Recieved court form

by Cookiemonster2 Thu Mar 31, 2022 3:48 pm

I got claim from, sent of acknowledgement, now writing up defense.

history of this case

Over year ago DC sent Pre-protocol reply forms, I asked for deeds and CA in forms paid £1 for CCA request gave 30 days. No deeds but got CA and default notice from them 50 days later.

They got sneaky and used £1 to pay on alleged debt. but only after me telling them i tell authorities of their illegal move, they removed it.

Now they go for court.

by waylander62 Thu Mar 31, 2022 4:15 pm

have you sent off a DSAR to the original creditor yet ?

a part 18 request for further information would be a good move based on their particulars of claim.

dont submit a defense too early, get as much information as you can first.

to let all who post know what time we have what is the date on the claim form

by Cookiemonster2 Thu Mar 31, 2022 4:17 pm

yes got SAR from the original creditor.

date from 24th March

by waylander62 Thu Mar 31, 2022 4:19 pm

ok, when you say you have received a copy of the agreement where did it come from ? did the Claimant send it in their response to your CCA request ?

by Cookiemonster2 Thu Mar 31, 2022 4:21 pm

yes it was the claimant sent it in reponse of a CCA request

by waylander62 Fri Apr 01, 2022 11:00 am

so you should have a copy of the agreement sent to you by the original creditor in the SAR, have you compared the 2 agreements ? are they the same ?

also in the SAR is there a default notice ?
is there a notice of assignment ?

by Cookiemonster2 Fri Apr 01, 2022 11:22 am

It had default notice, there is slight differences between both both credit agreements, dont look the same.

will check if had notice of assignment

by waylander62 Fri Apr 01, 2022 11:36 am

in respect of the agreement that is interesting !?

maybe the agreement sent by the OC was unenforceable ? and the DCA who bought it have tweaked it where necessary to change that ?? who knows

the problem is without seeing them in full really it is impossible to tell.

are the default notices the same ?

by Cookiemonster2 Fri Apr 01, 2022 12:31 pm

I will scan both, see where it goes

Defults the same

by **assassin** Fri Apr 01, 2022 6:51 pm

If you have two different documents with different wording then simply let the court set it aside as fraud has occured and this can be reported to the police. I would suggest sending both to Waylander if he is agreeable and let his critical eye go over them.

by waylander62 Fri Apr 01, 2022 7:20 pm

i could take a look

recently dealing with a claim where the credit card was started october 2005 and agreement is clearly stamped by the original creditor as being received in march 2006 !!!!

no signature just a tick in a box and defendants name simply typed in anyone who could have produced this garbage.

by Cookiemonster2 Fri Apr 01, 2022 7:40 pm

post them here or Pm???

by **Lopsum** Sat Apr 02, 2022 3:40 pm

we cant send any files via pm so it will have to be on the site or via private email, you could make a new email account for the task if you are worried about security, and exchange that via pm.

by Cookiemonster2 Sat Apr 02, 2022 3:57 pm

thankyou Lopsum

by Cookiemonster2 Mon Apr 18, 2022 10:57 pm

The claimant refuse to hand over what I asked for, gonna put in defense after repeated request the claimant failed to prove they're owners.

And about their non-compliant credit agreement?

by Cookiemonster2 Wed Apr 20, 2022 5:39 pm

is this on the right track for a defense???

Defense

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

The Claimant’s Particulars of Claim states the agreement was entered in 16/02/16

A CCA Request was put forward to claimant on 07/02/2021

by memegirl777 Tue May 24, 2022 1:36 pm

I recently sent an SAR to the DCA ,
Just because why not,
It had allsorts of info call transcripts between both me and the DCA ,
And the solicitor and the DCA , some very useful stuff which caught them out ,
For the price of a recorded letter I would defiantly do this,
I may be wrong but if you can prove the date you requested the documents and the date you then received them , is this not unenforceable if more than 12 days +2 ?
And your thread reads 50 days ?
sure someone will answer that .

Have you acknowledged the claim requesting the 28 days ?

I believe the SAR has to be answered within 40 days ( put all info on so they have no excuse to delay , when received Read ,Read and read again ,
I got 172 pages , some of the stuff was gobsmacking ,
It proved they had no documents for over 6 months after the claim was issued ,
If you have the 28days you may have time to get the SAR ,
I leave the defence until a couple of days before due so you're not giving them the heads up on anything then I send it special delivery once finalised ,
And do not get caught out like I dis I sent it to registered office of solicitors whom share with their client , they reckoned they had not received it , even though I had the tracking number and date received ,
Send it to the address on the claim form , (personally I would send it to both , And always recorded ! they are lower than rats as I discovered !
Some of the above may be incorrect but again I'm sure others will correct if so.

by Cookiemonster2 Tue May 24, 2022 1:52 pm

acknowledged and defense sent. Got SAR from originals last year and all post is recorded.

by memegirl777 Tue May 24, 2022 2:21 pm

Send SAR to DCA too .
It won't do any harm . ..
I sent mine after claim issued .
You'll find post marked CCA REQ which they can't dispute and their response which they can't dispute.
This won my case ,
A premature claim.
Struck out before the claimants solicitors had said 3 words !

by Cookiemonster2 Tue May 24, 2022 7:37 pm

SAR to DCA?? It will show the post mark on CCA???

did you do a part 18??

by memegirl777 Tue May 24, 2022 8:01 pm

It will have transcripts and computer / system logs stating received ,
And a copy of the cca which will of been stamped post dated on receipt ..
Mine had just this ..

by Cookiemonster2 Wed May 25, 2022 3:58 pm

what did judge strike yours out on?

by memegirl777 Wed May 25, 2022 8:57 pm

Premature claim ..
I had sent a CCA Request ,
It got to them before the claim was issued and within allotted time ,
I could prove this as I sent recorded .
They had added days on to the CCA received date to coincide with claim ..
Yet transcript also backed up this fact that didn't have the documents they claimed to of sent till months later ..
If you sent a CCA req and they did not forfil within the alloted time 14 days it is unenforceable.
I.e they cannot lawfully claim from you .
Get that SAR sent
Ref no
Name
Address
Date of birth

by Cookiemonster2 Wed May 25, 2022 10:09 pm

Thankyou very good information, i'm not giving rats one inch

by flyingfish Thu May 26, 2022 2:12 pm

Did they respond with your CCA request in the end, providing the required information? It is said that they cannot enforce the (alleged) debt if the CCA request is not complied with within 12 working days, however that's not a permanent bar and only applies until such time as they they do finally respond. For example s77(4). (For running credit agreement s78(6) reads the same).

(4)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement

If I understand correctly Memegirl got her CCA request in more than 12 days before her court hearing, and at that time it had not been responded to, making it unenforceable at that time.

I can't actually see where the 12 working days is specified in the CCA, was that set by case law, or some other statute? I've also seen some reference to a further sanction if they don't comply within one month (or one further month) but again I can't see where that is actually defined.

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