NRAM contact letter

[Andyorch]

Hi Worried

 

could you possably type up the Claimants P.O.C (verbatum) in order to cross check your defence to the particulars.You need to refute all points of the claim to submit a successful Defence.

 

Regards

 

andy;)

[Andyorch]

Thankyou everybody for your help. The POC are:

 

The Claimant's claim is for the sum of £2xxxx.xx being the amount due on account ref 12345678 being a credit agreement regulated by teh consumer credit act 1974.

 

A consumer credit default notice has been served by post on the defendant and has not been complied with Interest continues to accrue on the amount due at the contractual rate stipulated in the credit agreement.

 

Have also just noticed that the amount they are claiming in the court is more than the amount on their termination notice - could this be an error or interest?

 

Thats all. Will the defence do, should I leave paragraph 5 in? Thankyou so much for your help with this - I was really worried and concerned before finding this site but am feeling loads better about it now.

 

is the above highlighted point within the agreement?

 

Regards

 

Andy

[Andyorch]

If not you need to refute it with something along the lines of:-

 

 

Regarding that which is denied, the claimant seeks to claim contractual interest pursuant to section 69 of the County Courts Act 1984. It is therefore averred that this claim is brought in relation to a personal loan which is credit as defined within the Consumer Credit Act 1974, the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974.

 

 

Regards

 

Andy

[Andyorch]

"Does any of this affect my defence? Any answer on paragraph 4? Can I include that in my defence if I don't actually know if they are included?"

 

Well you can bet your bottom dollar that there will be so include the above

 

With regards to my earlier point re the agreement if you have not been suppied page 2 which contains the T&C then the creditor as failed to complete your request and remains in default, which should also be supplied with statements.

 

 

Regards

 

andy

[Andyorch]

Thanks Andy - I will send the defence off to the courts tomorrow.

 

In regards to the agreement - do the statements regarding monthly amounts conform to the credit agreement act? I know we will have to wait for the rest of the t&c's before we can discover if anything else is wrong but the DN seems like a great place to start.

 

Thanks for all the help

 

Irrespective of the monthly payments I have just looked at the agreement again and can not see anything referring to a (see page 2 or overleaf) therefore your signiture is not within the 4 corners of the agreement and T&Cs and IMHO is unenforcable due to that fact ( the fax says 2/2 so lets not write it off completly

 

Regards

 

Andy

[Andyorch]

Just under the declaration by you part the first statement is:

 

You confirm that you have read and understood the terms and conditions above and overleaf; your particular attention is drawn to Clause 14 overleaf.

 

So I guess that answers that then.

 

Ah didnt see that your eyes must be better than mine:rolleyes:

 

Its a very bad microfiche copy bet they didnt scan page 2 though you need to put them to strict proof to disclose the page 2 the original they will have to if this gets to trial

 

Regards

 

Andy

[Andyorch]

That is why I state theT&C must be linked to your signiture either by number or letter and not simply referred to as see overleaf otherwise any T&C could be used and you would have signed and agreed to something not within the signitory area,This forms a correctly executed valid CCA along with the perscribed terms.

 

Regards

 

Andy

[Andyorch]

Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.

 

 

Its imperative that you both defend and both submit defences and both AoS with the intention to defend.Everything in duplicate

 

Regards

 

Andy

[Andyorch]

Change his AoS to defend all is this a MCOL summons?

[Andyorch]

if not write a letter to the case manager explaining your circumstances ie seperated and that there as been an oversight and that he wishes to change his plea,Dont panic it can be changed

 

Andy

[Andyorch]

Just address or ask for the Case manager dealing with your claim number and explain the situation he will have to submit the same defence and also request info via the CPR everything same as you

 

Andy

[Andyorch]

Hi Worried

 

I summise the last part of your post is the Claimants Witness Statement in support for their Summary Judgement Application.So 6th August is the date for their application hearing am i correct in presuming?

Ok have you responded also by submitting your own Witness Statement or made an application objecting to the application?

Any statement by yourself must be submitted not less than 7 days before that date.

Application for Summary Judgement can also backfire on the Claimant and the case can be struck out at the hearing subject to what argument you have put forward in response to their application.

If you can clarify the above

 

Regards

 

Andy;)

[Andyorch]

Hi Worried

Take a close look at the Claimants copy AQ under the section applications check if they intended to make any, if yes check with the CC dealing with the case and ask if they have made any applications post AQ.I could be wrong but the above looks like a Witness Statement.

 

Regards

 

Andy

[Andyorch]

Yes just checked all the dates and paperwork too early for an application.(or is it)

Apolgies Worried.

