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I was just wondering if you could help me a bit. I encouraged my mother to send out the CCA letters to some of her creditors she has had two responses today the first from Moorcroft acting on behalf of Alliance and Leicester and the other off HLCF Limited. Does anybody have any suggestions on what she should do now.
Thanks
Hayley
1st Letter
Thank you for your request for a signed copy of the relevant agreement under the Credit Consumer Act. We will contact our client and request the relevant information and ask that It be provide as quickly as possible.
In the meantime however we believe that it may be of assistance to all parties if we do also take the opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information that you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.
Please confirm whether, for example when making a statement of truth in connection with any court proceedings, you will be giving evidence as to whether or not you did not receive the goods/credit ordered.
Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.
Your Sincerely
Mrs K Dyde
2nd Letter
We write with reference to the above and thank you for your letter of February 25th 2007 and we acknowledge receipt of your cheque in the sum of £1.00 with your request for a copy of your credit agreement.
Unfortunately, after making enquiries with Barclays, due to the passage of time, they no longer have a copy of your agreement on their file and as such we return herewith your cheque in the sum of £1.00.
However, the Consumer Credit Act 1974 provides for this by allowing us to provide you with such information, as we possess it. From the data supplied from Barclays Bank plc to ourselves. We can confirm that the debt appertains to a flexible option bank account with overdraft, with a debit balance of £909.78 and a Barclay loan for an original advance of £12,200.00 lent on 13th May 1998. Barclays further advise that the account was closed with themselves on on 7th April 1999, with a combined default balance of £12,466.89. The last payment received by the Barclays Recovery Unit was on 1 October 2004 in the sum of £10.00 and the balance purchased by this company form Barclays Bank was £12,194.91.
As you are aware, we commenced county court Proceedings against you via the Exeter County Court and following your admission of the debt owed, we obtained a judgement against you for a total sum due of £13,173.87. As we are in receipt of a valid judgement against you, we are entitled to enforce the same and as such this company has commenced enforcement action against you in respect of a charging order against you on your property.
Yours sincerely
Rowan Kemble LLB (Hons)
Manager Operations and Litigation
to me, letter one is trying to get an admission of liability from you,it doesn't have one already, they're trying to frighten you into admission - I wouldn't respond to this one at all - unless you're summonsed already
Letter two - as they already have a judgment, I would err on the cautious side.
There are folk on this site who will be better people to give you advice. My intial reaction is not to respond to either...... but what do I know
Halifax - paid out without getting to court - £250 WON - no intention of going, stated too costly!!
Halifax no 2 account - paid out without a fight - (by mistake, £1650 - should have been £1200 - had to pay some back)
As stevesj says, letter 1 is a frightener, I would write back and say you will not correspond further until they comply with your CCA request.
Letter 2 is much more difficult, and would require you to have the judgement set aside. This could be possible, if you can persuade a judge that the ccj should be set aside as the claimant did not have an agreement, and you were unaware of your rights.
Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.
As stevesj says, letter 1 is a frightener, I would write back and say you will not correspond further until they comply with your CCA request.
Letter 2 is much more difficult, and would require you to have the judgement set aside. This could be possible, if you can persuade a judge that the ccj should be set aside as the claimant did not have an agreement, and you were unaware of your rights.[/quote]
Careful here..You might want to get Laiste involved if he doesn't mind..Ignorance is no defence in court of law. The judge may well rule that you did not contest this fact (if you go down the 'no agreement' route) on the 1st judgement, then why are you trying this route now..I could be wrong here, I'm just advising you to be very very careful.
PS, Letter one is the usual crud you get from a DCA,,I'd ignore it personally.
If the Banks maintain their charges are transparrent and fair, then why appeal against the decision which allows them to be investigated?
Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.
Cca Requests
, due to the passage of time, they no longer have a copy of your agreement on their file and as such we return herewith your cheque in the sum of £1.00.
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but what do I know
