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

[tomterm8]

Originally Posted by pt2537

bert

with regards to the business account, this would not come under the same cover as the personal loan insofar that if no credit agreement is produced it will still be enforcable

the business loan, i will have to read through the CCA 1974 to see if it covers business, the title rather suggests that it may not as its the Consumer Credit Act and i know under the consumer protection act it does not extend to persons acting ina business capacity, im not sure if this extends to the Consumerr Credit Act 1974 in the same way

i will have a dig around and see what i can find out

Regards
paul

The old style Consumer Credit Act ( i.e. 1974) did not cover loans taken out for the purpose of a trade. The new style (2006) does cover some businesses, i.e. partnerships, sole trader etc.

[pt2537]

thanks tom, i havent had the chance to look at that so youve saved me a job

[B3rty]

Thanks for these replies....I await the CCA agreement copy from 1st credit along with all the other documention from their solicitors and will let you know when this arrives......I'm hoping that some kind person can help with my defence that needs to go in on the 28th depending on what their replies are I assume it will go to a 2nd court date and I will get nasty letters leading up to that..

[B3rty]

I just had a thought.....

The bank accounts have had charges added to them that I dont understand so can I S.A.R these accounts to find out what they are and maybe claim this back even though they have sold these on ?

also....this would put me in dispute with the bank so what effect would this have on the collection agencies and their rights to adminster the debts?

thanks again

[pt2537]

Hi Bert,

i think it would be best to wait for the documents that have been requested to arrive, then you can tailor your defence on them

until you know if the agreement is enforcable or not you cant develop your arguement based upon the agreement if that makes sense

with regards the charges on the bank account, if they are penalty charges then i do feel you could reclaim them so a Subject Access Request would be an idea

Regards
paul

[B3rty]

With regards to the business account I was a sole trader and the loan was added to this when I defaulted

The other account was at first direct where I had a £10k overdraft, I had a First Direct credit card and when I defaulted they added the card balance to the account as overdraft so in fact about 80% of the real debt was loan/credit cards that got added along with a lot of charges..

I suppose if I S.A.R the account this will show up but it does add a twist and I wonder if the card and maybe loan are covered by the CCA as I was a sole trader trading in my own name...anyway the FD account was a personal account

In addition if I S.A.R and the new DCA try to use litigation as verablly thay have said they will go for a CCJ can I get this stayed as I am in dispute with the bank until the S.A.R - (Subject Access Request) is produced...

Hey I'm starting to get good at this.....

[tifo]

I'm in the same boat.

Got a letter from Fredrickson that they have bought a debt from Phoenix acting in the name of it's compartment (whatever that is) Tessera and that they have bought the debt and are administrating it (can't be both?)

got a letter from bank saying they have sold it to Phoenix.

not had anything from Phoenix yet so can i refuse to talk to Fredrickson, as i have no proof that Phoenix had any right to sell it to them and until i get that i don't have to talk with them? Then i need proof that they themselves have bought the debt.

am i right?

[B3rty]

I have CCA letter'd Marlin who are the servicing agent and the letter says all contact regarding this account should be directed to them at the address given in West Sussex, The bottom paragraph quotes the date of sale as 12th October so the debt has been sold and they are responsible for providing the CCA....I have also Subject Access Request lettered HSBC as I am sure there are charges to reclaim and I will go down that route as well...

[B3rty]

I had a letter today from LCS solicitors acting for 1st credit in reply to the CCA letter I sent to 1st Credit and the request for information letter I sent to LCS, enclosed with the letter was the notification they sent on 12/6/2006 advising me that the debt had been assigned to them from MBNA

Your thoughts would be appreciated

The letter reads

We refer to your recent communication. The contents of your letter have been noted

We write to inform you that this account was originally a credit card debt owed to MBNA, account reference number xxxxxxxxxx. The account was opened 29th January 2003. The interest rate was 24.9%. The last payment received into the account was in the amount of £5 on 26th April 2006. The balance of the account on default was £3719.94. The account was closed by MBNA 30th May 2006. The debt was assigned to our client 12th June 2006.

Notice of assignment of the debt was sent to you under s.136 Law of Property Act 1925. A copy of the letter notifying you of the assignment is enclosed. We have requested further information and documentation from MBNA and will forward it to you when we receive it.

You do not deny the debt and our records show that there have been some repayments made into the account. It would appear that there is no defence to our clients claim.

We note that you are due to file a defence by 28th November 2007. Filing a defence will incur further legal costs for yourself and our client. Even at this late stage, our clients preferred solution is to resolve the matter by agreement with yourself without the need for further legal proceedings. Please telephone this office as a matter of urgency in order that this matter can be discussed. Thank you for your co-operation.

[B3rty]

Any thoughts on this?

[tomterm8]

Hi, B3rty, can you post up...

1, the particulars of claim
2, an explination of which account the particular of claim relates to (i.e. business, personal, fixed loan, credit card, overdraft etc)
3, if they are business accounts, what type of business, and any information as to whether you provided any security.

I'm sorry I haven't been round earlier - I'm just very busy at the moment.


Insidentally, the lawyer letter is just a normal tactic to scare you into paying. Have they sent you the information you requested yet?

[B3rty]

Tom

Thanks for your time I appreciate it....

This just relates to the credit card debt of which the detail is a couple of posts above interestingly they say they have writen to MBNA requesting the information and their 14 days is up on Wednesday 14th so I assume they will miss that date....just wondered if I should have a letter in mind to send them or just wait and post a defence for the 28th?

Berty

[tomterm8]

Originally Posted by B3rty

Tom

Thanks for your time I appreciate it....

This just relates to the credit card debt of which the detail is a couple of posts above interestingly they say they have writen to MBNA requesting the information and their 14 days is up on Wednesday 14th so I assume they will miss that date....just wondered if I should have a letter in mind to send them or just wait and post a defence for the 28th?

Berty

Hi, berty, I would just wait and see.

if anything happens, PM me. Or, PM me 5 or 6 days before the defence is due*. it's too early yet to write a defence, but you can check say HFC/Restons **WON**CASE STRUCK OUT or What would you do? to see some recent defences (in the second thread, very recent, as i have not helped them write it yet )

It would be wise to start reading up the general law behind the defence you intend to use.


* Obviously, I'll only give advice on the thread, but otherwise I'll probably forget

[B3rty]

Hi Tom
I have a long train journey next week and I plan to print the relevant document to read and try and get to grips with the sections that relate to this

I have a copy of the origional act and a copy of the 2003 amendments FAQs is this more relevant?

Thanks

[Curlyben]

I love this line

We note that you are due to file a defence by 28th November 2007. Filing a defence will incur further legal costs for yourself and our client.

They are trying to scare you with this.
Keep going as without the executed agreement they are stuffed as this would be a complete defence under CCA s127(3)

I wouldn't worry to much about any amendments at the moment until/if they supply the requested documentation.