Hiya, How long ago did you send the CCA Request to Hillesden? After 12 working days of receipt if they haven't complied you are within your rights to withold payment until they do, they are in default until they comply. With regard to charges you need to send a SAR to egg to ascertain the total amount, benefit of this is that it should also furnish you with a copy of any default notice they served you, they must provide all info/docs they hold on you under sar. As hillesden are dealing with ur account you need to wait till they reply to your CCA request, when they do post up what they purport to be the agreement and we can advise as to its enforcability. kind regards, shane

legibility is an issue but i can just about make out most of it. It seems to contain the prescribed terms for an in running credit agreement. It says at the top 2/2 is there a page 1 they sent you? Also, it mentions in the cancellation box that they wil send you exact details of how you can cancel, if they never issued these in accordance with s64 of the Act the debt could be unenforcable by virtue of s127(4) of the Act As a requirement of their obligations under a CCA request the creditor must send you the agreement and any other document referred to in it, be it the cancellationd details or further t&c's the agreement makes reference to. Until they provide these they are in default meaning they are unable to enforce. kind regards shane Oh I also blotted out all your personal details on the form!

Hi phill here you go

yes i tried MtM u didn't receive it then! lol space

ditto:)

Hiya, sorry must have mis read, if they claim they are still owed a balance then yes by all means go down the CCA route. With regard to the default notice i would suggest sending a S.A.R - (Subject Access Request) this should give you sight of any default they may of sent, if they can provide it, you can then check and make sure it is compliant with the Regs. regards, shane

excellent post tomterm so would you say failure to serve a notice of assignment would have consequences on the asignee's rights to enforce? If a NOA was not served what implications does this have kind regards, shane

endangered

Hi Anita, I wouldn't concentrate to much on proving they have failed to satisfy their obligations of a CCA Request as the account is fully paid off. Technically speaking a CCA request need only be complied with if there is a balance due to the creditor. kind regards, shane

Hiya, My understanding is that for any statutory assignment to have legal effect, be it absolute or equitable, notice of assignment (NOA) must first be served to the obligee (debtor). If the obligee is not made aware of the assignment it is invalid and as such contractual rights would not of transferred meaning the assignee (Connaught) has no rights to enforce. i would be interested to hear rory and Tomterms thoughts on this, I've only recently started to look into assignments and contractual law. kind regards, shane

Hi Dave, good to see you back. With reference to the above are you claiming restitution of all monies ever paid to barclays? Would be interested to see POC's if you don't mind posting em regards, shane

scales! lol i'll click urs if u click mine!!!

Hiya, yes this is what i was referring to in my earlier post, they can omit the debtors signature but not their (creditor) own for the purposes of a sec 78 request. The question is does a rubber stamp constitute a valid means of executing the agreement on behalf of the creditor. IMO it can in certain circumstances, i've done some research into this, will post some more on the subject whe i get some spare time. kind regards, shane

Hi Jools63, First thing you should do is send the attached letter to the claimant this will then furnish you with all the info you need to mount a defence. kind regards, shane CPR Info Request.txt

Hi HAK, I've yet to test it in court, hopefully in the next month or so if creditors don't fold (incidentally I'm hoping they don't so I can get a juge's opinion on it!) It is precedent set in court of appeal which is binding on all lower courts. I would keep an eye of Paul's thread here http://www.consumeractiongroup.co.uk/forum/general-debt/93571-pt2537s-cca-request-against.html as he's currently thinking up POC's on the subject with the intention to file a claim against littlewoods kind regards, shane

hi, yes it is, in order to supply a 'true copy' which the regulations deem every copy the creditor supplies must be they can omit the debtors signature regards, shane

Hiya, when you say account is closed is there still a balance due or is payed off? With regard to the default were there any charges on the account, if so I would send a S.A.R - (Subject Access Request) to BC to ascertain the total of these. A S.A.R - (Subject Access Request) should also furnish you with a copy of any default notice sent. You can use precedent set in recent case law Woodchester Lease Management Services Ltd v Swain and Co to have any default notice voided and subsequently removed it is mis stated the 'sum due' to remedy the breach, ie if this sum included unlawful penalty charges. kind regards, shane I've attached a copy of the case as well for anyone who's interested Woodchester Lease Management Services Ltd v Swain and Co.pdf

Hiya, Requesting a CCA in this instance won't really do you any good, ordinarily you can withold payment after 12 working days if they don't reply and cease payments in totality if they are unable to produce an agreement at all, or offer a substantially reduced f&f offer but given there is already a CCJ the same principles unfortunately don't apply. If you really want o look at having a the CCJ setaside have a look at the attached document and i would also suggest contacting the national debt line, they are experts on these matters but IMO it would be a wasted effort on your part and could incur costs shoould your request be denied. 12_how_to_set_aside_a_judgment_in_the_county_court.pdf

Typical barclaycard application form, no prescribed terms are evident and parts of it are illegible. Is this al they sent or were there any t&c's sent as well? Did they send a statement of account? kind regards, shane

Hi DM, sorry really busy at he mow, lets's not forget they still haven't complied with the form & content requirements as laid down by the Act & Regulations no matter how many sets of t&c's they send. With regard to their belief they've now complied fully they are sorely mistaken! I'll post up some suggestions later on this evening when i get a spare moment kind regards, shane

Keeksta, First thing I would do is contact the court with regard to the house, as it is jointly owned you have the right to know if any kind of charging order has been or is in the process of being secured against the house (I think so atleast, can't hurt to try anyway right) Secondly I would speak to your dad's solicitor, explain to them his ex's refusal to even speak, let alone disclose information that could severely affect his equity in the house is unacceptable, I'm sure the solicitor will be able to adivise further. kind regards, shane PS Is your father completely sure there are no debts in his name, don't forget this can include missed or late mortgage payments as well

the problem is because the debts are in her name he has no authority to send out CCA requests, etc which is what one would normally do to ascertain if the creditor has a legal right to collect the debt, the lack of a credit agreement or an agreement that lacks certain prescribed terms is legally unenforcable, as such the creditor has no legal recourse whatsoever to enforce the debt, including but no limited to getting a CCJ granted. regards, shane

Hi anita, can you clarify a few things, what type of debt is it, loan, credit card etc how was the account applied for, online, magazine etc and how did you go through the application process, were you sent an app form which was blank then had to fill it in and send back to the creditor or did you sign it on creditors premises (for eg at a bank) etc. Also when was the account opened. Lastly, if you could post up a copy for us to see if would be useful, you mentioned the creditor has omittied their signature, is there any kind of stamp on the form? kind regards, shane

Hi, You really need clarification from your Dad's ex as to how far the situation has progressed, if a CCJ has been granted and a subsequent charing order then it is plausible the creditors could contend for her share of equity, you really do need to find out if it has gone this far yet. Agree with all info been given so far, bailiffs need warrant of execution from the court to doorstep which can only be provided after CCJ has been granted on order of the court. kind regards, shane

Hi Moonhawk, This was my assumption as well.