Nasty Creation Finance **WON** Discontinued

[Curlyben]

You CAN assume 2 working days for the CCA to reach the DCA.

Bear in mind that this is how courts operate when serving papers and they are all sent simple first class.

 

As for Drydens, throw this at them.

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[Curlyben]

They'll soon write and say if they haven't

[Curlyben]

Hmmm

Rather than a S.A.R a request for info under CPR 18 would of been a better idea.

If they fail to comply with this then that fact can be reported to the court.

As already mentioned you want to acknowledge service and say you are defending in full.

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

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. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, 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 **CREDITOR**.

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,

 

 

Send this guaranteed next day, the extra £4 will be worth it.

[Curlyben]

Well pint 3 kind of screws them over.

If they are not going to rely on any documents then how are they going to prove the agreement even exists ?!?!

 

Until they supply the agreement this case is a complete farce and this fact must be drawn to the courts attention.

After all how can you raise a full defence if you don't have all the required information ?

[Curlyben]

Hae a good read through this: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html as this was entirely based on lack of correct documents.

At the moment THIS is your avenue of attack.

 

After all how can they claim its for an agreement that they aren't going to produce in court ?!

[Curlyben]

You have NO response to them.

Time to get the court to do your work for you

Yes defend ALL, always !!