Got first set of court papers...help!

10past6

Hi Tracy

Blankie wrote: »

The figures on the default notices

I can only view one of those default notices, is it possible to re scan them?

Blankie wrote: »

are £3834.50 and £3096.86 (total £6931.36) so not exactly sure what they are claiming.

This is just utter wish wash on their part, these fuigures will be used within your defence, the part they cannot get away from within your defence is the faulty default notice issued.

Blankie wrote: »

BTW - found the other cca.

OK, have you had it confirmed whether it's enforceable?

Blankie

Ok, I'll ask hubby to scan the other default notice and the cca's so you can have a look.

They seem to be making figures up as they're going along. Also, there seems to be no mention of the overdrafts. The claim form from the court, under 'Particulars of Claim' says: The Claimants claim is for the balance outstanding under a personal loan agreement. Maybe theres another set of court papers to come for the other loan??

10past6

Blankie wrote: »

They seem to be making figures up as they're going along

OK, try not to become to stressed about the figures, at the end of the day, it's for them to explain how they've reached the figures.

Blankie wrote: »

Also, there seems to be no mention of the overdrafts.

OK, not sure if you're aware but O/D are not covered by CCA.

Blankie wrote: »

under 'Particulars of Claim' says: The Claimants claim is for the balance outstanding under a personal loan agreement. ??

Again, the onus is on them to explain, Judges don't take to kindly when they are not presented with the correct facts

Blankie wrote: »

Maybe theres another set of court papers to come for the other loan??

There could well be, going on the evidence you've presented they've not much on an idea what they're doing.

One important point, before they can take any legal action, there is a process they must follow before moving onto the next process, they've broke down at the first process by issuing a faulty defective notice, whatever they do after that really means nothing.

From what I've viewed so far, you have everything in your favour.

A judge is there to implement the law, don't take it for granted they're up to date with consumer law, therefore the onus is on you to prove what legislation they've ignored.

If, and this is a big if, it's proved they've breached the legislation and the case is dismissed, they can only claim the arrears stated on the default notice, the remaining balance is kissed goodby because they've terminated the agreement unlawfully.

I hope I've managed to calm you down a little with my explaination.

Whatever you do, DO NOT INFORM THEM until required to do so where they've tripped up.

Blankie

Here goes!

Blankie

Blankie

Blankie

Last one, for now at least!

Blankie

Just shamelessly bumping this up to the top.

2520years

You can't believe banks can get it so wrong...actually, yes you can!

What ever happened with this blankie/10past6?

RAS

Bump this up the pile.