HFO and court action forms - help

[vjohn82]

You print out the exhibits twice... and mark the appropriate exhibit number on each one.

 

I have amended the exhibit numbers from the first defence because it makes more sense to label the NoA as A1 and then any other document referring to "assignment" as A2 + A3 etc

 

They might try to provide different documents at different stages which vary to the originals they provided... they did it with mine anyway.

[hungrybear]

Well done John. Anyone would think you'd done this before:D

[vjohn82]

[darragh]

ok thank you Vj - so I think I can make sense of everything. I now need to print out statement as suggested. do i HAVE TO COMPLETE ANY OTHER PART OF THE CLAIMN FORM Opps - and then its sent to the court address. I assume I photocopy everything and send recorded delivery. DO i have to contact RaT? what happens after the court gets this stuff?. Sorry i probably seem like a numpty but all this is making me feel ill again... and I really dont want to visit that place again Many Many thanks

[hungrybear]

ok thank you Vj - so I think I can make sense of everything. I now need to print out statement as suggested. do i HAVE TO COMPLETE ANY OTHER PART OF THE CLAIMN FORM Opps - and then its sent to the court address. I assume I photocopy everything and send recorded delivery If posting to court then special delivery is a must. DO i have to contact RaT? No the court will do that. what happens after the court gets this stuff?. The court will review everything to hand and then either set a date for a hearing or set directions to be complied with by a specified time by one or both parties. Sorry i probably seem like a numpty but all this is making me feel ill again... yes the cretins like to do that to you. and I really dont want to visit that place again Many Many thanks

and remember , we're all on the same side here

[darragh]

Thank you - will i have to travel to Northampton? and what happens at a hearing?

[vjohn82]

I'll be honest and say I don't know... but I'm of the opinion that it is dealt with by the court manager and transferred to your local court.

[supasnooper]

I'll be honest and say I don't know... but I'm of the opinion that it is dealt with by the court manager and transferred to your local court.

 

 

vjohn is correct, the case will be transferred to your nearest court.

 

Have a read of the link below to see what happens at a court hearing -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

[darragh]

is a completed Barclaycard application form from 1994 counted as a signed CCA? and can that app. form be used as a CCA ?

[vjohn82]

In short no... but we need to take a look at it first. I doubt an app. form would have the prescribed terms

Edited December 7, 2009 by vjohn82
typo

[darragh]

this is the link http://i743.photobucket.com/albums/xx78/richdac_bucket/App1.jpg -

[vjohn82]

Well the good news is that this document is unenforceable, if it is the credit agreement, because it has no prescribed terms on it.

[Docman]

I agree it is not enforcable. The draft defence covers the point, so there is no need to add anything further to the defence.

 

Nevertheless, I suggest that the defence could be tweaked. The start of paragraph 4 states the claimant has failed to deliver documents. It appears that they have delivered some docuents. How about deleting the last part of paragraph 3 "and is thus eligible for a strike out under CPR3.4.2(a)", deleting the first sentence in paragraph 4 and then merging the two paragraphs into one.

 

I suggest a parapgraph could be added after 13 along the lines of

 

" The Defendant asserts that by case law, that the Notice of Assignment should make the debtor reasonable certain as to the identity of the Assignee but notes that the Notice of Assignment does not discose a registered office for the Claimant. The defendant asserts that there is not such company registered in the United Kingdom and that therefore there is no certainty of the identity of the alledged assignee. The defendant puts the claimant to strick proof of the Claimant's legal existence and its ability to bring this action."

 

[darragh]

Well the good news is that this document is unenforceable, if it is the credit agreement, because it has no prescribed terms on it.

 

what other document would there be that would serve as a credit agreement if this one was not enforceable ? This is confusing me or perhaps I am just tired

[vjohn82]

what other document would there be that would serve as a credit agreement if this one was not enforceable ? This is confusing me or perhaps I am just tired

 

Ummm... a credit agreement

 

I wouldn't worry... that document is not sufficient for the purposes of court action.

[hungrybear]

what john means I think is that technically there should be a cca AFTER the application is successful. Fortunately most OC's were so desperate to sign up us lemmings that they didn't bother with said agreement.

 

Hence you are left with this unenforeable dog poop.

 

docman I would never take out a reference in a defense to 3.4.2 unless I really had to. And that dog turd of an agreement really warrants putting another 6 in not taking one out.

 

The claimant has failed to deliver - still stands (or would sending a takeaway menu count as sending you a document)

 

and if you are going to say 'by case law' you need to state the case BUT I do like the style of your 'item 14' as it were docman and I would strongly suggest that something like that goes in

 

BTW what did I do to have the honour of 'classic account holder' bestowed on me? or is it just a length of service or 'feel the width of his posts' thing?

[patrickq1]

ppi on this document ,has that been deducted where u self employed ? document is to be rendered unsafe

[patrickq1]

classic always wondered what it meant

[hungrybear]

classic always wondered what it meant

 

 

well you're a fat lot of use, in the same darkened room as me:p.

[darragh]

so i guess my defence remians the same as vj stated before?

[darragh]

i dont even recall the ppi bit - no not self employed. does that make a difference?

[darragh]

if i have already sent an AoS online what do i need to fill in on the claim form when I return it with my defence statement

[Docman]

You can file your defence online as well. That way the court take care of notifying HFO.

[patrickq1]

you also need to go back to the origional company as someone has signed you up for ppi payment whitch can amout to upto 30/40 pounds per month ,self employed would more or less render the aggreement mis sold on ppi and every penny back alsi if you are disabled you may have been mis sold,and last but not least someone has tampered with the application and put you down for the extra ppi payments so firstly you have grounds to dispute all the ppi monies paid you insist this is deducted from the total claimed,

patrickq1

[darragh]

ok - 1st point - if I file by special delivery do I also have to provide same defence pack to TR. ( by special delivery)