df1day UE Diary

[oscar]

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.

[df1day]

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.

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]

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]

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.

[Never-In-Doubt]

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.

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]

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]

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?

[Never-In-Doubt]

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.

[df1day]

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.

[df1day]

Hi, Niddy.

I posted this on the other forum before I found the link for here. So apologies for posting twice.

Just received a citation from Airdrie Sheriff Court this morning.

This is for an HFC card which you deemed unenforcable back in June. They only sent an appl ication form. I can send you another copy for you to inspect again.

I had no intimation that this was about to happen. No threats etc. In fact any correspondence I received from them was poorly worded and generally factually incorrect as regards the CCA.

The citation includes 2 forms:
application for time to pay direction
notice of intention to defend

What do I do now?

This couldn't have come at a more awkward time.
I am off on holiday from 31 August for 2 weeks. I know there is nothing I can do until Monday, but would like to get something done before I go away.