your credit file e.g. when you apply for a loan you have to give consent.
  11. alan7181
    I assume they accessed my file to see if it was worth taking legal action. As my credit file now looks good they have issued legal proceedings. They are currently seeking a Summary Judgement as the defence I submitted did not give a sufficient defence. I was struggling to find a defence as I did borrow the money and was unable to apy it back (and still am).
  12. alan7181
    I subscribe to Noddle a free credit score and report checking service. I can see that Robinson Way accessed my credit file in November. It is about a debt I had with egg about 9 years ago although I continued to pay £5 a month until 2011 so not statue barred. I had just managed to get a good score as the previous default occurred so long ago. They have started legal action again which means that a debt taken out in 2004 which defaulted around 2006 will be shown on my credit file for another 6 years if they are successful with the legal case. So all in all 12 years of no credit for me at sensible rates. This cannot be what the government intended with CCA legislation. Also can Robinson Way access my credit file without my consent ?
  13. alan7181
    In 2009 The company I worked for went into a CVA and I lost my income. Arrears on my mortgage built up. In April 2010 Platform agreed to a 12 monthperiod when interest only would be charged. Since the start of the concessionaryinterest only period in April 2010 we have paid Platform £38,945. The amount due under the mortgage with the 12 monthconcession at interest only amounts to £33,586. We have, over the past 19months, fully paid every penny Platform has asked us to pay and in additionreduced the arrears. On 15 February 2010 the arrears stood at£16,419. Since then we have reduced the arrears to £11,952 which amounts to areduction by almost a third. Why are Platform being so unreasonable and what should I do at the hearing
  14. alan7181
    I moved my house to my wife nearly 2 years ago. The bank commenced legal procedings against me a number of months ago. They will win the case and start bankruptcy proceedings. I understand a house moved 2 years prior to bankruptcy can be revoked back to me. Is that 2 years before the bankruptcy proceedings started or 2 years from the date of the actual bankruptcy or 2 years from the date they comenced legal action i.e the action they have already taken.
  15. alan7181
    I moved my house to my wife nearly 2 years ago. The bank commenced legal procedings aginst me a number of months ago. They will win the case and start bankruptcy proceedings. I undertand a house moved 2 years prior to bankruptcy can be revoked back to me. Is that 2 years before the bankruptcy proceedings started or 2 years from the date of the actual bankruptcy or 2 years from the date they comenced legal action i.e the action they have already taken. Alan

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