A & L Trying Court second time

[Hobbie]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/80311-l-regret-unable-supply.html

 

vexatious litigants are people who persistently abuse the court process and are eventually barred from issuing proceedings. There is a list on the HMCS website somewhere.

 

Vexatious litigants Quite some list.

[Goldlady]

Quite a few DCAs should be added to it methinks:mad:

[Hobbie]

Quite a few DCAs should be added to it methinks:mad:

 

Oh do I hear you! And would love to be able to get some added to the list, it would in effect totally ruine the business, but not put them out of business, as they'd just get another to start proceedings.

[bach]

Hi Slick 132

 

Thanks so much for taking the trouble to help me, Solicitor wrote and informed me that they would still be taking me to Court, they have transfered it to my local court, so still waiting to here from Courts.

 

In answer to your questions.

 

1) Did you send, with your Defence, a copy of the judgement which ended A&L's last court Claim against you. Unfortunatly I did not send it

 

2) Roughly how much are they claiming from you and does the total they are claiming include penalty charges made to the a/c in the last 6 years.

A & L Personal Loan over 5yrs for £15 000 plus approx £3.000 interest. Would have to check back to see if they applied any penalty charges.

 

3) Do you have the last 6 years' statements for the a/c.

No, I'v never had any statements sent to me.

 

5) Are you willing or able to settle the debt after taking off A&L's penalty charges, when you've sold the house.

We have no collateral left in the house, now in housing with association. Having had a stroke I had to give up work last year, I was prepared to continue working to help pay this debt of, but things just got worse and eventually had to give the house up.

I have my pension of £98 per week to live on.

 

I originally agreed to pay them £25 per month in July 06 but in January 07 they got akward and told me that they wanted more money. It was then I asked for a copy of my CCA they then wrote and told me that they did not have one, and sent a coy of conditions, but with no terms on them etc.

 

Thanks for your guidance and help it's really appreciated.

Lynn

[ukaviator]

Hello Bach

 

So no CCA and they are still trying to enforce the debt. I would be inclined to not pay anything else into this account. Without a valid CCA they can't collect it. I will wait until you know of their intentions from the court, and act from there. If it's been thrown out already, changing courts won't help them.

[slick132]

Hi Bach,

 

Thanks for the info above.

 

Please can you type or copy here onto your thread the detail of the Claimant's Particulars of Claim in these latest proceedings..

 

Can you also type or copy the Defence which you filed in response.

 

Do you know yet if it will be transferred to the same court which threw out their last claim.

[bach]

Hi, I have to go to Hospital today, (Tue) but will get the A & L file out tomorrow (Wednesday) and answer questions for above, still haven't had anything from local Court yet.

 

Thanks for all yr support

Lynn

[bach]

Hi, please help received an Allocation Questionair as A & L has transfered to Birmingham Court.Not sure how to complete this.

Can I ask for more time? also should I write to A & L's Solicitors, and ask for a copy of their defence.

My A Q has to be in by 2oth June.

 

Slick132 In answer to your questions above

 

Please can you type or copy here onto your thread the detail of the

Claimant's Particulars of Claim in these latest proceedings..

1, Claimaint © made a loan to Defendant (D) Particulars of which are set out in the schedule below.

2, C sent default notice to D requesting overdue payments to be made.

3,The amount claimed has not been paid.

4,Particulars of oer notice sent to D are out in schedule below.

Agreement Number --------

Agreement Date 07/06/2005

Balance £14881.29

Default notice 21/07/06

 

Can you also type or copy the Defence which you filed in response.

I had agreed to pay £25. per month. Having kept to this agreement A & L

decided that this was insuficant and would take me to Court.

Quote O F T

In the absence of a copy of the original agreement someones libility for the debt can only lead to further query. However in circumstances like this we would view it is unfair practice under section 25(2) (d) of the Act and relevent to licence fitness if gthe trader failed to investigate and / or provide details as appropriate when a debt is queried or disputed.

 

Alliance & Leicester letter dated 4th April 07

 

 

"I note with regret that you were not acknowledge or replid to as this was because A & L was unable to supply a copy of the agreement"

"However I do agree within the terms of Section 77-79 of the Consumer Credit Act that you are entitled to a copy of the agreement. The original is unobtainable so the matter has been passed to me and although the original is not available from our records I produce a facsimile of the agreement. I confirm that this is a true copy and if you require more information please contact me " unquote.

 

Quote. " We have provided you with a recreated agreement containing every material provision that was incorporated into the original agreement, then this appears to be sufficient to honour it's obligagtions to provide a copy of the executed agreement under section 77 of gthe Act. I would therefor inform you that this is a true copy of the original and therefor this is a valid judgement. " unquote

Thjs was my defence.

