***just Been To Court And Won ***

[dencha]

The CCA has to be signed by both parties to be enforcable.

 

They have to produce by the dates you have reasonably given them in previous correspondence.

 

If they fail to produce anything at all that you have asked for, that is your defence and you can ask for the claim to be struck out in court.

 

dencha

[louiboy]

If they do by some miracle manage to supply all the documents required. They it’s time to check them carefully to see if they comply with the Consumer Credit Act. Lack of prescribed terms can make the agreement automatically unenforceable. Other missing terms leave the enforceability in the hands of the judge.

 

A document with my dad’s signature on it would be binding. Just spent the last 8 months in court with Black Horse and DLC. All the produced was the front page of a credit agreement with my signature, signed by Black Horse and a typed piece of paper with some alleged payments. (not a statement of account).

 

Judge marked for proof/evidence. That they should comply with the CCA 1974 request or case dismised. Few weeks ago Black Horse asked for the case to be abandoned.

 

So don’t give up until the Fat lady has finished singing.

[renegotiation]

Do I send off any more letters to them or do I just leave it as it is? Do they have to physically turn up at the court or can they mail their evidence to the court?

[renegotiation]

Just boosting this up.

[dencha]

Write to them and tell them that as the matter is before the courts they must supply you with all the required information within 7 days as it will form part of your defence and counter claim. This info has to be supplied FOC.

 

If they do not keep to your time table then you will need to inform the court that they have failed to supply you with the required information to make a defence and counter claim.

 

If I am wrong on this then I will be corrected no doubt.

 

dencha

[dencha]

I would send 'Special Delivery' as guaranteed next working day. Do not send recorded delivery. Same to do with anything regarding courts.

 

dencha

[renegotiation]

Is there a standard court defence letter I can use to fill out the court form? Do they have to turn up to the court in person?

[dencha]

If neither party turned up the claimant would win by default.

 

If you turn up and the claimant does not, then you win by default.

 

If both turn up then you rely on your defence. I do not know if there is a standard defence form as it would depend on the circumstances of each case.

 

At the moment your defence would be that they have not supplied the requested information as requested as it is their duty to supply.

 

dencha

[renegotiation]

Right. I have come to a much reduced settlement figure for my father with DLC to avoid court. I want to be sure that it is all legal. What should I request from them? Obviously I know about asking for a formal letter outlining the deal and i'm not concerned about a statement of account, as i'm happy with the figures they provided. Is it just a Deed of Assignment and an original copy of a signed C.C.A. or is there something else I should be requesting?

 

P.S. I sent a C.C.A. request to Connaught's and they disappeared.

[renegotiation]

I am just bumping this up a little before it disappears off page 1. I want to try and get off a letter today.

[renegotiation]

Oh well. One last bump. It's been 29 days since my original C.C.A. request by the way and 27 days since my original information request on the basis of Civil Procedure Rules. I have received absolutely nothing from them. If they don't provide the C.C.A. to complete the deal with us to avoid court can they just turn up to court with it? I had to file my defense 2 days ago after waiting the maximum time that I could. By the way I want to make sure everything is 100% right on the settlement deal, as I have heard horror stories about D.C.A.'s reappearing for previously settled debts.

[Josie8]

Yes they can bring it to court with them but then a) they have to explain to judge why they haven't produced it to you and why they are in default (of your original request) and b) the Judge will have to examine the document to see if it is a true executed copy of the original agreement (i.e.both signatures and all prescribed terms etc). if it isn't he will have to throw their case out (& if he didn't it would be won on appeal).

 

So.......they are only days away from winning in court but because they are such nice guys they're going to settle for substantially less??? I don't think so. They know that you will definitely be attending so a) they won't get a win by default b) the first thing you're going to be asking for is the agreement c) the judge will be examining agreement (or lack thereof) and if he isn't satisfied they will lose and your fathers debt will be wiped clean.

 

Think I can see why they are offering you a special deal and yes you have to be very careful because another firm of DCA's could pop up in the future - but not if your dad has won in court.

 

Don't forget if they don't turn up then you will win by default because you will show the judge that you asked for the agreement under CCA act and they are in default of that and also that you asked for disclosure for your defence and they haven't given you that either.

[renegotiation]

Thank you Josie.

