Help with Court CCJ letter 1st credit *** SETTLED OUT OF COURT ***

[pt2537]

Hi B3rty

it appears that the link i tried to post earlier didnt come out properly

look at this thread, its very ehlpful for your situation http://www.consumeractiongroup.co.uk...er-credit.html

regards
paul

[B3rty]

Thanks

I will send the letter that you posted above, I assume I will need to send £1 with this for the copy of the agreement ?

I have worked out that I can ask for an additional 14 days to defend so that gives 28 days, but I suppose my concerns are how I do this...i.e what the next steps would be with regard to the court and how I deal with that aspect which I find quite daunting as this is now with the court and I need to follow whatever the proceedure will be

What would be really useful is any expereince simular to mine and how I defend this in court assuming the Agreement is not forthcoming.

Thanks

Bert

Just looked at the link you provided and feel many anwers could be there...will keep you posted and ask for help when I need it....

Thanks.....BTW what great forum...

[pt2537]

ok

firstly no you dont need a pound for this one

its a request under the civil proceedure rules as there is already litigation in progress

your first step is to acknowledge the claim THIS IS A MUST !!!!

then you have given your self the extra time to prepare your defence

if the agreement is not forthcoming then quite simply you would defnd on the basis of S127 Consumer Credit act whihc prevents a court form issuing an enforcement order where an agreement is not produced (Basically)

also this has been reaffirmed by the House Of Lords ruling in the Case of Wilson -v- FCT

dont worry, its not as bad as it seems

i know Tomterm8 can advise on how to go about your defence,he is very experienced

Regards

paul

[B3rty]

One more question

I have gone online and completed the acknowledgement requesting 28 days

On the CCJ Court form it shows the 1st Credit address asa the claimant but states that all correspondance should be addressed to their solicitors which is in the same building ( LCS solicitors)

Who should I address the letter to?

Thanks

[pt2537]

correspondence should go to the persons marked on the claim form ie their solicitors LCS

make sure that the letter posted above is sent Special next day delivery

it is that important that you need to guarantee it gets there and you have proof of delivery. recorded delivery does not give you these guarantees

Regards
paul

[B3rty]

Thank you..

[pt2537]

ok so what does the claim form say?

if you need advice on preparing the defence you will need to post up what they are claiming

you can type it or scan the info in

defences are not my best area of expertise but i am willing to help and there are a lot of people on here who write excellent defences to this type of claim


regards
paul

[B3rty]

Just wondering ....When the debt was sold I wrote to them in June 2006 acknowledging the debt and trying to set up a payment scheme, they never responded other than threatening calls and I paid £1 each month first by cheque and recently by SO....could this work against me if they produce this letter to the court?

[pt2537]

NO IMHO,

the court would need to see a Credit Agreement containing all the prescribed terms and signed by you and the creditor before they can enforce the debt.

S127 prevents the court from taking any action without the agreement or a true copy of it


Regards
paul

[pt2537]

sorry i meant to say S127 Consumer Credit Act 1974

[Edz11]

pt2537 was spot on. No executed agreement = not enforceable.

What I would also do is still send off my £1 and ask for a copy of the executed credit agreement. Reason is (and I'm trying to think like they would) you then prevent them from saying "we did not receive a request under ss77/78 so how can we be in breach of it?".

A Part 18 request for further information is a "request". It may or may not be supported by a Judge who when asked by the defendant may (or may not) issue an order that says the claimant must provide some/all/none of the information that was previously requested under Part 18.

A ss77/78 demand (and that is what it is) means that you don't have to rely on the Judge's discretion. The time limit will expire before your defence goes in as they are mega unlikely to get it to you before then. They have to provide it or they're buggered (a legal phrase). I'm looking at a case right now and that is exactly how it panned out. So send off your quid tomorrow!

[B3rty]

So shall I send the letter above to the Solicitor and the standard letter to the company with £1?

Also I have to complete the defence section on the form and wondered what I should put in that part, I am doing this online for ease...?

[pt2537]

I concur on most points that edz11 raises

i see where this is going with the CCA request and agree that to add strength to your case you would be prudent to send the section 77/78 request for info along with the one pound postal order.

http://www.consumeractiongroup.co.uk...templates.html you need letter N

do not sign it, instead print as per the above letter

send both letters to the solicitors, they have a duty to obtain the information from the creditor

with regards the defence, cant help until we know what we are defending?


regards

paul

[B3rty]

Hi paul

The Particulars of the claim state:

The defendant was indebted to MBNA Europe bank Ltd for credit advanced. The debt was assigned to the Claimant. Notice of assignment was given to the Defendant.
The Claimant claims the debt due from the Defendant of £3,704.94
together with interest as the rate of 8% per annum pursuant to Section 69 of the County Courts Act 1984 amounting to 405.81 and also claims
further interest until judgement or sooner payment at the daily rate of 0.81

Thanks...Bert

[B3rty]

Just bumped up the thread as it got out of order and I have some more questions that I would appreciate someone looking at...

Thanks for the help

I have today sent the two letters by special delivery and established my date my date at the court as 28th November so I feel I am on a roll and will feedback when I receive the usual replies etc…..I have to say I feel pretty good about this and upon reading the forum feel I may have another claim….

I had a business account, business loan and a personal account with HSBC which has been serviced by Metropolitan credit services I paid them a token 3x £1 a month for the last 2 years somewhere along the line the loan has rolled into the business account .

Yesterday I had letters from HSBC saying these had been assigned to Pheonix Recoveries acting on behalf of Tessera Recoveries on the 12th October and that Phenonix are now the effective owners

They have appointed Marlin Financial Services as their servicing agent and provided me with their address

OK I realise I can send a S.A.R - (Subject Access Request) letter to the bank regarding the accounts which I will do as the two totals they quoted were £ 12,770.97 and £8381.88 so a total of £21152.85 and on my reckoning that’s about £4-5k too much so I will be interested to see what they have charged me on that, I have completed the letters and will send these with the 2x£10 to-morrow.

However as these were a business account and a current account can I use the CCA letter to send to Marlin? Plus does this put me in dispute with the bank at some point and can this reflect on DCA and their capacity to act….etc etc

Your thoughts are gratefully appreciated

Bert
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