Help/Advice needed please

[reallyhadenoug]

Re: Help/Advice needed please

Thank you so much, very reassuring We'll just wait and see what other drivel they send us, well it is nearly Christmas and they have to have their fun where they can lol!

Yes, I shall certainly look around the forum, thanks

[garlok]

Re: Help/Advice needed please

Hi really had enough,

Just stick with what Niddy says here. if the agreement inception was 2000 then it falls before the cutoff date of April 2007 and you still have the full protection of s127 in its original form. I would concur with waht he said in the judge at the time probably told them that they would lose and they discontinued. However we still win for members so tell your OH to chill out a bit and sleep easier tonight. Have a read around the site particularly in the UE diaries and you will soon see how others are dealing with their problems. You have support and help here and generally the site is manned almost 24/7. There is no abuse allowed here so do not worry about asking, even if you feel it is trivial, just ask away.

regards
Garlok

[Never-In-Doubt]

Re: Help/Advice needed please

You can edit posts you know )

Yea I'd just wait n see what happens. Give us a shout as and when they contact you

[reallyhadenoug]

Re: Help/Advice needed please

treatograms should read threatograms lol!!

[reallyhadenoug]

Re: Help/Advice needed please

Tbh, it was quite a big deal for hubby (ex military and suffers from PTSD) but the Judge was very good. The solicitor's rep was a "rented" one and she was flumoxed though so lol to that part of the hearing.

Mind you, as it so obviously hasn't been assigned to the parasites (Equidebt) you're probably right that they won't be issuing Court proceedings anytime soon. So, you think that we should just file and ignore their treatograms?

Thanks again for replying

[Never-In-Doubt]

Re: Help/Advice needed please

Yes, hubby did go to Court in 2009, it was listed as a "Directions Hearing".

A directions hearing? How strange - however that's not really court. It's usually when a judge directs both parties to a hearing - usually if things are a bit wrong!

It's not the same as going to court and as such this explains why they dropped it last time, judge probably told em they'll lose blah blah but a lot has changed case law wise since 2009.

I'd stop stressing and see what happens next.

[reallyhadenoug]

Re: Help/Advice needed please

Ok thanks

[Never-In-Doubt]

Re: Help/Advice needed please

Sorry, product start date was 2000 NOT 2007!!

Now that changes things - A LOT!!

Back soon, just got few bits to sort out. But suffice to say I'd not worry right now, certainly not unless they have issued new proceedings but that would be unlikely now.

[reallyhadenoug]

Re: Help/Advice needed please

Yes, hubby did go to Court in 2009, it was listed as a "Directions Hearing".

[reallyhadenoug]

Re: Help/Advice needed please

Sorry, product start date was 2000 NOT 2007!!

[Never-In-Doubt]

Re: Help/Advice needed please

It went to a hearing (originally Northampton then local area), my DH filed a defence and the judge advised him to refile in the correct order, after that they suddenly discontinued. BTW, the DCA stated in the first letter that they had been "instructed" by their client so I would say that no, they haven't been assigned.

Thansk again. Forgive me if I'm slow lol!

Did hubby actually go to court or not?

[Never-In-Doubt]

Re: Help/Advice needed please

Ok I'm confused.

This was started in 2007 so my next question, when in 2007?

I can't see why they discontinued - they could have created a recon to satisfy the criteria and s.78 and the bad DN would be a two minute job. I'm also thinking, was it applied for online with tick in the box?

[reallyhadenoug]

Re: Help/Advice needed please

It went to a hearing (originally Northampton then local area), my DH filed a defence and the judge advised him to refile in the correct order, after that they suddenly discontinued. BTW, the DCA stated in the first letter that they had been "instructed" by their client so I would say that no, they haven't been assigned.

Thansk again. Forgive me if I'm slow lol!

[reallyhadenoug]

Re: Help/Advice needed please

Oops more replies whilst I was answering lol! Apologies.

1. The original creditor is the Co-operative bank
2. The Co-operative bank
3.Credit card debt
4. Just over £10,000
5. 2007
6. Action discontinued - see my last post
7. Start of Product 2007

Thanks everyone

[Never-In-Doubt]

Re: Help/Advice needed please

Thanks Henryhatter No terms and conditions supplied, unreadable credit agreement, therefore did not comply with Reg 2 (1) of Statutory Instrument 1983/1557. Also, no default notice was ever sent and they couldn't supply a copy for the Court.

Ok the DN is easy to remedy, that's surprising. I appreciate you're saying it failed Copy Docs Regs but they could generate a recon so I'm still confused as this is not usually enough to drop action without a good solicitor of your own doing the pushing.

Did they actually issue an N1 which your DH filed a defence under?