df1day UE Diary

[Never-In-Doubt]

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.

Hiya

The link below answers the credit limit issue and as you rightly point out, it was an isolated case whereby the pursuer (napier) was trying to fight retrospectively for s.127(3) primarily as there was no credit limit. Unfortunately, he'd been sold a duck taking this to court - i'd have told him to walk months ago as this link I done last year shows: ---> viewtopic.php?p=2324#p2324

In short, the HFC case has no bearing on df1day as it was unique circumstances.

[df1day]

Re: df1day UE diary

HFC V df1day

Returned from holiday on Thursday and lodged my Notice of Intention to Defend on Friday (form 07 NID, surely a good omen).
Today I received a letter from the Sheriff Court outlining the timescale of events. First up is 4 October which is the last day for lodging defences, so better get my skates on.

I am speaking to people on CAG who seem to have some experience of Scots Law and will let you know what they say, if you don't mind.

Meantime, could you have a look at the "agreement" HFC sent in response to my original CCA request. I sent it to you in an email dated 1st September.

You did say you wanted to have another look at it to remind you why you originally deemed it unenforcable. I'll re-submit if you can't find it


The docs I attached were
GM1
A photocopy of the “agreement”. It has my signature but no terms and conditions on the signature page.

There is a box at the bottom which states: Page 1 of 4. To be completed together with Terms and conditions on Page 2, 3 & 4 .

GM2

Photocopy of Page 2 of 4.

This page could have been the reverse of Page 1, but may well have been a separate sheet. It contains terms 1 to 7.

I did not receive pages 3 and 4, which presumably would have contained the remaining terms. I suppose there is no way I could prove they didn't send them. But it begs the question why did they not send them.

GM3

Photocopy (poor) of more terms and conditions (terms 1 to 12 this time) which bears no obvious connection with the application.

My question is:
If these photocopies are the only documents they have would that be enough for them to think they would win?
Further, if they manage to come up with an original, given the linkage (is there any?) between the signature page and the Terms and Conditions, would that be considered enforcable?

Or will my case get that far as you have previously intimated it will be struck out before court. I am trying to find out from CAG how to go about requesting what the other side will be using in court eg the original application or this photocopy. CPR doesn't apply in Scotland, unfortunately, and I know from reading other threads on CAG that their solicitors are a slippery bunch.

[Never-In-Doubt]

Re: df1day UE diary

Hi please send the email again and clearly mark your username in the subject and a link within the email to this thread so I know it is you and won't miss it again (sorreee)....

If I can, i'll try to help but now you're on CAG you'll get some better support, because we're too new and small it is hard to get the same volume of advice... you'll be fine, worse case scenario is you'll have to pay a monthly sum for a few years! But lets hope against that yea...

email addy is: never-in-doubt@live.co.uk

[MrsD]

Re: df1day UE diary

Hi DF1

Think of yourself as an icebreaker for us Scots!!! plunging through the poo to get the right answer. I did have a wee look for the the Dunfermline court case, it seemed to be one of those strange one sided things again, I'll try and find it again and post it so you can have a read unless you have before. We're all behind you here, keep the chin up and don't let the beggers grind you down.........

Dopey

[MrsD]

Re: df1day UE diary

found it! http://www.scotcourts.gov.uk/opinions/A483_09.html

[Never-In-Doubt]

Re: df1day UE diary

found it! http://www.scotcourts.gov.uk/opinions/A483_09.html

LOL, it was at the top of this page - see it, 5 post up ^^^

viewtopic.php?p=1227#p1227

;LOL ;LOL ;LOL

[df1day]

Re: df1day UE Diary

Hi, Niddy. I re-sent an email as requested attaching the docs I received from HFC. Look forward to your comments on validity.

In the meantime, i will post below an update of my other accounts. I have kept each account to its own post with the most recent activity highlighted in red.

[df1day]

Re: df1day UE Diary

Barclaycard Loan (£3000 outstanding)
Confirmed as enforceable by Niddy, but was expected, as I had a copy of the original loan agreement which looked to contain the prescribed terms.

Passed to CDCS by Barclaycard.

30 June Offer F&F of 10% made. Not accepted.
15 August. Offer increased (13%). No response.
10 Sep “Notice of Legal Action” from Debt Managers (may word used a lot!)
21 Sep Further Letter from Debt Managers “Settlement Opportunity”

The last letter is asking me to phone them to discuss a possible reduction. I have been receiving the usual phonecalls as well which are duly ignored. I don’t intend to phone them but should I write to them with another offer?

