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I have quite a few default notices from them, but without the agreement are they needed?
Hello there 1littleduck,
I have just looked at those doc's, it does not look like a credit agreement to me, so it will be rendered unenforceable by the courts, if the contract is unenforceable, then the defaults are unlawful.
What is your position regarding the debt? Are you in a financial crises situation? Is there a dispute with the account?
In one of their letters they refer to not locating the agreement but state that without sight of a signed agreement, they would not have granted you credit.
To put it simply, at this point they have no signed agreement to produce and to win any court action, they would need to produce such to win.
As they have instigated proceedings, you should make a request under Civil Procedure Rules where they will be bound by Law to produce the documents they intend to rely upon, one of which should be a signed agreement. If they cannot produce, they have no case. (i am assuming you have not done so yet).
I have had a quick look at the Nationwide link you posted and the defence mentions CPR in it so I am also assuming you know what to do.
If you have not already done so, send off the CPR letter as soon as possible so you may include it in your defence.
Of course I will pay you everything you say I owe with no proof.
Oooh Look....Flying Pigs
Hi all.. Thank you for your response.
my defence, although I have kept it very short as due to the lack of any agreement, I feel that there is nothing the courts can do anyway. I have only used the N/W to part 13
I have added to the bottom, that I respectfully ask the court to allow me to change my defence should lloydstsb produce a signed agreement or even a copy of such.
I have sent the CPR request off… so only time will tell.
I cannot upload it as I am using a dongle, as he has cut my internet and fone line..
The balance on this account is very high.. over 11K, but I have lost my job some 18 months ago..also my house is up for sale due to the end of the relationship from a man who conned me out of everything… so I am having to fight everyone to survive…
I have another problem with TSB…on another thread, which I started awhile ago, hopefully someone can help me with this… They have managed to obtain a CCJ and are now trying to attached this to my property. It was for a personal loan, and I didn’t know where I stood on it.
Again.. I have not received a signed copy of any agreement.
Hi all.. Thank you for your response.
my defence, although I have kept it very short as due to the lack of any agreement, I feel that there is nothing the courts can do anyway. I have only used the N/W to part 13
I have added to the bottom, that I respectfully ask the court to allow me to change my defence should lloydstsb produce a signed agreement or even a copy of such.
I have sent the CPR request off… so only time will tell.
I cannot upload it as I am using a dongle, as he has cut my internet and fone line..
The balance on this account is very high.. over 11K, but I have lost my job some 18 months ago..also my house is up for sale due to the end of the relationship from a man who conned me out of everything… so I am having to fight everyone to survive…
I have another problem with TSB…on another thread, which I started awhile ago, hopefully someone can help me with this… They have managed to obtain a CCJ and are now trying to attached this to my property. It was for a personal loan, and I didn’t know where I stood on it.
Again.. I have not received a signed copy of any agreement.
Good morning Littleduck,
Where is your other thread regarding this CCJ, what forum?
alot of links to photos I'm afraid, but I guess too much information is better than not enough... and possibly may also help anyone in the same possition.
I would be grateful for any help with this as it is a charging order on my house.
Lloydstsb Taking court action
..
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Originally Posted by 1littleduck
