Help Claims Form Received From Court

DeBilde

I have received a Claims Form from Slough county courtwith regards to a loan I had with Northridge Finance. It is dated 10th September but the letter was not sent until the 13th September by their solicitors Ascot Lawyers.

I am wanting help on what to do next, I was told by various people across the forums that the DN was invalid due to date for resolution being too short.

They terminated the account on the 3rd March 2010. I then sent a letter accepting their unlawful repudiation. I then got another letter of termination dated 27th March 2010.

I sent them a SAR at the start of July 2010 they replied 3 days later with a copy of the agreement, DN and TN. I sent a letter back after the 40 days had expired explaining they had not sent any logs with payments and charges included, also any when any correspondence was sent or received. They have never replied.

Here is the POC:


1. By an agreement dated xxxxxx under agreement number xxxxxxxxxxxx made between the Claimant and the Defendant, the claimant agreed to loan the sum of £15,000. A copy of said agreement and terms and conditions are attached to the Particulars of Claim.
2. The said Consumer Credit Agreement was regulated by the Consumer Credit Act 1974.
3. Under the said Credit Agreement the Claimant agreed to loan to the Defendant the net advance of £15,000.00 and the total charge for credit was £7,575.00 making a balance payable of £22,575.00. The said loan was to be repaid by 1 instalment of £523.75 commencing on 27 June 2008 followed by 59 instalments of £373.75 commencing on 27 July 2008. The APR applicable to this Agreement in respect to interest charges was 19.00% per annum.
4. The Defendant failed to maintain payments under the terms of the Agreement so that on £1,317.00 (obvious error here) the claimants sent to the Defendant a Default Notice under Section 87(1) of the Consumer Credit Act 1974 requiring the Defendant to pay the arrears that were then outstanding of £1,317.00 on or before the 21 February 2010. The Defendant failed to comply with the terms of the Default Notice and formal notice confirming termination of the Agreement was sent by the Claimant to the Defendant on the 29 March 2010. A copy of the Default and Notice of Termination are attached to the Particulars of Claim.
5. The balance of the monies payable under the Agreement amounted to £22,575.00 the Defendant has paid £6,048.46 under the Agreement and the balance remains outstanding in the sum of £16,526.54.
6. The Claimant claims interest pursuant to the said Agreement at the rate of 19.00%.
7. The Claimant claims indemnity costs pursuant to Clause 4 of the said Agreement


Can anyone help me?

DeBilde

http://img185.imageshack.us/gal.php?g=39569637.jpg

Copy of DN

RAS

I make the relevant dates 03.02.10 and 21.02.10, in which case it meets the legal requirements.

I strongly advise that you send a pm to 10past6, who is very good on these but has not been here much recently. His other activities may have calmed down and he may be able to help you.

DeBilde

Thanks for that but 10past6 has not been on-line since July 17th. Are the dates still OK sent 2nd class? I thought this gave a debt for resolution of 22nd February? Also they say it must be resolved before the 21st meaning the 20th would be the last date for resolution.

Thanks

simon_the_poet

any update on this?