Cant pay at all, debtor's prison next?

[rhodium78]

Site rules mean no recommendation from what I understand.

 

Go to the SRA website...

 

The Law Society - Find a solicitor

 

Put in your post code and the specialisation you require, Consumer Problems/Debt and Money Advice (don't like how they split the specialities up) and search.

 

If you do Advanced Search, you should be able to find ones that do take legal aid as well.

 

You can also update us on where you are right now with this as regards documentation, etc so we can also take a look and advise whilst you get external legal advice.

[rhodium78]

Ok... I went through your whole thread looking for info but as you edited most of it... couldn't find anything.

 

Here is a template defence but seeing that I don't have the date of the agreement (2008 ) or what the POC states, or even if you received any Default Sums Notice for any default charges received, or an Arrears Notice, or a defective DN, I am blind here so you have to amend as you see fit.

 

This defence is courtesy of Atkin's Court Forms and a little bit of amending from my side... saves you a lot of time when you need to do a lot quickly . As there are multiple breaches of your agreement, you should be pushed towards a full trial based on the defence below. Take this defence with you to your solicitor when you find one as he will see ALL your paper work so he can go through the defence and amend as he sees fit.

 

 

1. Paragraphs 1 and/or 2 of the Particulars of Claim are admitted.

 

2. On 00/00/2008 the Defendant paid the Claimant the prescribed fee of £1 and requested in writing from the Claimant a copy of the executed agreement together with a statement signed by or on behalf of the Claimant showing:

 

2.1. the total sum paid under the agreement by the Defendant;

 

2.2. the total sum which had become payable under the agreement by the Defendant but remained unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

 

2.3. the total sum which was to become payable under the agreement by the Defendant and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each would become due.

 

3. The Claimant has failed to supply to the Defendant either a copy of the said agreement or a statement as requested.

 

4. By reason of the matters aforesaid and the provisions of Section 77(1) of the Consumer Credit Act 1974, the Claimant is not entitled to enforce the agreement.

 

5. Pursuant to Section 86B of the Consumer Credit Act 1974, the Claimant was obliged to give to the Defendant an arrears notice compliant with the requirements of the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007 on or before 00/00/2009 . The Claimant has failed to do so, and is therefore, by reason of Section 86D(3) of the Act, not entitled to enforce the Agreement. For clarity, this requirement applies to agreements whenever made as long as the breach was after this section came into force and the 2 missed payments mentioned under this section were not required to be made before 1 October 2008.

 

6. Pursuant to paragraph 5 in this Defence, the Claimaint was also obliged to give to the Defendant a copy of the OFT current arrears information sheet as per Section 86B of the Consumer Credit Act 1974. The Claimant has failed to do so and is therefore by reason of Section 86D(3) of the Act, not entitled to enforce the Agreement. For clarity, this requirement applies to agreements whenever made as long as the breach was after this section came into force and the 2 missed payments mentioned under this section were not required to be made before 1 October 2008.

 

7. On 00/00/2009, the Defendant breached clause XX of the Agreement by failing to meet the monthly payments. As a result, a default charge of £XX became payable by him under clause XX of the Agreement. Pursuant to Section 86E of the Consumer Credit Act 1974, the Claimant was accordingly obliged to give to the Defendant a notice of that default sum compliant with the requirements of the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007 on or before 00/00/2009 . The Claimant has failed to do so, and is therefore, by reason of Section 86E(5) of the Act, not entitled to enforce the Agreement. For clarity, this requirement applies to agreements whenever made as long as the breach was after this section came into force.

 

 

PARTICULARS

 

8. In the premises, pursuant to Section 86D, it is denied that the Defendant is liable to pay any of the following sums:

 

8.1 Interest during the period of non-compliance; and

8.2 Default sums which would have become payable during the period of non-compliance.

 

9. In the premises, save that it is admitted that the Defendant has failed to pay the sums claimed by the Claimant, the rest of the Claimant's Particulars of Claim are denied.

 

Apologies if I missed anything but it is getting rather late and my migraine has got the upper hand despite the pain killers.

 

I will flag this post to the site team in case I missed something otherwise I will catch it tomorrow. If you can post more info, that would be great.

 

Don't mind the typos please.

 

Ps. Need the dates of when you went into arrears (first time and second time) and the date of when you went into default and any dates of default charges.

Edited April 16, 2010 by rhodium78
typos

[diddydicky]

I've hit a brick wall trying to hire legal help now. After a a free half hour session, a local solicitor passed to on to a supposed specialist in this field, but all I got was a call back from an office girl trying to establish whether I would qualifty for legal aid. Replying to two internet "claims specialists" did no better. I just need to talk to someone who can tell me whether I might have a possible defence and with that out of the way, possibly the unfair agreement aspect. Just two weeks left now, where can I find an expert please ?

