df1day UE Diary

[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

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 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

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.

[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

[MrsD]

Re: df1day UE diary

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

[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

[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

[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

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.

[Never-In-Doubt]

Re: df1day UE diary

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...?

[oscar]

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.

[df1day]

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.

[df1day]

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?

[Never-In-Doubt]

Re: df1day UE diary

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