Order to attend court for questioning!!!

[42man]

ok, it sounds like if you had moved before the order was made you would have a good case to defend the order in the first place, I would send a SUBJECT ACCESS REQUEST to the finance company - send it by recorded delivery and send it with a £10 postal order. I am wondering if you should also at this stage (advice please) a CPR request to the solicitor, also explain to them that you had moved before the original court order came through....If you have been paying since then you should be ok BUT you need to defend this ALSO do NOT rely on them asking for an agreement, as she may not even bother asking, then it is your word against theirs, you need to put this ALSO in writing to them by way of a Consumer Credit Agreement request again, send it with a £1 postal order, do not hand sign anything to them, and send it via recorded delivery.....you should cover every base....it is also likely that there may be some excess charges added to the account, which you can also contest....(this you should be able to work out as they will come back with statements from your S.A.R - (Subject Access Request) request)

[42man]

ok....this is the CPR request (but i'm not sure if this is relevant at this stage - hopefully someone will advise)...this is reproduced courtesy of Curlyben

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 27th October 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Beneficial Bank.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

This is the CCA request - use letter 'N' here...

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

And the SAR can be found here - you will obviously need to edit these...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[42man]

In the SAR you might also write that you request.

 

A Copy of the Consumer Credit Agreement

 

Details of any penalty charges added to the account

 

Details of any assignment of debt by the original creditor to me

[42man]

Well put it this way NE, a debt CANNOT be enforced without a credit agreement (let alone it having to have the correct prescribed terms)....you know the law/your rights...a lot of these companies expect people to curl up in a ball (which invariably a significant amount of people do).....I would claim for as much as possible, costs, the car, defaults on your credit file etc etc and I would ask the judge to dismiss the whole claim from them as they obviously haven't got the documents and are trying to avoid an abuse of process claim and pay your costs which will be about £1,000 no doubt !!!....I presume you are aware of the Wilson Case too ?....you may find this interesting reading as it was a similar situation to yours....

 

House of Lords - Wilson and others v. Secretary of State for Trade and Industry (Appellant)

[42man]

As Silly has said you have received incomplete documentation, and how can you provide a defence without the information, also there is no Consumer Credit Agreement which is a complete defence in itself.....let us know what sort of help you need NE, not sure how much other reading you have done on this site so far !!!

[42man]

It doesn't matter who the agreement was with, without it they can NOT enforce the debt (let alone it having to contain the prescribed terms and be properly executed !!!) Don't you get the feeling Neverending that they don't/can't find the agreement and are now clutching at straws ??? you are under no obligation to fill out the form !!!....send them this back !!!

 

Edit as required (reproduced courtesy of Curlyben)

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. 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 **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the 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 this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have 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.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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 agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the 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 account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the 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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[42man]

You mentioned 'questioning' at court, has a court granted anything against you ?

[42man]

If you need any specific legislation or reassurance about the agreements Neverending you can see the letter I received back from the Parliamentary Under Secretary Of State...!!! have a read

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133653-consumer-credit-agreements-letter.html?highlight=gareth

[42man]

Is it 6 years since you made any kind of payment towards the debt ? then there is a good chance that the debt will be statute barred, but if you had judgment then you might be able to fight the original judgement.....

[42man]

I'm not sure of the implications with regard to statute barred debts and guarantors though...