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Ok, Here's the first one guys and gals. Its for the lowest amount and from Creation. They have sent me every statement, but just look at the enclosed letter and requested CCA. Enforceable or Not ??

 

 

 

img019.jpg

 

Absolutely Blank!!! Nothing on it whatsoever. Now do I just sit tight and wait, or send a letter back advising they have defaulted on sending the required agreement. My instincts are to just sit and wait as they obviously can't provide it, but what are the thoughts of you experienced ppl. Thank You

 

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Taz you may wish to have a read of my thread as it's a very similar situation where RBS couldn't find a copy of the agreement.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory, thats excellent!!! and well done m8. Would you advise me to send your letter to Creation and see what I get back?? or just sit and wait. The wording in your letter is fantastic Rory, I'd just cut/paste and add my own details.

 

I particularly like the bit about, records must be kept 6 years after the account is CLOSED not opened.!!! Excellent!!

 

let me know Rory and thanks.

 

I may have a lot of these coming through my door, as I said, most are well over 10 years old. I didn't even realise this creation one was so old.

 

thanks, regards Taz11

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I would send the letter to creation. You want ensure that's it not all one sided and make them aware that you are thoroughly aware of what you can do to them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory, thanks for that. I am inclined to send them the letter, alternatively they have replied within the 14 day period. Is there a template doing the rounds which I can send stating that the agreement is in dispute because of failure to provide a valid cca (with no mention of the 14 day period, as they have complied with this). I have looked about for it, but can't seem to find the right thread.

 

whoops, just realised they haven't complied because I haven't got one, perhaps best to wait until 14 days are up then hit them with the non compliance letter...........your thoughts appreciated as always rory

 

thanks again

regards

Taz11

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  • 4 weeks later...

Having sent a cca request to creation, to which they kindly obliged with a totally blank document!!, I forwarded a non-compliance to my request and account in dispute letter on the 23rd, which they received on the 24th.

 

This morning I receive a letter dated 28th, Final notice, you have failed to make payment...blah,blah blah.

 

FAILURE TO RESPOND TO THIS LETTER MAY RESULT IN A DEFAULT NOTICE BEING SERVED AND YOUR ACCOUNT BEING PASSED TO A DEBT RECOVERY AGENCY FOR THE COLLECTION OF THE FULL BALANCE.

 

Now, as far as I'm aware, they cannot do this whilst the account is in dispute.??

 

 

Is par for the course that the left hand knows not what the right hand is doing??.

 

 

Do I sit back and let them proceed, knowing I have evidence of postage, request etc.

..or do I again reply, but keep replying seems pointless.

 

 

If they pass it to a DCA after failing to respond to my request what if any, laws have they broken, and can I report them in any way by failing to comply with my "account in dispute" letter by forwarding it to a DCA.

 

Thanks

 

Taz11

 

Anyone please ??, I really would like to know what the circumstances/actions are, if a CC pass the debt or issue a default if they have not complied with a cca request and had notification of " account in dispute".

 

 

thanks

 

Taz11

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After 12+2 days the account is in dispute. They cannot then enforce this debt full stop. Ignore all the threat-o-grams they throw at you it's all hot air!

They will get fed up eventually but first you will have the many more letters such as:-

 

"Special offer pay 30-40-50-60-70% for a full & final"

"Our monkeys are still looking, we are trying hard so please pay"

"Still looking how about giving us 40% for full & final"

"Our monkeys have been watching blue peter and here is your CCA that we made from a toilet roll, newspaper & kiddie glue"

"OK so you don't like our creative work please pay us for trying"

"How about you pay us some money for a full & final, you choose how much"

 

and finally the jewel in the crown letter

 

We have been advised that the CCA you requested has been lost,destroyed,eaten blah,blah,blah. Therefore we have closed our file.

 

However if do find it in the future "I'll Be Back............."

 

Take a look at my threads under my name for my cases won & in progress

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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Having cca'ed Creation, and had a blank cca returned (see above),

 

 

I then issued them a non compliance letter (to which they replied, "we are looking into your complaint").

 

 

Today I receive a default notice.

Can someone please tell me what action needs to be taken.

 

 

As I keep stating in my posts,

I was under the impression that they could take no action whilst the agreement is in default,

yet they seem to just ignore it.

 

 

Do I just wait till they threaten to try to take me to court without a valid cca agreement??,

or do I persist in sending them letters..

..i.e non compliant etc...??,

which if they keep ignoring seems pointless.

 

I really would like to know the answer to this,

as I'm also receiving statements requesting money from other credit cards,

who also seem to have ignored the cca request and non compliance letters.

 

Thanks for any advice

 

Taz11

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Can u post up the default notice minus personal details so we can see if its valid.