[df1day]

Re: df1day UE Diary

Barclaycard 1 (£6600)
21 April CCA requested
23 April Terms and Conditions received
11 May CCA reminder sent
2 June Debtors final response sent to Barclaycard
Passed to Credit Solutions
11 June Formal Demand for payment from Credit Solutions
Power2 Collect also become involved
27 June Refusal to accept unenforcability sent to Credit Solutions

2 July Nonsense letter, spouting ill-informed rubbish, from Credit Solutions
13 July Generous offer” letter from Credit Solutions. “Contact Deal Maker”
This followed a series of nonsense letters from both Credit Solutions and Power2Contact. Sent Account sold template
7 Sep Letter from Credit Solutions. Referred back to Barclaycard

[df1day]

Re: df1day UE Diary

Barclaycard 2 (£5500)
Status - unenforcable
21 April CCA requested
23 April Terms and Conditions received
11 May CCA reminder sent
11 May Notice of intention to sell debt to Calders
18 May Selling whilst in dispute letter to Barclaycard
18 May Letter from Barclaycard “explaining” T&C”
2 June Debtors Final Response – unenforceable – sent
6 June Formal demand for payment from Calders
7 June Refusal to accept letter to Calders
18 June Notice of Action from Debt Managers
“24th June Reasonable Offers Accepted” (!) letter from Debt Managers
27 June Letter Before Action letter sent to Debt Managers
1 July Letter from Debt Manager – file closed, returned to Barclaycard
12 July 3 page letter from Barclaycard saying they have fulfilled s78 etc.
Filed

Nothing else to date

[df1day]

Re: df1day UE Diary

Capital 1 (£5800)
Status - unenforceable

21 April CCA requested
10 June Copy “agreement” received (ie photocopy of signature page from application form with reference to Terms and Conditions overleaf).
22 June Current T&C received
30 June Debtors final response – unenorcable
2 July Letter from Capquest saying account on hold whilst they investigate
14 July Letter from Capital 1 saying they are investigating – may take 4 weeks!
29 July Cap 1 say s78 request fulfilled etc
8 August Cap1 say “continue to make payments” etc. Filed

Nothing else to date

[df1day]

Re: df1day UE Diary

Hbos £4700)
Status – enforceable

21 April CCA request
29 April CCA received – deemed enforceable as taken out after 2007
10 May Letter from Blair Oliver Scott.- Notice of Intended Court Action
1 June Letter from Wescot – contact us
7 June F&F offer (£1000) made to Wescot
18 June Wescot decline offer – minimum required £3500 in partial settlement
30 June Final offer from me - £1100. All I can afford! (Niddy said I went in too high initially!
5 July Wescot again. Phone us to discuss payment arrangement
9 July Replied to Wescot. Sorry, don’t discuss financial arrangements on phone and £1100 was really my final offer.
9 August Letter from Nelson Scott Solicitors. Pay in 10 days or else. Told them Wescot had received an improved offer.
23 August Income and Expenditure form from Wescot

Niddy, you replied earlier and said I should maybe think about another offer. What amount do you suggest? And should I return the I&E form? I don’t mind partially completing it but don’t want to advise them of my wife’s earnings, nor do I want to give them my employers details. I don’t mind telling them the pittance I get paid, though. And how much I owe to other creditors.

[df1day]

Re: df1day UE Diary

Egg (£3400)
Status – thought possibly unenforceable (but probably enforceable now)

21 April CCA request
11 May Further CCA request
19 May CCA received + T&C
15 July Letter from Collect Direct saying Egg had complied with section 77/78 and there is no valid dispute.
6 Aug Frederickson Int. Letter chasing payment
17 Aug Frederickson Int. Letter. Letter before action.
24 Aug Unenforcable template sent by me. (Blagging)
1 Sep Frederickson Int. Referred back to Egg for instructions.

Awaiting developments with interest in light of recent judgement.

[Never-In-Doubt]

Re: df1day UE Diary

Hbos £4700)
Status – enforceable
Niddy, you replied earlier and said I should maybe think about another offer. What amount do you suggest? And should I return the I&E form? I don’t mind partially completing it but don’t want to advise them of my wife’s earnings, nor do I want to give them my employers details. I don’t mind telling them the pittance I get paid, though. And how much I owe to other creditors.

Hiya, do not complete the I&E form. Instead stand firm, respond and say something along the lines of

[size=5]"I earn £X per month and out of that I pay out £Y which leaves me £Z (you must escalate these costs so you're left with like £100 per month or so) - based on this, you can see that all I can afford to repay each month is £20 and on a debt that you value at £4700, would take over 20 years to repay. Therefore, I feel my previous offer of £1,100 in full and final settlement should stand otherwise please arrange to set in place monthly repayments of £20 - however I will not promise to pay every month, i'll wait til you're ready to issue proceedings then start again - basically i'll do everything within the law to cause you hassle because I feel you're being greedy by refusing my offer which, considering my personal circumstances, is extremely good. I request that you reconsider and get back to me in the next few days, with your confirmation that my offer will be accepted."

See what that does..... attach that to the last letter you sent (the offer letter) and await a reply.. :xmas9

[df1day]

Re: df1day UE Diary

Pending Court Appearance

[size=5]Quote Hi please send the email again and clearly mark your username in the subject and a link within the email to this thread so I know it is you and won't miss it again (sorreee)....

Niddy, did you get the email I sent last Wednesday?
If the attachments are too large I can post links to photobucket on here.

I would like your expert opinion on the enforcability. A CAG member has his doubts. If it is enforcable I'll have to re-think my strategy. I have to submit my defence by 4 October (although I am trying to get that extended).

Your comments would be really appreciated.