 

have you pm'd PT?

[rhodium78]

Excuse my ignorance diddydick as I haven't been here long but isn't it against site rules for a user to ask someone else for professional help or for the professional to offer services in request to someone's call for aid??? If not, then I apologise in advance for the misunderstanding.

[diddydicky]

nothing wrong with the poster p;ming another member and asking them to look at the thread and comment or give advice

 

the site is so big with so many threads that sometimes if you need advice from a particular member you need to alert them to your plight as they cant be expected to read all threads

 

you can also hit the red triangle for the site team to help and they may pass on the request to those they feel may be better able to assist

[rhodium78]

I already have hit the red triangle last night.

 

I was getting the impression that this was for professional services outside the forum as the OP was asking for external professional advice... not for advice on this thread and it seems I misunderstood. Apologies again.

[diddydicky]

I already have hit the red triangle last night.

 

I was getting the impression that this was for professional services outside the forum as the OP was asking for external professional advice... not for advice on this thread and it seems I misunderstood. Apologies again.

 

pt is a source of INTERNAL professional advice:)

[rhodium78]

Lol.....

[steve4kendal]

Nearly gave up on this because couldnt get any pro help as judge suggested, but after a new browse on here, I think I see the light now. Trouble is, I have to put in a new defence by this Weds. Does this need to be a detailed document, or can I just make a short statement to hand in this week and then work on finding legal precedents? Actual hearing is weeks off.

[rhodium78]

Good... have a look at the short defence posted previously... and inform us of whether you got a default notice or not and if yes, post it up so we can see if it is compliant... we need the dates unfortunately of when you went into arrears and when the default notice was taken out to see if the previously posted defence is a good fit for you.

 

So to summarise, dates of the various critical points in your agreement and the default notice.

[pt2537]

Excuse my ignorance diddydick as I haven't been here long but isn't it against site rules for a user to ask someone else for professional help or for the professional to offer services in request to someone's call for aid??? If not, then I apologise in advance for the misunderstanding.

yes, in general terms it is against the rules to openly post reccomendations of law firms,

 

however, requesting assistance from the site team is fine, as is someone Pm'ing you for help, at the end of the day were here to help those who need it, and if your not here for that, then your on the wrong forum lol

[steve4kendal]

I'm still going round in circles here Just rang CAB today and they cant recommend solicitors either. Seems to be a black art reserved just for crims and the like. Dont expect recommendations, but how can I find a brief who understands the finer points of law here? They all put the phone down fast when they suss that I dont stand to gain any money from a win!

[rhodium78]

Hi steve4kendal,

 

I empathise, I truly do.

 

Whilst you carry on your search, can you advise where you are at right now. Have you drafted up a defence to submit, have you submitted your defence already?

[steve4kendal]

In the absence of any specific advice, I had to submit a bare defence just saying that because no default notice was issued, the loan could not be legally enforced. That is all I have at the moment.

[steve4kendal]

...

Edited May 31, 2010 by steve4kendal
security

[cerberusalert]

Where did you sign the agreement, at home or on trade premises?

[steve4kendal]

Lloyds TSB branch

[cymruambyth]

You have left your signature on the agreements. LTSB / [problem] read these forums and can be prepared for your arguments.

[steve4kendal]

Seems like I'm scuppered again. Yes, they are watching, they told me so in a letter. I've now deleted the post and its links, but surely, if there was a hole in the agreement, it wouldnt be enforcable anyway? The judge is not conversant with consumer law and he told me to get a lawyer, but they dont want to know.

[cymruambyth]

Sorry it is late but have you sent in WS etc? You say only an embarassed defence but will need more to fight them in court,

[cymruambyth]

I had only sent in an embarrassed defence as they had failed to supply all the documents. I then had to submit a WS/defence which is post 303 here http://www.consumeractiongroup.co.uk/forum/legal-issues/190057-oh-bls-ltsb-16.html . I had a lot of help reaching this, you may find bits that can help you in court. I lost but part of the reason was that it was OH's debt and we didn't present the case as well as we should have and we had a very nice DJ who complemented me on my knowledge, but didn't know the CCA and DNs very well.

If you take any case references, make sure you have the cases printed in full with copies for the DJ which are hi lighted.

[steve4kendal]

Finally got the word from a pucca sol that I dont have a viable defence. With court this Weds I rang their sols offering £15 a month. They said yes, but you go to court and sign acharge on the property. I said no way.

[babybear39]

Take it to the wire, who blinks first

[steve4kendal]

meaning?

[steve4kendal]

...