link financial - court papers already!!

louietudor

if you think its worth ill go for it - not sure what to do with this form N9B though - i think i just tick i dispute the full amount and that i dont dispute it because i have already paid it and in the defence put that under the consumer credit act 1974 amended 2006 that the amount of time to pay in full as per letter date 11.12.8 does not give the precribed 14 days and therefore the correct default procedure was not taken and the default is defective??

10past6

If you're going to dispute it, then dispute the whole amount.

Then enter your defence.

Remember, don't involve Payplan if you choose this course of action, and ignore the N9A form

louietudor

does this defense work for you

under the consumer credit act 1974 amended 2006 the amount of time to pay in full as per letter date 11.12.8 does not give the precribed 14 days and therefore the correct default procedure was not taken and the default is defective

plus another thing im a bit confused the 14 days bit - they gave me more than 14 days on the default issued 15.11.8 they gave me to 7.12.8 or does the letter dated 11.12.8 supercede it

10past6

At this stage, you only need to give a brief description of what your defence is.

Don't go into to many details, you're statement will be passed to the otherside for them to consider there next move.

This is what I would put for now:

I dispute the claim based on the claimant not complying with the correct legislation within the default notice, and therefore unlawfully terminating the agreement.

Leave it at that for now.

If and when you get a court date, you'll have 7 days before the hearing to submit the defence you'll be relying on in court.

louietudor

plus another thing im a bit confused the 14 days bit - they gave me more than 14 days on the default notice issued 15.11.8 they gave me to 7.12.8 or does the letter dated 11.12.8 supercede it

sorry i added this after your previous reply

10past6

The letter dated 11th December is your termination letter, it's not a default notice.

louietudor

im sure im being thick cos i just cant get my head around the14 days and where exactly they havnt followed procedure - the default notice dated 15.11.8 gave me more than 14 days?? - it was the termination letter that only gave me 7 ( im sorry if im hard work and im sorry for anyone else following this if im confusing them)

10past6

The DN gave you 14 days to fix the remedy.

It stated what action they would take if you don't fix the remedy.

You failed to fix it within that time.

The 14 days have now passed, and as stated within the DN they will take xxx.

Now there taking the action stated they would within the DN

They are now informing you that in 7 days, xxxx will commence.

Does that explain it?

louietudor

i think im almost there but before i send the defense off am i now at last seeing it correct.. (takes deep breath and goes for it..) the default notice on 15.11.8 gave me until 7.12.8 to pay the arrears - section 88 of the consumer credit act states they cannot take any action for 14 full days from this date so they are precluded from doing anything until 22.12.8 - the termination notice states they will terminate the agreement on 19.12.8 (letter issued 11.12.08 with 7 days) and they therefore failed to give me 14 complete days making the default defective

theres so many dates and things to think of that once i think ive got it another thought pops up that makes me doubt it :mad:

im sure i want to do this now

10past6

louietudor wrote: »

theres so many dates and things to think of that once i think ive got it another thought pops up that makes me doubt it

You need to take a step back, at this stage you don't need to complete a full defence, end of!!!!!!!

All you need to do AT THIS STAGE is complete the N9B form with the details I gave in post 55.

You'll have plenty of time to get your head round dates and legislation prior to your hearing.

The otherside don't need to know your full defence at this stage, so why tell them?