Still waiting for a response from the court. Any other comments regarding the POC and defence I filed..? Many thanks Best regards.

Hi everyone. New Thread Starting... On the 9th Feb we sent Moorcroft a CCA request regarding a halifax c/card. On the 27th feb we sent an account in dispute letter On the 27th feb we also received the following response from Moorcroft. Dear ,, I refer to your recent correspondence. We are continuing to seek to obtain a copy of the consumer credit agreement that you have requested. Our systems provide for reviews to be sent to our client on a regular basis and this we are continuing to do. I will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the account has been placed on hold and that we will not seek to enforce the debt until such time as the agreement is obtained. In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account. Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level. ----- Has anybody else had this letter and what response would be suitable. Bearing in mind the account in dispute letter has been sent which may rock the boat a bit.... Your comments are greatly appreciated. Best regards.

Hi all, Just bumping the thread to see if anyone else has any comments.. Thanks.

Hello everyone - A quick update. We contacted the court today to ask on the status of the claim. The court have said it is stayed. Unless the claimant pays to lift the stay and issue docs, what should the next course of action be? Should we just let it drift off, or should we lift the stay ourselves and try to have it struck out? How long should we wait before doing this? Should the claim be struck out, what happens then? Can it be passed to another DCA to collect or is that it, done and finished.. Many thanks for your support and advice so far. Best regards..

Hi D&D, At the end of the day, you must do what is right for you and your family. If you hand the keys back I believe its still gets registered as a repossession, if you don't pay the mortgage they would repossess anyway. For your own well being it may be appropriate to rent somewhere else and try to rent out this house as suggested earlier and if that doesn't work, let them repossess it then there will be no option for them other than to accept the shortfall. Think long and hard about it and discuss it with your other half before making any decisions, but it must be your decision and you need to take advice about it and do some research so you are aware of your rights. Don't let them grind you down, we offer you our support and hope it all works out for you. Hope it goes well. Best regards.

Hi Cuz, The company we dealt with handled it well, but we spent some time looking for a good company. (there seem to be a number who are just out to take advantage of people in an unfortunate position). Please note that they purchase the house at below market level though, but they can sort out good solicitors who can help negotiate the shortfall. Will send you a message with the company name in it. Not sure how the current housing market will affect you, but if this is the right decision for you I hope it goes well. Best regards and keep us updated....

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Hi D&D. Have replied to your question on my thread and would also like to suggest the following. I believe you can give your keys back to the mortgage company, however you are still liable to pay the mortgage until the house is sold (e.g at Auction) and the mortgage provider may sell it at a price that is much lower than you can get if you sell it. Have you discussed this with anybody? e.g Citizens Advice Bureau or the Mortgage company at all? What about looking into a part exchange arrangement on a different property using the same mortgage company. Sorry to hear about your circumstances, hopefully someone else will be able to post some more comments/information which you may find helpful. Best regards.

Hello D&D We were able to sell our property while in negative equity. We did have some funds left over after paying the main mortgage and second charge, which was paid to First Plus. In order to sell the property we had to negotiate a payment arrangement with the Shortfalls Department at First Plus, however we did not sign any agreement for the payment arrangement and have not heard anything further from First Plus since selling the property. (This is odd, because reading the other posts on here about First Plus they do chase quite hard) We are currently looking at claiming the PPI back which should reduce the amount still outstanding. It is upto the solicitor dealing with the sale to liase directly with them and they can refuse to agree to the sale, however if they think the house will be repossessed anyway they may be more inclined to agree to the sale and shortfall as they would get more back. When did you take this loan out? Did it have PPI and have you requested any information from them (e.g Subject Access Request) which may help you to get them to agree to the shortfall. Hope it goes ok Regards

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Hi Debs, hope things are proceeding ok for you at the moment. Please have a look at Enrons comment on this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136720-c-c-turned-up-6.html#post1991129 You may find it useful, regarding your CCJ enforceability query. If you get any feedback on this from your solicitor, I would love to hear it. Best regards.

Thank you. We will check through the step-by-step and let you know if we have any further questions/comments. Many thanks.

Hello CCM/PGH/Everyone. Thanks for your comments, below the extra info you have requested. POC. The claimants claim is for the sum of ...... being monies due from the defendant to the claimant under a regulated agreement between the defendant and GE Capital Bank Ltd under reference ....... and assigned to the claimant on the ...12.06 notice of which has been given to the defendant, The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to Section 87(1) of the Consumer Credit Act 1974 Defence The claimant has failed to provide provide the documentation required in accordance with the civil procedure rules. They have failed to provide an exact copy of the credit agreement relating to the alleged account. In accordance with the Consumer Credit Act 1974 failure to provide this document renders the alleged account unenforceable whilst it remains in dispute. The claimant has also failed to provide the additional documents requested and is denying me the opportunity to file a full and complete defence and counterclaim and appears to be trying to frustrate proceedings. These documents include (but are not limited too) true copies of the notice of assignment and the absolute deed of assignment. Failure to provide these documents indicates that they have no clear right to the alleged debt and I respetfully request that the claim be struck out. Furthermore any information relating to account statements has not been provided which means a full and final counterclaim cannot be submitted yet and i reserve the right to submit a counterclaim at a later date should this become available. There are currently two cases going with CL Finance (see our other thread) the other should be stayed on Tuesday 24th. In both cases the defence was the same, so we seem to be getting there but any assistance/comments are greatly appreciated. Just playing the waiting game really. Many thanks.

