Hello again. Slighty worried and in need advice......again

debtman2007

Just to confirm :-

the default notice was received on 21/11/07

the CCA was received on 27/11/07. they have enclosed a full statement of account and a copy of the legall loan agreement. It shows balance payable, apr, number of repayments, signatures. Then a page of terms and conditions. wish i could find a way to scan it

debtman2007

Hello again, Getting late now but i have attempted to take photos and upload them. i have sent you links in PM. obviously not as good as a scan but you may get an idea of what they have sent. Its a bit of a long shot so no worries if they are worthless

10past6

debtman2007 wrote: »

here lies a problem for me, not sure if i could explain it to a judge. not a confident speaker. how many people would be there?

3 people, the Judge, any defence lawyer, and you, you're an LIP and therefore not expected to make long legal speeches, however, the onus is on the defendant to translate to a judge any legislation breaches the claimant has made.

Some of the details within those links are to blurred for me to read, but from what I can make out, it appears the CCA does comply, can I confirm, those 8 links you sent me, are they all for your CCA?

If so, can you send me a copy of the default notice and termination letter?

RAS

debtman2007 wrote: »

Yes i was advised to admit teh claim, i assumed that was correct because the CCA was ok this is what i would need to do

here lies a problem for me, not sure if i could explain it to a judge. not a confident speaker. how many people would be there?

Debtman

Even if the CCA is correct, the case can be disputed if the default and termination letters are faulty.

And "going to court" is OK. Three people in a room in your local court, IF Restons can be bothered to send anyone. Good chance that they will assume that you are too scared to go to court and expect to win by default.

So you may not even have to explain anything.

The judge will assume that you are a bit scared and do not know legal terms. And having seen 10past6 coach a couple of other people, as long as you tell the judge what 10past6 asks you to tell him/her you should be OK.

I remember one guy who won his case but did not even realise it until he reported back here. That stopped the CO on his house.

debtman2007

10past6 wrote: »

3 people, the Judge, any defence lawyer, and you, you're an LIP and therefore not expected to make long legal speeches, however, the onus is on the defendant to translate to a judge any legislation breaches the claimant has made.

Some of the details within those links are to blurred for me to read, but from what I can make out, it appears the CCA does comply, can I confirm, those 8 links you sent me, are they all for your CCA?

If so, can you send me a copy of the default notice and termination letter?

I have copied all i have. there are 6 links relating to the CCA. i have linked the default notice also, unless it isnt a correct notice. they are in teh 4th and 5th links.

Is there a template of a correct CCA anywhere? 1st credit have finally sent me some paperwork and i wanted to check that out too.

thanks again for taking the time to help me

RAS

debtman

Does your local libary have computers? They may have a scanner. if you are not a member, take a utility bill or your CT bill as proof of residence.

Sounds like the CCa is correct as you guessed but 10past6 needs a better copy of the default letter.

10past6

I've found what I'm looking for, the default notice does NOT comply with legislation, therefore making it defective, thus the termination of your account is also unlawful.

As it stands right now, you don't have an agreement with them due to them terminating the agreement, however, they won't accept that, as a licensed credit holder the claimant should be fully aware what the legislation requirements when issuing / terminating an agreement, if they don't tough on them.

Where do you go from here, well, you MUST acknowledge the court claim as per my post earlier, then, but this is your decision, I would suggest you deny the claim and explain the reasons why you don't admit the claim.

Creditors / DCAs view these forums and therefore I'm not going to educate them by posting publicly what legislation they've breached, if you need the details PM me.

Your time is limited re acknowledging / defending the claim, you need to take time out and decide what course of action you're comfortable with.

useruseruser

debtman2007 wrote: »

Thanks for the replies. I very worrying. I have never been to court and wouldn't know what to expect. Would i have to speak to teh solicitors or to teh judge? either way im not a very confident speaker so would probably not present myself in a good way. The court in Northampton isn't very close to me either. I noticed they have added a £367 collection, £80 solicitors fees and £75 court costs.
i will speak to the CCCS on monday but the forms look quite confusing to me.
Looks like the next few months will be RUBBISH.

Im not sure how they expect me to pay more. All of my DMP payments have been in full and on time, surely that will go in my favour? Its not like im choosing to pay nothing.

IF they do issue proceedings against you get on the courts website straight away, or phone and speak to the court clerk, they are very helpful and very nice. You need to either admit the debt or defend it. If you are already paying it though you will probably need to admit it. Then offer a monthly payment when you admit it, normally the judge will rule witih a payment order on your CCJ.

The solicitors can then take it back to court to request a charging order, that is where you defend and state you are in the payment plan and haven't defaulted on the court order, if you get a decent judge he will throw it out. If you get a not so nice District Judge he will grant the order.

Then they will threaten to force the sale of the house, if you have kids no court will force possesion of your house. If you don't have kids it is still highly unlikely any court will grant an order of possession on it, unless you stop paying your mortgage.

Don't confuse this with a 2nd mortgage, it is a secure loan, that is all.

Message me if you want some advice

Northstar68

This is very helpful advice for me too, going through similar, thank you very much.

10past6

Some aspects of this post are incorrect

RachieD1 wrote: »

You need to either admit the debt or defend it

Incorrect, the defendant has a legal right to deny any "alleged" debt.

RachieD1 wrote: »

If you are already paying it though you will probably need to admit it

Incorrect, it's for the claimant to prove there case by producing documentation as per legislation.

RachieD1 wrote: »

Message me if you want some advice

No disrespect, but do be careful ab out seeking advice via PM from those with minimum knowledge within the debt industry.