Consumer collection ltd Default Notice.

[pugsley]

Have you got the credit agreement yet? and I can't see the photobucket files?

I haven't got an agreement yet, they probably have it but for the reasons you mentioned don't want to supply it for perusal.

[wellerman]

I have sent copies of My cca request, proof of postage and the Royal Mail tracking letter, to the court for the June 10 hearing.

I have not recieved anything from Creation Consumer Finance so phoned the Court up today to see if they had l;odged any paperwork, but they havent. The court has told me to write in to the Judge saying they havent sent any copies of their case they are lodging to me.

Does anyone know if this a tactic finance companies use or does it sound like they are not going to turn up at court.

[pugsley]

I hope someone has answered your query, how can you put in a defence without details of the case brought against you.

[itsamomentintime]

no CCA is a complete defence in court

[wellerman]

Hi urgent help required just recieved there defence today and we are in court tomorrow. They are claiming that they never received my CCA request thourg I have proof of postage and them signing for it.

 

" If the defendant is able to prove that such a request was made and not complied with, then I would ask the court take into consideration that the defendant will have received a copy of the agreement when he receives a copy of this witness statement"

[wellerman]

Could someone help me by reading my thread Consumer Collection and offer me some advice as I am in court tomorrow and have today received there Witness statement

 

Many thanks

[nicklea]

Hi,

 

I notice that you haven't posted up anywhere yet what the actual particulars of claim are against you. That is really needed before anyone can help. Also, it would be good to know what was in the witness statement that you have just got from them and also exactly what you wrote as your defence.

 

Otherwise it makes it really difficult to understand what is happening and exactly on what grounds they are claiming any money from you

[nicklea]

The link to his thread is here:-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/115831-consumer-collection-ltd-default.html#post1157125

[Michael Browne]

the defendant will have received a copy of the agreement when he receives a copy of this witness statement

Have they included the agreement with the witness statement?

[wellerman]

They have included a copy of the agreement with the witness statement.

In the notice of Allocation it stated that each party shall deliver to every party and to the court office copies of all documents on which he intends to rely at the hearing no later than 28 March 2008. The witness statement that arrived today was dated the 6 June 2008. Hearing is on 10 June.

[wellerman]

Particulars of Claim

1 By an agreement dated 29/05/2004("the agreement") the claimant lent the defendant the sum of £2,508.84 to be repaid by 1 instalment of £69.69 followed by 34 monthly instalments of 69.69 and a final payment of £69.69.

2. On the 27/09/2007 there were arrears of £1,588.49. The claimant sent the defendant a default notice pursuant to the Consumer Credit Act 1974 dated27/09/2007 requiring the arrears to be paid within 14 days.

3. The defendant failed to comply with the notice and the claimant terminated the agrement by written notice dated 11/10/2007

[wellerman]

now i have had time to go through their witness statement i can see that the cca they have sent me. Which is an Open and Direct credit agreement is a forgery.

I have the original and the signature is slightly different it is dated in one place where it isnt on the original and the signature on the "signed for on behalf of open and direct" is completely different

[itsamomentintime]

if its a forgery then you need to get the fraud squad involved already

[wellerman]

Thanks for the reply.

So tomorrow in court am i going too shoot my self in the foot if I show them my original copy to show the judge the one they have sent me is a fake.

[wellerman]

Hi I am in court today.

All paperwork had to be into the court by the 28/3/08.

I received their witness statement yesterday dated 6/6/08

In it is a CCA which is a total forgery as it is completely different to my original.

My case is a lack of cca by showing my original in court to prove theres is a fake am i admitting liability.

The full thread is in General Debt under Wellerman Consumer Credit Ltd.

Thank you for any help.

[MrShed]

Thats certainly something of a catch 22.

 

Does the signature match your own?

[pt2537]

can you not prove there is flaws in the agreement by some other means,

 

i have found it useful to use the default charges arguement as some people come to us with credit agreements from before 2006 and we all know that 2006 was when the OFT ruled that they would consider all charges above £12 would be unfair so the lenders lowered their fees yet when they get a "true copy" of their agreement, it turns out that the default charge is £12 and not the 25-30 which would have been when the agreement was originally taken out

 

when was the agreement taken out and what does it say regarding default charges?

[Bookworm]

3 threads merged.

 

If you post all over the place, people might miss important information and accidentally mislead you, or you might miss an answer on another one of your threads, either way, it doesn't help you.

[wellerman]

It looks like my signature but is definitley slightly different to the origianal.

Also the original wasny dated under the first signature there copy is.

Their representives signature is also completley different.

[wellerman]

DD failure £15

Returned cheque £25

Letters £10.00

[wellerman]

I have just come back from court. The judge was very critical off the claimants solicitors lateness in sending the witness statement.

He was also very praising in the CCA letters and other points of law I have used from reading the forumns.

Unfortunatley he said at the end there were no winners or losers so Greenhalghs can come back at me.

Any thoughts on my next move

[pt2537]

I have just come back from court. The judge was very critical off the claimants solicitors lateness in sending the witness statement.

He was also very praising in the CCA letters and other points of law I have used from reading the forumns.

Unfortunatley he said at the end there were no winners or losers so Greenhalghs can come back at me.

Any thoughts on my next move

so what has the judge said will happen now? has he given any directions or guidelines ?its hard to advise you what to do next when we dont know what the judge has told you must happen or must be done etc