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**df1day** · 28 August 2010, 10:08

Re: df1day UE diary

Thanks for your reply.

I was a bit worried when I opened the letter this morning but once I got over the shock I realised Niddy would advise me properly.

My main concern is the lack of time I have to do things. I really have only Monday and part of Tuesday to get anything done.

I was surprised to see a citation from HFC, to say the least. Even from my untrained eye the "agreement" they sent me was the least plausible I've received from any creditor. It is clearly an application with no link anywhere to any approved terms. The terms and conditions they sent were just poorly photocopied cut and paste jobs. And any letters I received in response to my template letters showed their lack of understanding of the CCA.

So I am not unduly worried that they would win if it does go further but need to know what I have to do over the next few days.

Do I contact the Court and inform them that I will be away over the next 2 weeks and ask for some form of extension? The notice of intention to defend is 21 days from 27 August. I don't return until 15 September so would have little or no time to "consult a solicitor" as they suggest.

**Never-In-Doubt** · 28 August 2010, 10:12

Re: df1day UE diary

Hiya

You need to be defending it - citing the account was disputed and the agreement is unenforceable under s.127(3) until such time the creditor responds and deals with your lawful s.78 request. As they have failed to respon, no formal action should be taken and mention you were never informed and as such you wish to apply for strike-out.

Read this as well: http://www.opsi.gov.uk/RevisedStatutes/ ... 0051_en_19

You may be best right now to post on MSE cos this is not one of my specialities (Scottish Law) whereas there are a few guys over there that know this process.....

Don't worry, you do though have to defend it prior to going away, the form you need may be called: Form O7 – Notice of Intention to Defend ( “NID”)

- No the NID is not about me - honestly!! See here: http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm680070.htm

That just shows what i've researched in like 2 minutes so spend some time and you'll find answers to your questions - regards

Remember the real basis for defending is as my signature spells out:

Section 127(1) of the Consumer Credit Act 1974 is subject to the restrictions imposed by s.127(3) & (4).
Those subsections set out the circumstances in which the court shall not make an order under s.65(1) of the Act.

Niddy.

**Never-In-Doubt** · 28 August 2010, 10:14

Re: df1day UE diary

I would head to MSE and PM RAS or Darkconvict and say Niddy sent you.....

Send them both a PM - they both know scottish law better than me (even though I am scottish) - weird eh?

**df1day** · 28 August 2010, 12:55

Re: df1day UE diary

Thanks, Niddy. I'll pm them now.

I have already posted on MSE but only one, unhelpful, reply. What have you done to upset PNPSUKNET? He seems to be a right patronising prick. You've obviously struck a nerve with him in the past.

**Never-In-Doubt** · 28 August 2010, 13:14

Re: df1day UE diary

Originally posted by df1day

Thanks, Niddy. I'll pm them now.

I have already posted on MSE but only one, unhelpful, reply. What have you done to upset PNPSUKNET? He seems to be a right patronising prick. You've obviously struck a nerve with him in the past.

Ahh he even copied my signature, lol - you got it in one - I always argue with him cos he's pig-ignorant but harmless enough, just rude to others with his silly opinions....

Ignore him - I do!

**df1day** · 28 August 2010, 14:24

Re: df1day UE diary

I'll certainly ignore him.

I will be reading up as much as possible about the whole court procedure, but can you answer a question in the meantime. Just to put my mind at rest, maybe.

Dose the fact that HFC have issued court papers indicate that they are prepared to go all the way or could this be a more advanced form of threat. For example, if they realise I will be contesting their claim could they pull out. Maybe wishful thinking from me but I'm surprised they are even thinking about taking this to court given the copy "agreement" they sent me.

**oscar** · 28 August 2010, 14:57

Re: df1day UE diary

Df1 -

Mind if I ask how long it h as taken for HFC to (attempt to) take you to court?

Reason for my asking is I too have a UE HFC credit card, all confirmed by NID previously (though was fairly sure anyway).

My CCA request was now over two years ago - again a badly copied App form with no terms etc etc, and they defaulted me 18 months ago. All is now quiet - which is a little worrying, but only as I would like to know what they are up to.

**df1day** · 28 August 2010, 17:20

Re: df1day UE diary

Originally posted by oscar

Df1 -

Mind if I ask how long it h as taken for HFC to (attempt to) take you to court?

