Please cheer me up as I am sad and lonely

[lilly white]

well done and please keep us updated i have read your other posts with

 

interest.

 

i do hope you will be adding interests as you go

 

 

lilly

[andrew0101]

Had a reply from 1st Credit telling me basically that the application form with no prescribed terms is enforceable and quoted a few misplaced sections of CCA and advised me they dont harass only have letters that guide people! followed up with the treat of ''if you dont pay we may take action'' etc etc. They have said my claim against them is not valid and they wont pay it.

I have written back to them asking them to issue court proceedings immediately so a judge can explain the CCA to them and have added a further amount to my invoice to cover for theirs and my additional letters. Included revised invoice and told them to pay up by due date!

[andrew0101]

Okay you think you are winning against your friendly DCA when they hit you with the.......we are not seeking to terminate your agreement, only pursue you for the arrears.........what are the arguments to turn the tables on them before loads of people on here get ccj's, which will happen if we let them get away with this

[Bill Shidding]

Hi, I think you'll get about as far as I did for an answer to this one!

The way the new CCA 2006 (as amended) was written, I don't think I'm going to bother defending anymore. It really is quite a depressing read.

 

The answer to your question is - the agreement.

If they don't have one, your probably OK.

If they do have an enforeceable one, wave goodbye to your defence with the dodgy DNs or TNs. The court will probably dismiss them, regardless of the claimants conduct.

 

IMHO

I think they may be under "executive orders" to ensure maximum returns for our poor financiers, who are feeling the pinch at the mo. Coupled with the fact that our country is now well over our credit limit, = no more bailouts.

 

(Now, where did I leave that nice "Welcome to Australia" brochure?)

 

Bill

[andrew0101]

I think you are right Bill.............come on guys someone must have a counter argument

[nicklea]

Okay you think you are winning against your friendly DCA when they hit you with the.......we are not seeking to terminate your agreement, only pursue you for the arrears.........what are the arguments to turn the tables on them before loads of people on here get ccj's, which will happen if we let them get away with this

 

 

To be honest, I don't believe there is one. The CCA simply makes reference to a creditor needing to issue a DN etc before seeking earlier repayment of any sum or to terminate the agreement following a breach.

 

It says nothing about recovering payments that are already due.

 

ie if they are just coming after the payments that you should have made already (eg the monthly payments that you've missed for a loan or the minimum payments against a credit card balance) then the CCA has nothing to say on this matter.

 

However, if the OC has already sent a letter terminating the contract then have a read of surfaceagentx20's excellent post on the effects following terminating a contract:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1843811

 

regards

 

nicklea

[Bill Shidding]

Hi,

 

Woodchester v Swain also has a statement;

"A default notice is not required where the creditor simply demands payment of arrears without seeking one of the specified remedies, and the creditor will be entitled to such an order even if the agreement is not terminated"

Woodchester Lease Management Services vs Swain & Co. [1999] 1 WLR 263, CA

 

Bill