Jump to content

shane5408

Registered Users

Change your profile picture
  • Posts

    993
  • Joined

  • Last visited

  • Days Won

    7

shane5408 last won the day on December 25 2007

shane5408 had the most liked content!

Reputation

634 Excellent
  1. Congrats Bluefairy, unfortunately results like this are few and far between so it's important to acknowledge them. It just goes to show what a little bit of courage and backbone can help you achieve. Scales tipped kind regards, Shane
  2. Hi Benwell, The important thing to remember here is that non compliance of a CCA request gives you the right to withold any payments to the account, after 12 working days of non compliance the creditor enters a default situation, and until rectified (ie a compliant cca is provided) you can stop all payments. Now if they havent responded thus far, it is highly likely no CCA exists, or a a non compliant one held on microfiche at best. Should one turn up for any of your accounts just scan it in, removing all personal details and post here so we can advise if it is enforcable or not, certain terms must be evident on it etc etc. I would simply stop all payments and wait for the creditor to make the next move. It is definitely worth informing the OFT and your local trading standards of the non compliance, though keep in mind the previous advice given with regard to them taking action, or subsequent lack of! regards, shane
  3. Hello Basil, Having read your site it mentions onces you have registered and paid the fees then our details would be pased onto third party specialist business partners who would then do all the work and act on our behalf. Could you elaborate a little more on these business partners and the types of companies/organisations they are please etc regards, shane
  4. hi popeye, can you post up the defence yeah the motions/directions are submitted at the AQ stage kind regards, shane
  5. hi postggj, have a read of this thread - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/115630-pricing-default.html?highlight=pricing
  6. your both very welcome! best of luck regards, shane
  7. sure here you go Kpohraror v Woolwich Building Society - [1996] 4 All ER 119.pdf
  8. Hi, see attached for the case regards, shane Woodchester Lease Management Services Ltd v Swain and Co.pdf
  9. Hi popeye, sorry for the tardy response, got several claims on at the moment. When do you have to get your defence in by? regards, shane
  10. Hiya, Overdrafts differ from loans and credit cards, they are regulated by the Consumer Credit Act however subject to a Determination Order by the OFT the lender is not required to hold a credit agreement to enforce the debt. However, the lender IMO is required to have infomed you on the basic terms of the overdraft when it was opened, ie credit limit, rate of interest, repayments etc. They should of written to you with a brief outline of these terms. You would need to send a S.A.R - (Subject Access Request) to ascertain whether they ever sent this or not. I agree with Paul in that should this be escalated to litigation you would most likely be successful in getting it stayed, DJ's seem to want to Stay as many cases as they can a the moment. kind regards, shane
  11. a counterclaim would be a waste of money IMO as it would only be stayed pending the OFT Test case besides which if i read your post correctly your original claim for penalty charges has already been stayed? Is the debt in relation to an overdraft or a loan? kind regards, shane
  12. I would be more than happy to donate, gauging how a court and more importantly a district judge acts in situations like this invaluable, though I've been in court for similar cases on many occassions we still have to few 'real experiences' to go on. Maybe a post outling the facts of the case, donation etc and a link to a paypal account would be allowed? kind regards, shane
  13. Hi Rilly, Yeah you should send them to Howard Cohen & CO, always send any letters with regard to litigation to the addres stated on the claim form with regards correspondance. and have a very merry xmas!! kind regards, shane
  14. I agree, even if novation takes place the rights and duties under the CCA still stand, as such the creditor must still adhere to a CCA Request, though ufortunately debtor cannot withold payment after 12 working days due to overriding CCJ Judgement kind regards, shane
  15. Hi Rilly, As Goldlady mentioned, CL Finance have a bad reputation for filing claims extremely quickly, if they did not send you a letter before action giving you a set period to comply (normally 14 days) then they have not complied with the Pre Action Protocols of the Civil Procedure Rules. The facts are as follows: In order for a debt to be enforcable a regulated agreement must be in place, it is up to the creditor to provide this agreement and it must adhere to the ACT and Regulations, if it does not or if an agreement does not exist the debt could be completely iredeemably unenforcable. In order for a creditor to formally demand the full balance and take any further legal action they must first serve a default notice to the debtor, this notice must also comply with the regulations and accurately state the financial details such as the 'sum due' to remedy the breach. Should no default of been served, or it overestimates the sum due it could be invalid and void meaning the creditor has no right to take this legal action. They claim a notice of assignment was produced and sent to you, do you have any recollection of receiving it? If not, and again it would be up to the creditor to prove one was sent by providing proof of postage then the claimant has no legal right to bring this action, as such the case should be struck out in entirety. You also mentioned the majority of the balance is made up of penalty charges, well this invalidates the default notice for a start, and gives you the option for a counterclaim for their refund, also as its not a bank account any counterclaim would not be subject to a stay pending OFT Test case. I think you should do the following: 1. Send a CCA Request, letter is drafted below. 2. Send a CPR18 request for information to the claimant in order to accurately file a defence. You would also request a copy of the credit agremeent in this request but the benefit of sending a CCA as well is that the Act states should the creditor not comply with 12 working days of reciept they enter into default and cannot enforce at all, which includes court action. ----------------------------------------------------------------------- CCA Request: When sending this letter you need to enclose a fee of £1, if possible try and use a postal order. Also, do not sign it simply print your name Dear Sir/Madam I ACKNOWLEDGE NO DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT Re:− Account/Reference Number With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. We look forward to hearing from you. Yours faithfully ----------------------------------------------------------------------- CPR Request letter: REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES Dear Sir/Madam, I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 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 by the **DATE**, which gives you ten days to provide what has been requested. 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. 2. All records you hold on me relevant to this case, including but not limited to: a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account. b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations c. 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 Barclaycard. d. 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. e. 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). f. 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. g. 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. h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 j. 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. 3. Any other documents you seek to rely on in court. 4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006. 5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. I will require this information within the next ten 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. I would appreciate your due diligence in this matter. I await your rapid response. Yours Faithfully, ----------------------------------------------------------------------- You can send both letters together, ensure you use the special recorded delivery service for the fastest delivery and retain proof of postage. You should also file an ackowledgement of service, make sure you do so before the 14 day deadline, this will then give you a further 14 days before you have to file your defence. We can prepare a proper defence for you once the claimant has responded to the CPR request, should they fail to do so the judge will take a very dim view. kind regards, shane ____________________________________________ All advice is offered freely & without prejudice If my post has been useful to you please click the scales
×
×
  • Create New...