Court papers issued is this a valid CCA ?

[archieL]

I have been sent a writ and some court application papers

I have CCA'd the creditor three times and received the attached document twice. Both copies differ in as much that it was not signed and dated by the creditor until the second CCA was received even though the fax was obviously the original !
They have never supplied me with any T&C's even though this was specifically requested.
There is a blank box on the second page which says "I wish to purchase" , this is blank ? Also this requires a signature by myself which I have never signed , any ideas ? Is this enforceable in court ? Or should I defend.
Time is of the essence here as I need to make a decision by Wednesday 8th October.
Any input would be greatly appreciated

[stroke a badger]

Bump

[citizenB]

Sorry, I am not really able to help, however.. you say you have never signed the form so I guess that would make it invalid. Is it an online application form ?

[palomino]

This appears to be a compliant agreement other than the creditor's signature is missing. This probably won't be regarded as a show-stopper by a judge - especially as you have had the money.

The wish to purchase box is empty because you didn't purchase a 'product'. This would have been some sort of insurance and the details would have been inserted in the box immediately below.

[archieL]

Palomino,
Thanks for that, in one of the attached documents it refers to clause 3.6 of the T & C's but again I have not been supplied with them. Does this matter or am I clutching at straws?

CitizenB
No t wasn't an online application.

Many thanks

[42man]

OK....What you normally have to do is acknowledge the claim within 14 days, saying either defend all/part or admit, then you get a further 14+3 days to submit a defence....

What usually happens is a CPR request is made to get them to reveal all the paperwork....this is sent by recorded delivery to the opposing solicitors.

In the XXXX County Court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

CPR 18 - REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.


1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.


3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXX (type, don't sign).

OR THIS ONE...

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:
1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment

3 the default notice

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully

[42man]

If it is unsigned by you, then in my opinion I would say that it isn't properly executed....

[citizenB]

Originally Posted by archieL

I have been sent a writ and some court application papers

I have CCA'd the creditor three times and received the attached document twice. Both copies differ in as much that it was not signed and dated by the creditor until the second CCA was received even though the fax was obviously the original !
They have never supplied me with any T&C's even though this was specifically requested.
There is a blank box on the second page which says "I wish to purchase" , this is blank ? Also this requires a signature by myself which I have never signed , any ideas ? Is this enforceable in court ? Or should I defend.
Time is of the essence here as I need to make a decision by Wednesday 8th October.
Any input would be greatly appreciated

Originally Posted by palomino

This appears to be a compliant agreement other than the creditor's signature is missing. This probably won't be regarded as a show-stopper by a judge - especially as you have had the money.

The wish to purchase box is empty because you didn't purchase a 'product'. This would have been some sort of insurance and the details would have been inserted in the box immediately below.

Palimino, I think the OP is saying that (s)he has not signed the document.

[archieL]

Thanks for the responses, did you manage to open the documents and see the box I am referring to.

Also they sent me a while ago a statement which showed a redemption figure to buy the car of approx 10k, now in the writ they have put they want the car and 12k, how can this be ? I think on this alone I may have a case for some sort of defence.
Please also note that I am in Scotland , so some of the law is probably different.

Again thanks for all your input

[42man]

Oh gosh...sorry Archie, I didn't realise you were in Bonnie Scotland, my apologies.... there is a section called 'dealing with debt in Scotland' which is here.... - http://www.consumeractiongroup.co.uk...debt-scotland/ - If you want your thread moving to there, just click on the little red triangle and ask for it to be moved....

[palomino]

Originally Posted by citizenB

Palimino, I think the OP is saying that (s)he has not signed the document.

No, the OP hasn't signed the 'wish to purchase' box. The document itself has been signed.

[citizenB]

Originally Posted by citizenB

Palimino, I think the OP is saying that (s)he has not signed the document.

Originally Posted by palomino

No, the OP hasn't signed the 'wish to purchase' box. The document itself has been signed.

My apologies, I thought that was the signature of the Creditor

[palomino]

It is. The OP's signature is further up and blacked out for uploading here.

[saintly_1]

thread moved to Scotland Debt Forum as requested