 

Regrds

 

Andy

Edited June 23, 2009 by Andyorch

[Andyorch]

In the other information part they have entered yes for applications in the immediate future and said for "strike out/summary judgement" Keep checking Worried if they make application

 

In regards to my defence I just completed it myself pulled from similar cases on here.

 

I did send of a CCA request to NR and received a response requesting a certified copy of a legal document and signatures!

 

So therefore they are in Default of your request did you request this pre or post Litigation?

Regards

Andy

[Andyorch]

Thinking about it logically it probably is a witness statement responding to their reply to your defence. Its probably why they did the reply as they've put a lot of detail in there.

 

S.

 

I did smell a rat somewhere:D

[Andyorch]

Worried

 

You have till 6th August in anycase.The only way we will know if the Claimants have made application is by you ringing up the Court and asking if they have so.If so you should recieve a copy of the Application along with the Sols Witness Statement that they are relying on.You will have time to prepare your Statment in objection and can submit it at any time but not less than 7 days before the hearing.

If they have not made an Application you need to preapre for the hearing which should be detailed in the Order you have recieved.It may be for Case management to decide which Track to allocate the Claim to.

So 2 things to do Check with Court re Application.

Post a copy of the Order for the hearing set 6th Aug lets see what it states.We will take it from there when you confirm the above.

 

Regards

 

Andy

 

PS dont worry or be anxious;)

[Andyorch]

Hi Worried

 

The above order is standard and nothing to worry about.You dont even have to attend if you dont wish to.Its merely an allocation hearing as I stated in my earlier post 20.It will be allocated to Fast Track.I have delt with cases above £20k which have been fast track so no worries there.

Have you checked yet re Court any application????????????.They really are quite friendly people and wont shout at you:)

 

 

Regards

 

Andy

[Andyorch]

Ok worried our posts clashed

 

Did you recieve a copy of the Claimants AQ and if so can you post as much detail what they stated in it?

From here on the hearing will go ahead and you will recieve another set of orders this will include the track allocated and requesting that you both disclose documents and exchange by a said date.I will go through this at the relevent time.

 

Regards

 

Andy

[Andyorch]

Ok here is what is in their AQ (sorry for the delay!)

 

A Settlement= 1) No, 2) no, 3)no reasons: History of claim and issues raised in the defence.

 

B Location = No

 

C Pre-action Protocols = Yes

 

D Case Management information = amount £xxxxxx.xx

applications NO, witnesses = employee of the claimant

Experts witness and reports = no to all

 

Track = fast track comment "albeit that the value of the claim exceeds £15k the issues raised in the defence can be dealt with as a fast track matter. In the interest of savign costs we respectfully request that the matter be dealt with as a fast track case.

 

Estimate of time = 1/2 day (wow normaly 3/4 hours what are their predicted costs?

 

Proposed directions - attached not agreed with other party

 

G costs = £xxx.xx to date overall £x,xxx.xx

 

Fee attached

 

Other info - have you attached documents = no

 

Do you intend to make applications in the immediate future? = yes for strike out/summary judgement. (this is what i have been referring to earlier in your post keep checking they dont make application without your knowledge)

 

Proposed directions: (Standard no prob)

 

1/ Disclosure of documents by 28 july

2/ Inspection of documents by 11 aug

3/ excange witness statement of fact on 22 sept

4/listing questionnaires filed by 6 oct

5/ matter listed for trial after 20 oct

 

(didn't know if I should leave dates in to make sure they are alright?) Fine

 

And that was all - I don't think there was anything scarey in there but somebody with a better mind for this may see something.

 

 

Regards

Andy

[Andyorch]

Well done Worried

 

So a bit of Court expierience under your belt;)

 

Ok they have to supply and you will submit a full and particularised Defence before the next hearing.That is no problem just post up when and if anything recieved and we will take a look.Did the DJ not state what would happen if they fail to comply within the 28?

 

Regards

 

Andy

[Andyorch]

Hi Worried

 

I have not deserted you just got a bit on at the moment as you are probally aware.I will get back to you in the week

 

Regards

 

Andy

[Andyorch]

Hi Worried

 

The hearing on Monday is it a CMC? I note you have to exchange WS by the 22nd Sept.

 

Andy

[Andyorch]

CMC case management conference WS Witness Statements.

Sound like the DJ will just appoint track and issue yours and the Claimants Directions.Nothing to worry about or prepare for but it will give a little clarity to the direction of the case.

 

Andy

[Andyorch]

Yes Worried. update your thread after the hearing and i will run through your thread again.

 

Regards

 

Andy