Hi Scott, Thanks for your reply. Any comments you can make about the correct procedure to apply in being able to claim back the charges would be greatly appreciated. Many thanks.

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Part 2 http://www.cr-law.co.uk/resources/pdf/Mortgage_Repossessions_Part_22.pdf

Hello dx100uk This relates to a store card account opened in August 2003. In 2006 transactions stopped and we started token payments then in 2008 we started a DMP with CCCS. This DMP has now finished. CL Finance got involved sometime during 2006, but they have only ever had token payments, other than when the DMP was running. In Jan 2009, they issued a court claim against us, which has been acknowledged and then had a defence entered. Which the court has acknowledged receipt of. We are currently waiting for a response/AQ's or for it to be stayed. At the same time as we sent the acknowledgement of service we also sent a CPR request letter to CL/Cohens for information which they have not yet provided. They replied saying 'they are not obliged to provide this information'. Part of this included a request for the agreement, but as it was not a CCA request I am unsure whether the dispute letter for failure to comply with the CCA request is valid in this instance. This is why I have drafted the slightly altered letter above, to see if I can still put the account in dispute and hence delay or stop any further proceedings. Any comments are greatly appreciated. Many thanks Best regards.

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p.s Have drafted this dispute letter, but would appreciate any comments you have on it. Please read Account In Dispute Dear Sir/Madam. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above alleged account. You have also Failed to provide any of the other documents requested. On 27.01.2009 I made a formal request for a true signed agreement for the alleged account. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request and as such the account entered default on 16.02.2009 The document that you are obliged to send me is a true copy of the alleged executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the alleged creditor and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the alleged executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of the alleged account should have been sent to me detailing all debits and credits to the alleged account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of an alleged credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said alleged agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the other documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the alleged account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the alleged account. * You may not pass the alleged account to a third party. * You may not register any information in respect of the alleged account with any credit reference agency. * You may not issue a default notice related to the alleged account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully, ** Thanks for all your help so far. Best regards **

Good evening everyone. With regards our second problem with C L Finance we issued a CPR request when they sent us a county court claim and as yet they have failed to provide any of the information requested. Can the 'Account in Dispute Letter' still be sent to them? As no CCA request was sent. We requested a copy of the alleged agreement in the CPR request, but as I said, they haven't yet complied. (The 12+2 days allowed for a CCA request to be complied with has expired) so I was hoping to put them on the back foot again. Many thanks for the help.

First I would suggest you ring the court and ask them what the current status of the claim is. Is the claim still 'stayed' or has the claimant applied for an order lifting the stay. Ask the court what the next procedure is if the 'stay' has been lifted. The statements made by the court are more important than the correspondance from the claimant. Hopefully someone with a bit more knowledge than me will come along soon to offer you some further help and support. Best regards.

Evening everyone, for those who have been following this thread here is the latest update. We received a letter today from Howard Cohen & Co saying. Dear Mrs ... Re CL Finance vs Yourself Account.... Balance... Claim..... We refer to the defence you have recently filed in this matter. We write to confirm that this matter relates to your ... account which was assigned to CL Finance Limited on ... Dec 2006 Please find enclosed a copy of the signed agreement (This was basically a photocopy of what was sent previously - see earlier post in thread.) We now invite you to withdraw your defence and submit an offer of repayment for the outstanding balance. We trust this is in order and look forward to hearing from you. Yours Sincerely...... Now, having contacted the court and knowing if they don't reply to the court by Tuesday 24th the case should be stayed. I think we'll wait and see what happens, especially since they still haven't provided any of the other documents we requested, including any evidence they have a right to claim against this account. I think should it get stayed by the court it might be worth the £75 to get the stay lifted and the claim struck out... Anybody else have any further comments? Many thanks. p.s if we do get allocation questionnaires in the post I may need some more help from all the wonderful CAGers on here. Cheers

Thanks cerberus, thought that was the case but just wanted clarification. Absolutely love this site, finding lots of info I never knew before and has made a lot of difference to how we approach these things. Shame didn't know about CAG before Natwest stuffed us with a CCJ but are looking further into that. Many thanks Best regards.

Hi everyone, Does anybody have any comments on this many thanks