Hillesden/Nolans Scottish Claim - Old EGG loan Debt

[Arwen]

I would get your credit report from Equifax as well. Sometimes they hold different information.

 

The lack of a Default Notice is potentially very important.

 

Did you receive a Letter Before Action advising you of potential court proceedings?

 

 

Can I just say that I have defended such actions in the Sheriff Court, and the Default notice plus the LBA, while relevent doesn't really mean much in a Court.

If they produce any computer produced copy of alleged default notice,that will unforuntately satisfy a Sheriff

 

Have you asked for a copy of your agreement under S77-79 of the CCA by sending a pound?

If Hillsenden Securities cannot produce original copy of CCA (and as above poster did say they need Deed of Assignment), they are basically ****ed.

 

 

Once you have checked s77-79 of CCA, you look at S61 and then S127.

 

 

Now the new CCa was reformed in March 2006.

All this did was change 127 slightly where 127 could not be enforced which was changed to court discretion.

 

 

However if you give a lot of legalese, you will find that a lot of pursuing lawyers and Sheriffs are up there for an easy time, and money for old rope,

and even thought they are solicitors and Sherrifs, they cannot be bothered with hassle.

 

 

This is because they do not expect defendants to turn up in court, and expect to get decrees without arguments.

 

 

If you turn up and start quoting CCA to them, they go purple, and either ask for a chance to speak with their client, or ask for a dismissal without expenses.

I got the latter for being an apparent smart arse

 

 

It is sometimes worthwhile speaking to the solicitor before the court, and he may appear for both of you and ask the case to be dismissed.

 

However if it is a small claim, I would check if your local court has an In court advice service, or check with Trading Standards,

as they usually have a person who deals with small claims, or your local Money Matters in your Local Authority or CAB,

all have been trained in Court stuff.

 

*please excuse spelling ,I am very tired*

[bgqs]

Hi mate,

 

I have asked for the following information:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1837621.html

 

The OC was Egg, which was then passed to Hillesden. DLC then advised that they were chasing the alleged debt for their client, Hillesden. Would they actually need a NOA if they are chasing for their client ?

 

Do you or Rory fancy giving me a hand on the day ? I am on the east side of Scotland

 

S76 - Seven day notice of intention to enforce ! (Seven day letter)

 

This was not received.

[rory32]

Can I just say that I have defended such actions in the Sheriff Court, and the Default notice plus the LBA, while relevent doesn't really mean much in a Court

That would depend on the arguments that you use and the circumstances surrounding the case.

Now the new CCa was reformed in March 2006.All this did was change 127 slightly where 127 could not be enforced which was changed to court discretion.

It didn't come into force until April 2007 and the changes to s127 are not retrospective.

 

Do you or Rory fancy giving me a hand on the day ? I am on the east side of Scotland

I'm afraid I live on the west side of Scotland.

[bgqs]

Okay no probs Rory....In the meantime, I will apply for my equifax report.

 

Requested equifax report today.

 

Hi all,

 

I have received a letter from Sol's advising that I had not signed the "Request for Information" letter and therefore, they were unable to help until the letter was signed.

 

It has taken over a week to get this reply. I did not sign it on purpose so that the signature could not be copied/pasted.

 

I am unsure as to the way to play this...I am thinking sign it and send it back with a letter advising them that their delay tactics are intentionally reducing the time I have to compile a defence....or shall I just sign it and send it back with a letter ?

[rory32]

You don't need to sign it and in fact I wouldn't. I would however write back to them and inform them that you feel that they are being obstructive in not supplying this information and will, should the need arise, report them to the court accordingly.

[bgqs]

Is there a requirement on me to actually handsign my letters and could the courts see this as a irrelevant detail ?

 

In other words, I dont mind putting the pressure on them to provide the requested information without a signed letter....however, I dont want the court to say that I have been unhelpful with the simple request for a signed letter for identification purposes.

 

What do you think ?

 

I want to apply pressure as they are seven days gone out of a 14 day request anyway and will probably fail to send me the information within the next week or so thus meaning I could apply to the court to get the case set aside due to the pursuers delay tactics.

[rory32]

Is there a requirement on me to actually handsign my letters

No. In fact you may wish to ask the sols why they have made this statement and what case law/statute they are relying on for making such a statement.

 

The reason that you don't sign letters is because it is very easy to scan, copy and paste a signature onto another document e.g. a credit agreement.

[bgqs]

Rory,

 

Is there any template for this ? I want to get the wording correct as this could be the 1st nail in the coffin for their case if worded correctly.

 

I want to advise them also that it has taken one week to reply to my request for information and that upon 14 days, I will be applying to the court to have the case set aside on the basis of obstructive action.

[rory32]

No there's no template letter. Let me have a think about one.

[bgqs]

What about this for starters ?

 

Further to your letter dated *** December 2008, I would question as to why you believe there is a requirement to provide a signed letter to request information relating to the above mentioned claim.

 

I would also ask you to provide the relevant case law or statute which stipulates that the defendant is to request information by way of handsigned letter.

