Northampton county court letter help!

nottoolate

rebel260 wrote: »

I posted the cca on the consumer action group site around 3 years ago.

have you asked there again? :idea:


start a new thread in their legal section

antrobus

So the claim is that the debt is unenforceable due to non-compliance with s.78 of the Consumer Credit Act 1974.

Unfortunately Carey v HSBC decided (in effect) that if there was a signed application form, all the debtor would need to do would be to supply a copy of the T&Cs that applied when the debt was incurred and thus 'reconstitute' the agreement. (Or something like that - there are lots of references to the case on the internet to check.)

So presumably you "complete the N9b putting the reasoning in as your defence in section 3" and state that your defence is that the debt is unenforceable due to non-compliance with s.78 of the Consumer Credit Act 1974 - failure to provide an executed copy of the credit agreement.

nottoolate

antrobus wrote: »

So the claim is that the debt is unenforceable due to non-compliance with s.78 of the Consumer Credit Act 1974.

probably not all of it.

if it was just an application form without the prescibed terms, then it would be a defence under s127(3). something that cant be rectified by a 'reconstituted' copy as per carey.

important to understand the difference between the 2

unenforceable via noncompliance with s78 is temporary and can be rectified with a reconstituted copy

unenforceable under s127(3) because an agreement containing the prescribed terms was never signed cant be rectified, as no valid agreement ever existed

rebel260

I have just recieved a court date in January. What should I do next?

DVardysShadow

rebel260 wrote: »

I have just recieved a court date in January. What should I do next?

What have you done since April?