Court Hearing 25th Feb...Help Please **WON** CASE STRUCK OUT

[illonavamp]

Hi,

My credit card company are taking me to court for the balance of the card.

I was issued a card with them (and signed a credit agreement) in 2000, this card was reported stolen and cancelled about a year later.

Last year, the company wrote to me saying that they couldn't find any credit agreement for the card in my possession. I didn't sign anything.

Anyway, to cut a long story short, my court hearing is in February and they are saying that the original credit agreement I signed (they sent a copy - it has the original card number on it, different to the one they are claiming against) applies to any cards I have with them.

I REALLY need to know if this is true please? I repeat, ALL they have is a credit agreement for a card that was stolen and subsequently cancelled. I didn't sign anything for the card I got after that.

Do I have any leg to stand on in this matter? I keep writing to the court saying they have NOT produced any credit agreement for the card they are claiming against but so far the court hasn't put a stop to any hearing or action by them.

Secondly, they were given until the 8th December to produce the credit agreement (by the COURT), they didn't respond by this date - they wrote to me on the 18th DEcember saying the old agreement applies and the court retrospectively extended the 8th DEcember to the 18th December. I now have until Wednesday to add any comments before this thing happens.

Any suggestions, PLEASE I am absolutely desperate. If I don't have any leg to stand on I will be listing all unlawful charges on the account since inception to maybe lessen the blow - but I need to know what to do now.

Thanks

Sam

[mrmarmite]

lol, if it different card/account number nowt they can do, as to your secondly point, court ordered to show credit agreement and they FAILED????????? court would of throw this out, LISTEN to COURT only NOT what card company tell you, there BIG difference

[mrmarmite]

IF card company FAILS to provide an agreement they willfoot the costs, THEY have taken action against you for some thing they cannot LEGALLT proove

[mrmarmite]

p.s DON'T PANIC

if everything you put in 1st post is true card dont have leg to stand on, BUT as i said LISTEN to COURT ONLY IGNORE what card company says, they just trying it on to scare it it of you

[illonavamp]

Thats just it though, the court hasn't said 'right you buggers, you haven't produced a credit agreement, therefore you are stuffed' - they are proceeding with the hearing - or are they likely to say it then?

Is anyone SURE about the old card number thing? I'd really like to sleep tonight knowing theres some hope.

Thanks for the replies! I'm really down about this, I want it all to go away.

[mrmarmite]

no court wont say nowt till 1st hearing, idea is you go into an office, when you get asked your responce MUST be "please provide an executed credit agreement"

look in CAG template library there letter you can send fredpay/carter requesting info that THEY will rely on in court, if cant find it either i or another CAGer will do 2moz, i gotta go to bed as up early but be back on this case 2morrow

[illonavamp]

p.p.s Instead of throwing the case out on 8th December which was a deadline in an ORDER 22nd October, the court has said:

".....The time for claimant to comply with paragraph 2 of the Order 22nd October 2007 is extended until 4pm on 18th December 2007 retrospectively"

(18th December was when cc co DID respond, but still with their original argument, no documents, deadline WAS 8th December)

Can you make sense of this? is it fair? why would they have done this? (I was all happy after 8th December as I thought I was home-free to a certain extent)

[Tau]

Can you scan and post the agreement they have sent you.
It might also be an idea to write to the solicitors asking for all details that they will be using in court under the Civil procedure rule 18. If you have already done this then ignore it.

[Robdblynd]

http://www.consumeractiongroup.co.uk...er-credit.html

Have a look in there, post 3 is the one you need first.
adapt the letter to suit your case, send it 'signed for' to whoever issued the claim, giving them 14 days to comply.

If they don't comply, bring it to the attention of the court that they've ignored your lawful request for information & documentation.

[illonavamp]

I already know that the information they will be relying on in court is the CCA they have already sent me for the old card - on the basis that they say that it applies to any and every card issued to me (even though my old cancelled card no. is written along the top)

And I need to know whether this is true. Because if it is, I need to prepare accordingly.

[illonavamp]

mrmarmite, appreciate anything you might have to add, I have to get my comments in by tomorrow.

Thanks


Sam

[illonavamp]

ickle bump

[mrmarmite]

i cant see how it can be. they relying on a closed payed up account?

if you opened a new account then new agreement needed
so i say no. have you got any terms and conditions? if so read it and see if ANY mention of this in it. if not that confirms they trying it on you

[illonavamp]

OK thanks.

I've been asked to respond to comments from them to court by CoP tomorrow so I will jsut say:

- They failed to respond to a court order in time
- They failed to produce a valid executed credit agreement
- In the absence of any agreement the default they have issued is unlawful.
- They are required to have a new CCA for any replacement card they issue (and never have, I have certainly NEVER had one to sign)


(On that last point, I read that somewhere here but can't remember where I saw it - can anyone point me to it! ty)


And leave it at that. I am sure they are trying to bully me into agreeing OoC settlement but I'm determined on this one. I am remortgaging end of March so can't afford anything 'worse' to happen to my credit reference between now and then - I just wish I could delay the hearing but oh well one can't have everything.

Wish me luck, hearing 25th Feb ~clatteringnerves~

[illonavamp]

Originally Posted by mrmarmite

i cant see how it can be. they relying on a closed payed up account?

if you opened a new account then new agreement needed
so i say no. have you got any terms and conditions? if so read it and see if ANY mention of this in it. if not that confirms they trying it on you

Well the card was stolen and fraudulently used. I was subsequently issued with a new card, different number. Just reading up on 'account numbers' now.

Guessing that changes things?

[mrmarmite]

ok see where they getting, original agreement applies as in effect it the same account.

just to confirm the money owed is correct BEFORE card was stolen NOT after?

you told them ASAP that the card was stolen?

as to the agreement you signed, was it an agreement or an application form?

if back in 2000 it more likly to be application form,
do you have a copy of it? or done CCA request for it?

if so does it contain the prescribed terms?

soz for 20 questions can get it sorted quicker that 1 at a time

[mrmarmite]

and soz for not replying earlier on your 3 posts i work 6-5, i'm bit suprised there not a moderator (with best experience) not popped in (lol they prob will now i said that)