 

Your reply, with aforementioned date, has taken one week to be issued. Your apparent attempts at delaying the supply of information is now delaying and frustrating the preparation of my defence.

 

I must advise you that if the information is not forthcoming within the next seven days, I will apply to the court to have the case set aside.

[rory32]

Fine. Just one very minor point, you are the defender not the defendant.

[bgqs]

thanks

 

Have you ever prepared a defense on the basis that the pursuer has failed to provide the defender the information it relies on to substantiate its claim ?

 

In other words, the defender has insufficient information to prepare a defense ?

[rory32]

Yes.

[bgqs]

Excellent....thanks for all your help so far Rory.

[bgqs]

Rory, the 14 days I gave them for information is now up. I have received one letter advising that I had not signed the original request for information and I returned this with the letter drafted above.

 

I have received no reply. At what point, would it be considered to late to compile a defense through lack of information. The case is to be heard on 21st January.

[sutherland]

It is sometimes worthwhile speaking to the solicitor before the court,and he may appear for both of you and ask the case to be dismissed.

 

Is that common? I wonder what his client/the company pursuing the debt would think of that?

[rory32]

I have only known that to happen sutherland where an agreement has been reached between the two parties. In other words you have agreed to pay up.

 

Quote

I have received no reply. At what point, would it be considered to late to compile a defense through lack of information.

When do you need to file your defence by?

[bgqs]

Okay, I have received a letter today which reads as follows:

 

Quote

We refer to your unsigned letter of 8th December 2008 which has purportedly been sent by you.

 

As you letter is unsigned, we clearly do not know if it has come from you or from some other person at your address or elsewhere who may have the capacity to intercept your mail or mail addressed to you.

 

In these circumstances in order to verify that a request for information has come from you we require correspondance to be signed. We should remind you that it is your responsibility to lodge a defense if you wish to do so. There is in Scotland, no such order to "have a case set aside".

 

It looks like they are playing hardball....what should I do from here ??? Time is running out !

 

Quote

Court hearing date is 21st Jan 09 and the return date is 14th Jan 09....

 

I presume it is the 14th Jan ? Is that right ?

[rory32]

I presume it is the 14th Jan ? Is that right ?

Ignore my previous comment (I was trying to do too many things at once).

 

As it's small claims you'll state your defence at the hearing - this can either be in writing or orally. The 14th is just the date by which you have respond to the claim, state whether or not you will be defending the claim and to what extent and return the claim form to the court.

 

what should I do from here ??? Time is running out !

You could make an incidental application to the court for the court to make an order for the pursuers to produce the documents by a given date. You can either do this in writing (the sheriff clerk can help you with the style of the application) before the hearing or you can do it orally at the hearing. http://www.scotcourts.gov.uk/sheriff/small_claims/forms/IncidentalApplication.doc

[bgqs]

Excellent...are you able to provide the correct wording for incidental application ?

[rory32]

Something like this should do.

 

Quote

INCIDENTAL APPLICATION

 

Sheriff Court:

 

Small Claims Summons Number:

 

Date of Next Hearing:

 

(Their name) Pursuer against (your name) Defender

(address) (address)

 

The defender seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The documents requested to be recovered are listed below:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records the pursuers hold on the defender relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by the pursuers, or by any previous creditor

b. Where there has been any event in the defenders account history over this period which has required manual intervention by any person, the defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

c. True copies of any notice of assignment and/or default notice or enforcement notice that the pursuersor the original creditor sent the defender, with a copy of any proof of postage that the pursuers hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of the defenders data as required by the Data Protection Act 1998

h. A list of third party agencies to whom the pursuers have disclosed the defenders personal data and a summary of the nature of the information the pursuers have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents the pursuers seek to rely on in court.

 

These documents were originally requested via a recorded delivery letter from the defender to the pursuer on (date). The pursuer has to date failed to provide any of the information requested.

 

Signed:

Defender:

Dated:

 

[bgqs]

Rory,

 

Many thanks for this...your scales have been duly tipped !

 

***UPDATE***

 

Hand delivered Incidental Application to Court in Person and was advised that a copy would be sent to the Pursuer with the Sheriff deciding the best way forward at the Prelim Hearing in Jan.

 

Should delay things somewhat at the very least !

[bgqs]

Rory,

 

Do I need to prepare anything for the Prelim Hearing in light of the incidental application being called at the first Hearing ?

 

Cheers

 

bgqs

[rory32]

I would simply take with you a copy of your initial request for information, the recorded delivery slip and a copy of the incidental application. I would also take a copy of the relevant parts of the Act that you will be relying on.

 

You may need none of these but it is better to have them for reference. Also assume that the sheriff knows nothing about consumer credit agreements - many are extremely unfamiliar with the Act.

 

I almost forgot also take with you the part of the 2006 Act which states that the removal of parts of s127 are not retrospective.

 

You probably won't need any of this at the first hearing but it's handy to have just in case. It's likely all that will happen at the first hearing is that the judge will give them a few weeks to come up with the documents and set a date for the next hearing.

[bgqs]

Thanks Rory...Have setup a folder for this one.