 

Do you know yet if it will be transferred to the same court which threw out their last claim.

Transfered to a different Court. (we have moved since last case)

 

Can you please help as not a well lady, having won one, Im running out of steam now.

Thanks Lynn (Sorry its so long)

Edited June 10, 2008 by bach

[slick132]

Hi Bach,

 

Please confirm that you still have the Judgement from the previous proceedings.

 

I'll seek advice from the Site team on how best to proceed from here.

 

We may take a while to get back but it'll be in good time for you to deal with the AQ.

 

Try not to worry in the meantime.

[bach]

Thanks for yr help, will scan a copy of the Judgemet is this the one you mean ?

 

http://i264.photobucket.com/albums/ii189/1bach/Scan.jpg

Edited June 10, 2008 by bach

[slick132]

Hi Bach.

 

Can you scan a copy of the "Facsimile Agreement" that A&L produced, for us to see.

[bach]

Morning Slick,

 

Here is the Facsimile Agreement" sent by A & L.

 

Also came across this letter that I sent to A & L on 25th March 2007. .

A & L returned this letter to me on the 4th April,2007, stamped and saying Invalid Account Number. As you can see on the recreated agreement it is the same number, so why say it was invalid??

 

Also thought you might like to see the letter saying they could not produce the agreement etc.

 

Again thanks for yr help really appreciated

 

Lynn

Edited June 11, 2008 by bach

[slick132]

Hi Bach,

 

We can only see the 1st 2 doct's from above. Please scan and link again.

 

Was the doc't in link 1 above the ONLY page or is there another page of their Facsimile Document. If there is anything on the back, we need to see it. If it's just the one page they sent you, then please confirm.

[bach]

Hi Slick, Will try again mid morning to scan copies again.

 

Since trying to scan them I have had a computor problem, trouble with loging on to web page.

 

It only seems to be happening when I try to log on to this thread.

Iv started another thread because of these problems.

Thanks Lynn

Edited June 12, 2008 by bach
spelling

[bach]

Hi Slick,

 

Sorry, Iv got a problem logging on to my other thread, so Im having to set another one up. If you can could you possibly copy and paste the other posts on to the new one.

 

Will try again to scan copies.

 

 

 

Thanks Lynn

Edited June 12, 2008 by bach

[bach]

Hi Im just testing this thread, seems to work fine.

Thanks lynn

[slick132]

Hi Bach,

 

I'm not sure if it's a problem with the thread - probably more to do with Photobucket and links.

 

If it helps at all, send the doc'ts to me by email. What we need to see is the whole of the copy/facsimile Credit Agreement.

 

I'll get them posted for the Mods to see. I'll send you my email addy by PM now.

[bach]

Hi slick, have e mailed you the whole copy of Credit agreement plus two other may be relevent letters.

Hope you'v got them okay, as Iv never e mailed off a scanner before.

Let me know if you did,nt get them. Thanks again

Thanks Lynn

[slick132]

Hi Lynn,

 

Safely rec'd thanks. The copies are so good, some of your personal info is still visible so I'm not posting them here.

 

They will be seen, however, by the Site team who will use the doc'ts to decide how you should go on from here.

 

Please don't post any more on this thread - we'll use the other one as all the info is there already.

 

Reply will go on your other thread when your case and the doc'ts have been fully considered.

[bach]

Thanks Slick.

[slick132]

Thanks Lynn,

 

The doc'ts are all now available for the site team to see, so we can advise you further.

 

Let us know when you hear from the court.

[bach]

Hi, I received an Allocation Questionair as A & L has transfered to Birmingham Court. Not sure how to complete this.

Can I ask for more time? also should I write to A & L's Solicitors, and ask for a copy of their defence.

My A Q has to be in by 20th June.

 

Thanks Lynn

[slick132]

Hi Lynn,

 

I'll relay this to the team and we'll get back to you about the AQ. Do nothing in the meantime and we''l see it's dealt with in time.

 

You don't need to ask for more time, nor do you need to contact A&L as we already have their POC's and there's no defence to ask for from them.

[bach]

Slick, thanks once again, Its so reasurring that CAG is there I dont know how I would and many thousands more manage without this site

Have a great weekend,

 

Lynn

[bach]

Hi all, just a reminder as time is going by.

 

On Wednesday I won't be in all day,

this will only leave me today (Tuesday) and Thursday half a day to get my AQ over to Birmingham County Court for Friday 20th June.

 

Thanks Lynn