[renegotiation]

After 3 months and 10 days since it first hit our doormat the claim by DLC was finally struck out today. A huge, huge thank you to Tomterm8 and Josie8 for helping me massively at the start of all this, moral support and practical advice was very much needed. Thanks to Dencha and Louiboy for providing some follow up advice. Last, but certainly not least, thanks to Rory32 for providing assistance with a final defence and liaising with some of the mods in this process (don't know who but THANK YOU) for me. My father will feel so much better knowing he doesn't have to worry about court any more! A HUMBLE AND HEARTFELT THANK YOU EVERYONE. THANK YOU CAG.

[rory32]

Great result. Out of interest what reason did the judge give for striking the claim out?

 

If it's okay could you possibly post the defence I gave you so that others can refer to it?

[renegotiation]

Yes, of course. They had the deadline of 4p.m. yesterday to provide information. I rang the court today to find out what had happened. They told me it had been struck out. I guess the official letter will turn up tomorrow or the day after. I was too over the moon to ask exactly what the Judge said! :-0 I will get everything together and send it to you after the letter arrives.

[tomterm8]

Cool. What defence did you use?

[rory32]

What defence did you use?

Hopefully it was the one renegotiating was given as shown below:

 

1.I object that the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

2. On 15th May 2007, I submitted to the claimant a formal demand under section 77-(1) of the Consumer Credit Act 1974 (“The Act”), requiring the claimant to provide true copies of the alleged regulated credit agreement, along with true copies of all documents referred to therein. The Claimant has failed to furnish the requested documentation on time, or at all. Therefore until such time as the claimant complies any alleged debt would be unenforceable by virtue of section 77-(4) of the Act.

 

3. Further to paragraph 2, on 17th May 2007 I submitted to the claimant a written request for a copy of the alleged credit agreement, as well as other important information in respect of the account referred to by the claimant, such as details of any fees and collection charges levied to the account. The requested information is essential to enable me to file a full defence and counterclaim. The claimant was advised that as this matter was subject to legal proceedings, the information requested must be furnished by the 28th May 2007. The claimant has failed to comply, but responded in a letter dated 30th May which stated that it would suspend its action pending the disclosure of the requested information. A copy of the letter is attached to this defence.

 

4. For the avoidance of doubt, to date the claimant has failed to produce a credit agreement to substantiate their claim that monies are owed under a regulated credit agreement, and therefore I do not acknowledge any alleged indebtedness to the claimant, and the allegation contained within the Particulars of Claim is denied.

 

5. I further object to the claimant’s indication in section A of its allocation questionnaire that it has supplied information, documents or evidence to me in order to assist in settling the claim. As pleaded above, the claimant has to date supplied no such information despite repeated requests to do so.

 

6. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

7.Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph's 2 and 3 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

I, the Defendant, believe all facts stated to be true

 

Signed: Dated:

 

You need to attach all correspondence - I.e the requests, replies, etc. and also attach this, an N266 notice to admit facts;

 

http://www.hmcourts-service.gov.uk/c.../n266_0499.pdf

 

Quote:

I (We) give notice that you are requested to admit the following facts or part of case in this claim:

 

1. That the Claimant has not exchanged information and/or documents (evidence) with the Defendant, contrary to the Claimant's indication in section A of it's allocation questionnaire.

2. That the Defendant has submitted two separate requests to the Claimant for essential information and/or documents (evidence), as detailed in paragraph's 2 and 3 of the defence.

3. That the Claimant has failed to comply with either request.

[renegotiation]

Aye that's the one!

[sequenci]

brilliant stuff

[diskmandave]

Bravo, and Brava respectively!

 

 

Balloons!

 

 

Brilliant result, well done!

 

Congratulations! - Dave.

[rory32]

Renegotiation out of interest do you know if they ever responded to the N266?

[renegotiation]

We received the court letter today. It didn't say much. It just said claim struck out because the claimant didn't respond to the court order for Disclosure of Information. No, they didn't reply to the N266 either. I am getting a nice frame made to hang it on a wall. I am very sorry that their ultimate desire of getting a Charging Order was not realised. Such a shame things didn't go how they wanted. Oh well... I'm sure they have other 73 year olds to bully and terrorise. Onwards with the fight. THANKS TO EVERYONE AGAIN.

[NADEEM]

Happy days and well done!

[clutchingatstraws]

Good on you

 

Renegotiation

 

Well Done a great result for all CAGGERS