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tsiman

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  1. Any news? Have they withdrawn?
  2. It is from the creditor, through their solicitors
  3. So are you saying that this is something that one could, and should be competant in handling? I have lost before in court on a completely unrelated matter and thought that I would not have if I had a solicitor represent me. They tend to know the intricate details if things aren't going your way.
  4. I have issues with about 8 companies. But the most pressing is a statutory demand from Amex issued through some solicitors called stevensdrake. Send by normal post. So don't know if I've received it Amex send standard T&Cs in response to my CCA request. And have kept changing DCA's and Solicitors as I have tried to get them to comply (through some solicitors who I have fallen out with as they do not seem to know anything about this stuff apart from what I tell them from this forum). This means that I have added up some considerable costs. But it is important that I do not get this wrong. As I see it. 1. The SD was not sent by recorded post. 2. CCA request was not properly complied with. 3. Default notice was not received. 4. Additional charges added without satisfactory explanation of where I agreed to them. 5. They refused to communicate with my sols and kept changing their agents so adding considerable costs to me. I want to bring this to a satisfactory close if I can. I think I should win (and get costs awarded) but I don't feel comfortable doing the actual fight without a brief.
  5. Does anyone know of any good lawyers that deal with CCA matters. I've a number of problems that need sorting out. And yes the info in this site could help me to do it. But I'm a bit of a scaredy cat and would like a lawyer to help cross the t's and dot the i's. I reckon that I can get the costs back in court(?) I can't seem to find anyone. Anyone I can find seems to work for the opposition. Any help, anyone?
  6. Surely, a creditor would have to demonstrate in court that the alleged agreement and alleged debt were related. How would they do that if account numbers do not match. I have also read somewhere on here that if they send you a new credit token (credit card) they need to provide a new CCA. Does anyone have any idea what a court would do with this. Auntie - I will try to uplead the agreements later today.
  7. Thanks Auntie, I have read that as well. But my thinking is as follows: Even if it is not a prescribed term, how could they demonstrate that the CCA was related to the account in question. They are chasing two credit card accounts. So how would they show which CCA belonged to which account. Or even that they are connected at all. The agreements could refer to accounts that have been closed for year.
  8. I have sent CCA request to Sainsburys bank for 2 credit card accounts. They have sent CCAs for both of them, but: 1. One of them has an account number hand written on the bottom of it which is not the same as the one they are chasing. 2. The other one does not have an account number on it at all. Should CCAs have account numbers on them for them to be enforceable? And can a creditor change an account number and then still use the original agreement to enforce the new account? The agreements also have problems in a couple of other places. But I'm very interested to know if anyone knows anything about this account number issue. Thanks in advance...
  9. Adam If you are under 18 years old then I don't think it is possible for anyone to enforce a debt against you. Under the age of 18 you are not old enough under the law to agree to a contract where you owe money.
  10. Just read throught this. Wow! Can I ask, have you determined whether the document they sent you is in fact a properly executed credit agreement (with all the prescribed info including credit limit, correct apr etc) Also I was intrigued by the idea that your signature may have been cut/pasted.
  11. Would I be right in thinking that if they do not have a properly executed CCA then: 1. They will try everything they can to deny this. 2. Try to bully you into making payments. 3. Initiate court action to show they mean business. 4. Threaten large costs awards 4. Pull out and settle at the last moment. Or am I just dreaming Maybe the thread should have been entitled "Any example of No CCA produced Court Losses" From what I have read this does not work if there is already a CCJ. But otherwise????
  12. Ahh but they have not sent me a Statement of Account! So this will mean they are in default whatever they say about the agreement...
  13. OK. How about this. They admit they have omitted to send the documents. Can they continue as normal once they have sent a copy of the CCA. I have read on the board that they have to get permission from a court to enforce once they have defaulted (which they did Thur/Fri)
  14. Obvously a danger of writing a note at 21.50 on a Saturday. Obvously I meant Monday 28th May was a bank holiday (hic!). Amex have been written to telling them they did not include what they said they did. Is this a way of getting round the default, I wonder... They state that they have sent documents when they have not. But how do I prove they have not.
  15. Hope you don't mind, but I do like to see the source info. So have purchased a copy of: Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 from Stationery Office. I can confirm that it is indeed 12 days.
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