Court Summons Received Please Help - **WON**

[Echodale]

Huh

Started by Ruud‎, 20th October 2008 01:39

not sure why CitizenB thinks it's not Ruuds own thread or that it is done and dusted. The claimant has asked the courts for another bite of the cherry and all the background is in the thread.

 

Can siteteam just change the title?

[citizenB]

Ruud, my apologies - I really should have looked at the first post !!

[citizenB]

Huh not sure why CitizenB thinks it's not Ruuds own thread or that it is done and dusted. The claimant has asked the courts for another bite of the cherry and all the background is in the thread.

 

Can siteteam just change the title?

[/color]

 

 

Quite simply, citizenB didnt bother to read the 1st post to identify the thread starter - I am suitably embarrassed and have apologised.

[Ruud]

Hi SJ,

 

No its not a credit card its an unsecured loan - sort of....

 

Essentially they put money in my account and then started taking out monthly payments. When I noticed and contacted them to question the sum deposited and the payments they were taking I got repeatedly rebuffed by call centre staff. They claimed I had applied for a loan and signed an agreement for the money but I could simply repay the money (plus interest). I explained I had not taken out the loan so was not paying interest. After a few months I simply stopped paying the monthly payments until they would accept their error and allow me to pay it back minus interest. They eventually investigated and agreed to this after a few months of non payment by me but they would not remove adverse marks on my credit rating and so I refused to pay them until they did this. They then reverted to their stance that they had a credit agreement and denied ever admitting that the loan was an error (I have a letter that shows otherwise). So to apply some pressure and as they were ruining my credit record anyway I went through the proper process and stopped another loan I had with them as they failed to produce that credit agreement either. They eventually tried to take me to court, I issued a defence and they issued a notice of discontinuance.

 

That's a VERY simplified version but gives a basic overview, so I've been stuck with 2 x defaults on my record and unable to obtain credit but I've been 'waiting it out' now they are trying to reopen the case.

[Ruud]

I should add that they are also trying to make me pay the genuine loan for which they have produced a poor copy of a credit agreement. This form has numerous faults including not being a true signed original copy, not having the ts & cs attached etc etc. I do have a concern they could get this one reopened but there are many arguments I need to present against this. The main one being that I have effectively paid this loan back many times over because I have been stuck paying 29%+ interest on credit card debt of £14,000 for the last 5 years. I am also stuck on an uncompetitive mortgage because of their defaults on my record. And so if that loan is reopened then the judge needs to take into allowance the huge impact the defaults that have been filed against me in error have had on my finances. In addition the stress that it has caused and still is causing me is unbelievable, its a constant nagging pressure always lurking at the back of my mind, I can't prove this though as I have never been to a doctor etc about it, just got on with life.

 

The Judge also needs to act against them because they have treated me unfairly, breached the CCA and acted unlawfully.

 

I don't know how best to present those arguments though and indeed if the judge will place any value on them?

[noomill060]

Subbing with interest

[MrHat]

When is the hearing?