DLC/Hillesden Citi Card please help

[the_shadow]

So The Shadow, are you saying CCA requests are a watse of time now, I'm confused I've been waiting for mine for 3 years. Will I end up owing more than I could ever pay back in a life time due to added interest etc. Please can someone clarify the current situation on this, will an unsigned reconstructed agreement be aceppted by the courts as proof of my agreement to the terms within? Sorry if I'm being a bit dim but I really would like to know of the possible consequences of my actions and if those consequences have changed since I first started down this path.

 

 

thanks

 

 

Eli

 

Hi,

 

Unfortunately over time things change and the test cases have changed certain things. In an ideal world the abscense of a signed agreement should mean game over however the judiciary are certainly coming down on the side of creditors more and if you dont defend correctly or get the wrong judge then yes you could lose despite not having a s78 response.

 

As Coledog has stated they have opened the can of worms that is the CPR and hence you could if you wished send a CPR letter requesting the information. Citicards have always been slack in releasing information, indeed it seems they have tried to abstain from even giving the info to their own DCA's in the past.

 

S.

[the_shadow]

Thanks for your replys. I am worried now as I had a call last week from DLC saying they had sent my agreement, it has not arrived yet but I have the feeling it's going to be a reconstructed one. I just read Shazza50's clash with them and she was very unlucky and now it seems they have gone for broke. Can you apeal should you get a DJ that choses to ignore the point of law that states you can not grant a judgement in favour of the claimant without seeing an enfocreable agreement.

 

 

I'm sorry to say there has never been such a point of law.

 

County court is based on probabilities not certainties and therefore they have to convince a judge 51% that you have had the money AND signed an enforceable agreement AND complied with all regulations and statutes to obtain money after a default has occured. You have to likewise convince the judge 51% that they have not and did not.

 

S.

[the_shadow]

Hmm I would say there is a difference...

 

A true copy is a copy taken from an original sourced agreement, a reconstruction is a created agreement made from other sources.

 

S.