 

Ignore them, nothing to worry about until they proceed with court action and that would be foolsh without a cca.

 

Also is this the first default notice received on this account?

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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upto the eyeballs, as always m8, thanks for the reply. Yes it is my first default notice. I'm just going out the door, so I'll post it later if thats ok.

 

Just as a matter of interest, if credit card companies in genaral ignore cca requests and non compliant letters and still send statements, should I do anything m8 ??, or just wait till they try court, so that I have a little build up of statements showing that they have tried to claim money whilst in default.

 

I'm just a little lost in that situation??? and not sure if any, my answers to them??

 

 

thanks again

 

Taz11

 

hi upto the eyeballs, sorry for the late reply, been busy on my other threads..lol

 

This is the default notice I received, after sending a "failure to comply with my request letter"

 

thanks

 

Taz11

 

DEFAULT.jpg

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  • 3 weeks later...

Well after admitting that due to an anomaly in the system the cca is unavailable (further back in this thread), and then sending a default notice (which I would like to know if its valid or not, please see above), they now send me a letter saying a member of staff may be able to come to some arrangement???. What are they playing at?? Any need to reply ??

 

thanks

Taz11

creation1.pdf

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  • 1 month later...

Well, have now received a letter from Drydens, see below. Apparently my account has been terminated with Creation, and they obviously now have the account. I have received the above notice but still not sure if it is executed correctly. I am replying with the letter below. Your opinions as always appreciated.

 

thanks

 

Taz11

 

Thank you for your letter dated 27/03/2009 and received by me on 28/03/2009.

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with your client , and has been since 23/12/2008.

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974. On 04/12/2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference,for which I have proof of postage and delivery.

 

Your Client has failed to supply a copy of the original agreement, properly executed with historic prescribed terms and conditions relating to the alleged agreement. This has been pointed out to your client. I cannot understand why they would sell/pass on this debt to yourselves as it is in serious dispute.

 

As your client is now in default of my Consumer Credit Act request, and has also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to your client for resolution of these defaults and breaches, as Drydens Lawyers cannot lawfully pursue any enforcement activities.

 

If Drydens Lawyers choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I would also like to add at this point that I am in possession of a letter from your client dated 10th December 2008 stating that due to an anomaly in the system they cannot provide an original signed agreement.

 

You will appreciate that if you decide to take court action you will be forced to produce the original agreement.

 

You will also be aware that a judge is not permitted to make an enforcement order unless the creditor can provide a true signed copy of the original credit agreement containing all the prescribed terms.

 

I will be obliged to produce the letter in court, received from your client stating that the original agreement cannot be located.

 

I would also like to add that your client has recognized there is a dispute/complaint by the letter forwarded to me on the 2/02/2009 where I am advised the matter will be investigated fully (copy enclosed) and the findings of such will forwarded to me as soon as possible. At this moment in time I am still awaiting those findings.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully

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  • 1 year later...

Please see post 7 with regards to this reply. Creation have sent me a totally blank CCA and have stated that due to an anomaly in the system they cannot provide the signed agreement.

 

All of a sudden I am hit with a court claim from Northampton County Court (I live in Essex) from Drydens Solicitors.

 

Having never had one of these before and given the fact that Creation have stated they do not have the original and have only sent me a blank copy, what is my course of action:confused::confused: and how can Drydens take this course ??

 

The issue date is the 23rd April, and I understand that it starts service 5 days after this.

 

Do I Initially just return the claim and just tick " I intend to defend all of this claim" and then follow with a defence ??

 

I really need some help on this one as I've never received a claim and need to know how to go about it properly.:confused::confused::-(

 

Many Thanks

 

Taz11

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Thanks cerberusalert,

 

I have no problem filing it online as long as I know what I have to do.

 

Given that a blank cca has been sent and have been advised in writing that an original signed copy is not available do I opt for "defend all of claim" and then forward a defence within 28 days.

 

Thanks again

 

Taz11

 

Anybody please ??

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do I opt for "defend all of claim" and then forward a defence within 28 days.
It's been a bit quiet this weekend because of the Bank Holidays, if you still haven't had a response by later today just hit the red triangle report.gif and ask for help. ;)
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Thanks cerberusalert,

 

I have no problem filing it online as long as I know what I have to do. Given that a blank cca has been sent and have been advised in writing that an original signed copy is not available do I opt for "defend all of claim" and then forward a defence within 28 days.

 

Thanks again

 

Taz11

 

Hi Taz,

 

In answer to your query, yes, if all they have supplied is a blank form and you have the letter advising that an original is not available then "defend all" would be the option.

 

Let us see the Particulars of claim first though before you acknowledge.

