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MamaBell

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  1. okie dokies.. & yet again - thank you
  2. Thanks for the well wishes.. I'll have a dig around & consider the best approach.. One quick question though.. .. if you don't mind.. does their credit agreement comply with the CCA 1974? I'm kinda thinking it does but also wondering if my googly eyes have missed something.. MB..
  3. Hi Andy, Thanks for getting back to me I've read through the linked thread - although I'm a little confused as to which points in particular are relevant.. or is it the idea that there isn't really a good defence in the first place? If that's the situation here then please don't waste any more of your time.. much better spent elsewhere.. Besides.. I've found enough new info out of this case to enable me to go and try a set aside on another ccj.. so.. some you win.. some you lose I guess.. Thanks!! MB..
  4. okies... last bump.. for anyone that can help please??.. MB..
  5. Hi Andy Yep, joint personal loan. We were on a payment plan prior to the CCA request. No SAR was ever requested on this one. Received the relevant default and pre-litigation notices. Call-centre application (they called me) & the agreement & cheque was delivered by courier who viewed the id - hence why I asked them for id docs. No penalty charges that I'm aware of but that's a really good point - I'll have a nosey through the file and see.. MB..
  6. Okies.. So, there wasn't much to the original defence to this claim due to the way events unfolded - they started the court action before responding to a CCA request made several months earlier. Actually, I wish I could have a go at this one all over again - you learn so much that it would be nice to have a trial run first of all.. anyways.. Original defence in summary: CCA request sent by recorded delivery to the Claimant's agent (Blair Oliver & Scott) on **/03/07 was ignored. Claimant initiated court action **/11/07. Claimant has defaulted under CCA 1974. Claimant has continued collection activities throughout this period. Claimant has failed to provide when requested copies of identification records required under anti-money laundering legislation. Claimant has ignored a request (recorded delivery **/11/07) under CPR for information necessary to my defence. Then some blah blah about me not acknowledging the alleged debt & that they couldn't provide any agreement because no such agreement exists. Further, that they were withholding information when requested under CPR and were thereby preventing me from filing a defence. And that is how it stood until January of this year. Then the agreement as attached turns up, but still no T&C's, id records or CPR info. So I just let things continue because I thought it was going in my favour. I reminded them by letter (recorded of course) about 10 days before trial that I was still waiting for a response to the CPR request. Think I was hoping that I could use that on the day and buy myself some more time and so on. Anyways, the agreement contains all the prescribed terms? Thanks, MB..
  7. Hi Andy.. will post it up when I get back home.. thanks.. ..it's attached as a pdf file a few posts ago.. or am I missing something? MB..
  8. bump.. anyone help please?? MamaBell..
  9. Thanks for the replies!! My scanner decided to die yesterday, hence the delay in getting a copy of the loan agreement on here... attached a piccie on a pdf though.. the relevant section is on the left by the way.. right-hand section is another agreement.. ..looking through some of the claimant case papers I think they may have included a copy of the T&C's for the hearing.. it is entirely illegible however.. typically dodgy photocopy huh.. MamaBell.. credagree.pdf
  10. ..thanks for the welcome Blue.. it's good to be here..
  11. Hi Everyone, Apologies if the following appears somewhat scatterbrained or a bit of a ramble but I'm trying to get some opinions/advice on how to deal with a court case that I've recently lost. Rather than going down the long-winded approach I figure most of you will be aware of the typical debt collector/ bank collection activities prior to this point. Anyways, my defence was based on the following points: 1. Creditor failed to comply with a CCA request. 2. Legal action was started prior to fulfilling the CCA. 3. CCA eventually turns up but is missing the T&C's. 4. T&C's requested, alongside copies of identification records & disclosure under CPR using a template from CAG (thanks!!!) 5. Requests under no.4 were never fulfilled by the creditor. However, due to a medical emergency in my family I couldn't attend the hearing and the court ruled in favour of the creditor much to my surprise!! So I'm wondering if I should take this up and appeal or whatever the correct procedure is? Any ideas, suggestions or even a joke to lighten my day are most welcome.. thanks everyone.. Peace & Love, MamaBell..
  12. Hi Everyone!! Another newbie here.. thought I should say hello seeing as I've been browsing the forums for a while now.. reading up on how to get those bank charges back & how to deal with a few nasty debts I've got lurking.. Anyways.. enough from me.. MamaBell..
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