Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    johannab Novitiate

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    Default CCA request,no cca on file! HSBC

    Hello,
    I have an old HSBCicon debt which is now with a solicitors/collection agency.I have paid £90 pcm for many, many years on the debt and have reduced it from 12k to £2800.
    I have scanned the letter I received from them today in regard to my cca request.I hope my scan is clear enough.
    Any advice welcome....



    PS credit card reclaims - claimed ALL charges and interesticon from MBNAicon and Natwesticon and upon my 2nd letter declining their paltry offers they gave in and both paid ALL the fees back with interest.

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  2. #2
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    Default Re: CCA request,no cca on file!

    Sorry johannab, it's too small to read.

    Could you upload using photobucket or similar please?


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.



  3. #3
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    Default Re: CCA request,no cca on file!

    http://i733.photobucket.com/albums/w...LETTERSCAN.jpg

    hi, thanks,maybe this will work.Thanks for your time,
    jo


  4. #4
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    Default Re: CCA request,no cca on file!

    No CCA = unenforceable.

    Keep that letter safe

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  5. #5
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    Default Re: CCA request,no cca on file!

    Oh, aren't you in luck - no agreement, no debt!

    You can play it 2 x ways

    1. Write & tell them you know this debt is unenforceable as they have no agreement & suggest (a) they wipe it off & remove any defaults from your file or you will take them to court to get it declared unenforceable plus claim all interesticon paid to date on the loan (which will cost you time & a little money for fees etc. but should be reclaimable against DG)

    2. Put the account in dispute based on the above, do nothing & wait for them to take you to court or 6 yearsicon to expire. However they will def. default you, which if you have been making regular payments thus far, could affect your credit rating substantially in the next 6 years.

    IMO, I would take (1) but you will have to do considerable research to press the case home if it goes to court.


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.



  6. #6
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    Default Re: CCA request,no cca on file!

    Quote Originally Posted by foolishgirl View Post
    Oh, aren't you in luck - no agreement, no debt!
    Ermmmmm......the debt would still exist - it's just unenforceable in court.

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  7. #7
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    Default Re: CCA request,no cca on file!

    thanks for all your help. There is already a default on the account so at least they can't do that to me!

    Is there a template of letters for my next steps anywhere? I am looking at the pack on the site for £17,I think that may be what i need.

    I am worried about what they will do if i stop paying...as i have been paying without complaint for 8 years would a court not deem the debt valid?

    Johanna


  8. #8
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    Default Re: CCA request,no cca on file!

    For it to be valid, there has to be an enforceable CCA - it makes no difference if you have previously made payments.

    There is a template library on CAGicon which contains all the letters you need for free - The Consumer Forums - Library

    There is also this one: http://www.consumeractiongroup.co.uk...templates.html

    Other CAGgers (including myself) also have all manner of template letters for different circumstances.

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  9. #9
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    Default Re: CCA request,no cca on file!

    Quote Originally Posted by clemma View Post
    Ermmmmm......the debt would still exist - it's just unenforceable in court.
    I stand corrected, slip of the fingers.

    However I did go on in that post to explain how to ensure the debt remains unenforceable & therefore only has to be paid if the OP so wishes.


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.



  10. #10
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    Default Re: CCA request,no cca on file!

    thanks for all your help,its much appreciated.



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