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  1. Thanks for the responses guys, - great to read! This debt has now moved on to ANOTHER company -- the claimant details thus amended in the court case -- and still no enforceable agreement - just the same old application! When this goes to trial (still no date yet - this is now 18 months on!) I really do only have the ONE argument ... no agreement - no debt - and that is the LAW.
  2. Nice One!! Can I ask what you're planning to do with the debt now - are you strolling off into the sunset with a smile? Hope so!
  3. Excellent link - thanks! I don't want to appear bullish to a judge - but why he couldnt have thrown the claimant's application then and there astonishes me. If I had a 'weak' defense I would have been thrown out in 5 minutes! They had their chance to defend - and actually broke the law in sending me an application. I've said that I'd report them to trading standards (and will when I get 5 minutes to breath!). Yes - well worded in that the judge is there to uphold the law - and not act wishy washy over my moral acceptance. Thanking you
  4. Hi All - comments on the below welcomed Re: HFC Bank (Marbles) / Restons Solic 1. CCJ against me after determination 2. I then filed a motion to set aside as the claim amount included unlawful collection charges. 3. In the interim I asked the creditor for the credit agreement. 4. All I received was an application with ZERO mention of Ts & Cs - these were provided on a separate sheet WITHOUT my signature (ie they could have come from anywhere). 5. This fact was reported by me to the court as additional evidence - and copied to the creditor - who rather limply replied that they would defend it is in fact a credit agreement. Jump forward to court day: 1. The judge summarised my defense perfectly - called the creditor's witness statement 'weak' in countering my quotes of the CCA 1974 act. 2. The judge has now adjourned the case to allow the claimant FURTHER time to counter my claims that the debt is unenforceable without the prescribed terms. Incidentally, at the hearing the creditor agreed to remove the collection charge. NOW THEN... If the boot was on the other foot I don't think the judge would have given ME any more time to further my cause! In any event, Restons/HFC were woefully unprepared so I don't think they can strengthen their defense. HOWEVER, The judge was of the mind that as I MORALLY ACCEPTED THE DEBT - a court COULD let this CCJ stand. Now I know the wording of the act which precludes a court from legally enforcing a debt. I think the judge liked me - I say again he called their defense 'weak' (and this would have been reported back to the claimant!) and he only sounded out a word of caution to me that if the creditor COULD prove the agreement then I would be liable for their cost from this point. So my question to you all is thus: Surely a moral acceptance of debt cannot trump consumer credit law - and would I now best be armed with the ability to quote cases where such CCJs have been thrown out? I wouldn't want to cross the judge - but it appears to me the law is clear in this instance - none of the terms are not there. I don't want him sanctioning a CCJ and ignoring this facet of credit law - and my argument is unwavering due to the shoddy application form that has been submitted - and the claimant has had plenty of opportunities to prove otherwise! Thanks in advance, ALL.
  5. Hi all-could I have opinions on this pesky 'application form' I believe is masquerading as an agreeement (because it uses the word -but does not comply with section 78!) I need to have this thrown out in court shortly- thanks in advance!
  6. Of my dozen creditors, only one has apparently sold the debt on to a DCA (I'll check if that's true on my credit file) - whether the others get bored and sell my accounts in time remain to be seen. If I do encounter periodic squeezing then I'll CCA them ! I will approach the single DCA I have at the moment -just to see how much leverage they have over me with an agreement ... or not ...
  7. I believe the application form won't stand as a credit agreemement -so subsequent proving of joint & several liability of a 2nd card holder will be moot, hopefully. I'd like to continue to hear what folk have to say about my form above - thanks for the responses
  8. Sure - as part of an agreement when making an F&F settlement to them - tho without a court instruction they may still only mark it as partially settled. If you CCA'd them and they were unable to produce an executed agreement then you may have some grounding to write to the 3 credit agencies and ask them to remove ALL entries made by this creditor - but then you enter into the realm of making the creditors sour - and rather than agree to your repayment offers they may go for the jugular and CCJ you. I've prepared for a few years yet with a shot credit file - when I see the light at the end of the tunnel then I'll try my damndest to clean it up all nice n polished. Ultimately there are slim odds of me requesting credit again - that's called turning over a new leaf and I'm glad to have learned the lesson, believe me!
  9. Same here - a couple of creditors haven't even marked late payments - but a few have gone down the 'default' route. I think they like to spite - even tho 'Repayment Programme' is stated in the info and is visible to ALL!
  10. Hi - I'd appreciate opinions on the below - I don't think it looks like an executed agreement AT ALL - so I'm looking to have the case thrown out at my court hearing! Can the T&Cs on the flip side of this original be admissable (not that they've YET' sent these to me!)? Naturally if they produce ANY T&Cs it requires my signature, yes? Else they could have plucked them out of anywhere?!?! On with the show - thanks in advance, ALL:
  11. Ok - here's the 'agreement' as sent to me by Restons (acting on behalf of HFC): 1. Quotes 1974 CCA act - 'This is a credit agreement' - painfully isn't, surely? 1. No terms quoted - mentioned as 'in this pack' regarding PPI 2. Shoddy HFC signature 3. Passing on info to credit ref agencies - have I granted permission here? ie I can't ask credit agencies to remove entries if this proves not to be executed correctly? 4. Is my 2nd card holder jointly liable at all? We're now separated ... different ballgame I know. All opinions gratefully received!
  12. Incidentally, I had one creditor who was offering to knock off 40% of my debt to settle then and there - this debt was then sold to a DCA - methinks they may have been panicking with that offer, so I may CCA the DCA - just to see what they have! If the debt was sold cheap then that makes F&F far more appetising, yes?
  13. I think it would be good in 4 1/2 years time to say to them 'look - I've paid you what I could afford for this length of time' - then make them a low F&F offer to get off their books - I'm sure they'd rather snap the money up then! Being confrontational now by claiming the debt is in dispute and not making any further payments (when they could have slammed you with a court claim) could backfire - and when I've a dozen creditors I don't think I could hit the court with that frequency! I've still one creditor who insisted on being awkward and taking it to court - now I've the judgement set aside - will counter claim - and lo & behold it emerges they have no credit agreement, so I'll be asking to have it thrown out! Then they'll accept my monthly payment and be VERY open to a F&F later on down the line. Quite frankly is what they deserve! Creditors play fair by me then I shall let them be (ok - I may ask them politely to reduce the amount by the charges) ... until 4 1/2 years time (ie near 10 years on from these debts) when I may point out they don't actually have an agreement - meaning they should be more likely to accept F&F and clean my credit file up! Thanks for the replies, guys
  14. Thanks for the response! Yes true - I could have bought a scanner at a pinch of the cost! I'm going to see if the scanner at work here is up and running - the 3rd party blurb I was referring to (the only info on this 'application form') was about sharing info with credit reference agencies - does this mean that I can still go crazy at the credit agencies and ask them to remove all Marbles entries if the whole agreement proves to be null & void? 1. One more query until then - there is reference to 'terms and conditions in this pack' - if that's the case and there's no signature on any Ts & Cs they may produce - that would still be an unexecuted agreement, no? 2. Ok - two queries: What if the Ts & Cs were to appear on the reverse of the application - and the original produced in court - would that be sufficient? In short, I imagine they know they haven't got the signed T&Cs - else they would have sent them to me surely?! Thanks again!
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