 

You say the date of issue was the 23rd April so your timeline is as follows:

 

Date of Issue - 23rd April + 5 days for delivery = 28th April

Date by which you MUST acknowledge = 11th May

Date by which you MUST have your defence in by = 25th May

 

Once you have let us know the details of the claim then there are things you may need to ask for from the solicitor.

 

I will pop a few links that you will need to read in order to assist.

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Thanks cerberusalert and CB.

 

Here is the claim form. They have only supplied a blank CCA and they state in their accompanying letter they CANNOT provide a signed original copy due to an anomaly in the system. (see post 7 of this thread)

 

Can I initially go online and "defend all" and then submit the defence later ensuring it is within the 28 day period.

 

Thanks again for any help/advice.

 

Taz11

claim form.pdf

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yes you can 'defend all' online and submit defence later.

the matter will be transferred to your local court.

stick to court deadlines.

is the default notice compliant?

you may want to do a cpr request just now.

citizenb et al will no doubt be along to give further advice.

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Taz, The default notice dated 6th January 2009. Can you advise if you kept the envelope ?

 

The remedy date was 25 January 2009, unless it was posted 2nd class then sufficient time to remedy was given.

 

So, from what I can see your defence will be based on the fact that you have received a blank agreement, that contains no prescribed terms and obviously doesnt have any of your details on it. So it can just as likely belong to Joe Bloggs down the road !

 

You will need to have a read of the following threads because you will need to request a copy of the signed agreement, which Creation/Drydens should be in possession of if they want to take this court action.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html

 

I cant stress how important it is to stick to the time scales. You need to have acknowledged service by 11th May, if you are going to defend.

 

Did you receive a Default Notice? If you did and kept it can you post it up too after removing any identifying details.

 

 

Default notice in Post # 12, cerberusalert. From what I can see, it could be ok :(

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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So, CB, Given that I would like to defend on the basis of no original agreement available,

is it ok for me to "defend all" online now, so as least to get acknowledgement of service before 11th May.

 

Then what is my course of action??.

Do I request information from Drydens or creation and if so in which format.

 

 

I've read the links but slightly confused as to what route to take. :???: ..............

..and when should I be requesting this information...immediately or prior to my defence.

 

Having read the beginning of your first link, it says, keep it short and sweet, and if no agreement available,

then the court should not find it enforceable.....................

..but going back to my 2nd paragraph,

how do I force drydens or creations arm to produce the documentation.

 

Think I'm going to need some advice on all this,

but once I get one under my belt, I'm sure it will be good practice for any further litigation from others...;)

 

Thanks again

 

Taz11

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Hi Taz,

 

If it is your intention to fight this. Then yes, you can go online and acknowledge and tick the bit where it says you intend to defend all of the claim. You need to do that BEFORE May 11th

 

All correspondence should now go to the solicitors. In the first instance you should be sending a CPR 31.14 request to them. You will find a draft template in the 1st post of the following thread, linked below.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

You can only ask for documents that are mentioned in the POC, in your case that would be the agreement and the Default notice. However, as you have the original Default notice, it would be pointless making a request for that. So just make your request for a copy of the original agreement as per the instructions in the template in the link above.

 

Then you are going to have read both pt2537's links that I gave you earlier and again below.. in order to understand the next steps you need to take and by when.

 

Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED

 

CPR part 18 vs CPR 31.14 Confused? well read here

 

If you do not receive a copy of the agreement then I understand to put in an embarrassed/holding defence will just p*ss off the judge so you will need to submit applications and the such. But READ the links. I can advise, but I cant make you understand IYKWIM

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, thanks CB,

 

I'll defend online then send the cpr 31.14 to the solicitors requesting the documents stated.

 

Sorry. I'm a bit confused with your statement "p*ss of the judge*.....are you saying my actions could do this or the solicitors for failing to supply an original agreement.

 

I'll try to follow everything in order, and will post as I do so in order that I get it correctly in sequence.

 

If I receive nothing prior to or getting close to the DEFENCE DATE 25TH MAY, what are my actions??. I will read the links thoroughly.

 

So:

 

1) defend online

2) request documents from solicitors via cpr 31.14

 

thanks again

 

Taz11

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What I am saying is that you cant just acknowledge, send off a cpr31.14 then sit back and put in an embarrassed defence if the other side dont provide the information you are requesting.

 

In the links provided it will take you step by step through the procedures you will need to take if the other side say they wont provide it or that the information they have already provided (ie the blank document) is sufficient.

 

There are other CPR docs you can send to them demanding sight / possession of the information, even so far as submitting a form asking that the court order them to provide it and also asking for more time to enter a proper defence.

 

So get your acknowledgement done and CPR 31.14 sent via recorded delivery letter. If they havent responded within the timescale then we will go to the next step.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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