Reason for my asking is I too have a UE HFC credit card, all confirmed by NID previously (though was fairly sure anyway).

My CCA request was now over two years ago - again a badly copied App form with no terms etc etc, and they defaulted me 18 months ago. All is now quiet - which is a little worrying, but only as I would like to know what they are up to.

Hi, Oscar.
CCA request was made 12 May 10 and copy app received 26 May. I was defaullted on 9 May 10.
Best of luck. I'll keep you all updated on this thread. I have a lot to learn Up until now I've managed to follow the procedure, thanks to Niddy, but purely in layman's terms. I'll need to get acquainted with legal speak now, I suppose.

**oscar** · 29 August 2010, 08:17

Re: df1day UE diary

Thanks DF.

My CCA was in June 08. Default in Jan 09. I have not hears from them for some time (tempting fate here)

As far as your case goes, and the court date, any judge worth his salt WONT expect you to be familiar with all the legal terms and jargon - afterall, solicitors train for several years.

**Never-In-Doubt** · 29 August 2010, 10:17

Re: df1day UE diary

Originally posted by df1day

Dose the fact that HFC have issued court papers indicate that they are prepared to go all the way or could this be a more advanced form of threat. For example, if they realise I will be contesting their claim could they pull out. Maybe wishful thinking from me but I'm surprised they are even thinking about taking this to court given the copy "agreement" they sent me.

Hiya

Ok, they do this as they feel it will win them some sort of moral victory - how surely mistaken they are! Unless they have damn good arguments and damn good proof then you will always win. Judges do take into account the fact that companies do waste courts time by issuing papers when they should not and if they re-attempt to claim from you they will get in bother if one has already been deemed struck-out.

Don't worry, I see this and stop this all the time. It is fine so long as you get the defence straight which is basically my signature and the fact the account is formally in dispute, ergo no action can be taken - why therefore did the DCA start proceedings knowing full well they were not entitled to? As such their claim should be struck-out.

Simples really..... ;--G

**df1day** · 29 August 2010, 13:56

Re: df1day UE diary

Thanks, Niddy.
I haven't been able to get any help from DarkConvict or RAS as they don't feel sufficiently qualified on Scots Law. Suppose I'll try CAG or even speak to a solicitor.
Anyway, I intend going to Airdrie Sheriff Court tomorrow to see if they can grant an extension to allow me more time to consult a solicitor.

On a separate point:
Wescot have sent me an income and expenditure form to allow them to assess my ability to pay. This is in connection with an HBOS cc which is enforcable and which I made an offer in F&F.

Should I complete this, especially information they ask about my wife's income?

**df1day** · 30 August 2010, 16:34

Re: df1day UE diary

Ok, they do this as they feel it will win them some sort of moral victory - how surely mistaken they are! Unless they have damn good arguments and damn good proof then you will always win.

Hi. Niddy.

Been reading a few threads on CAG. It seems HFC are pursuing cases on the strength of a ruling in Dunfermline in March 2010 - Napier v HFC

My concern now is if HFC have come up with an original document, oreven something better looking than what they already sent me. They did at the last minute with one poster on CAG who had to give in after a long fight.

Can I email you the copies of what HFC have sent to me and you can look at them over the next 2 weeks, in light of the above judgement?

I’ll still have a couple of days after I return from holiday to submit form 07 to defend the case.

**oscar** · 30 August 2010, 19:28

Re: df1day UE diary

http://www.scotcourts.gov.uk/opinions/A483_09.html

Here is a link to the case you refer to.

Niddy, put this up as am sure it will help to know what the case and ruling was about.

From what I can see, the ruling appears to centre on HOW the credlit limit is expressed on the agreement, be it an amount granted or that they will tell you what it is. they will notify you and may change it etc.

**Never-In-Doubt** · 3 September 2010, 00:53

Re: df1day UE diary

Originally posted by df1day

On a separate point:
Wescot have sent me an income and expenditure form to allow them to assess my ability to pay. This is in connection with an HBOS cc which is enforcable and which I made an offer in F&F.

Should I complete this, especially information they ask about my wife's income?

I would consider a revised F&F offer..... they do not need to know you're married, you could be separated.... the stress of the debts had had it's toll on you - if you're digging me...?

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