C.C.A. turned up after 12 months???

[moggieb]

Hi Big Al, here is the link to your original thread (hope it works).

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136720-c-c-turned-up.html

[rory32]

2 threads merged.

[bigal9ball]

Right! found both posts now!

Any advice on what to do next?

regards-BIG AL

[bigal9ball]

HI,

Just recieved a claim form today from NORTHAMPTON COUNTY COURT requesting the full amount owed to LINK FINANCIAL totalling over £1500.

The simple fact is i do not have this amount of money-my ex p[artners name is also on the claim form so should i have to be liable for all of it?

Getting really worried now that they may be able to take the amount against my house which i dont even live in any more i rent the property out(at a loss i might add).

Any help would be much appreciated.

 

regards-BIG AL

[clarkey99]

Please forgive me if Im being stupid.....but why is there the 12+2 law on CCA's? It seems to me this ruling means nothing if a DCA can come up with one a year after request????? Very confused......:confused:

[42man]

ok....first thing that you have to do is respond within 14 days to the date on the claim form, then you have another 14 days to submit a defence....If it was me in your position, then I would send the opposing solicitor (or Link - whoever's name is on the claim form) this by RECORDED / GUARANTEED DELIVERY ASAP..

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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 within fourteen days of the receipt of this letter. 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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

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

g. 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.

h. Copies of statements for the entire duration of the credit agreement.

 

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

 

 

I will require this information within the next fourteen 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.

 

Yours sincerely,

 

XXXX (type, don't sign).

[42man]

Also I note that PT2537 in post #22 above said the APR was incorrect !!

[42man]

Did you ever get into the situation whereby you needed to use the payment protection also ? as these have been big news recently.....

[42man]

If as it has been deduced that the agreement is enforceable, then you could potentially fight this (in my opinion) on the wrong APR, non supply of defaults, letter before action, and potentially excessive charges that have been added to the account + compounded interest.....

[bigal9ball]

thanks 42 man you make it sound so easy but it just all seems so daunting to me! especially with the courts getting involved!

[bigal9ball]

HI 42 man- just found a statement from GE MONEY dating from JULY 2001-MARCH 2007 if this helps any??

[Goldlady]

Just wondering here, if the original amount borrowed was only £1000 how the hell are they claiming £1500 now? I'm sure you said you had made payments for a period of time:confused:. OK there are court costs, but how much of the rest is unlawful charges?

[bigal9ball]

Hi 42 man,

Ive just copied your letter requesting more information in order to submit a defence in court and will be posting it guarenteed delivery first thing monday morning! ive also filed an ACKNOWLEDGEMENT OF SERVICE with the court online to give myself 28 days breathing space to submit a defence-hope i was supposed to do all this? must admit even though ive done it im still a bit lost as to where its leading me?

regards -big al

[bigal9ball]

Letter posted by recorded delivery this morning!

[bigal9ball]

42 man,

When i filed an acknowledgment of service online with the county court i put my new address and phone number on the website-im sure those welsh g**s LINK have just rang me on it - thing is they rang and asked for my girlfriends name whose name the house is in-they never said who was calling but i recognise that welsh g*t anywhere.

[bigal9ball]

hi-getting really worried now as my 28 day stay of execution is slowly getting nearer and i havent a clue what my next step is??

[bigal9ball]

If you spot this 42 man any further help would be much appreciated-please refer to my post- cca turned up after 12 months-last post was 15th july.

regards-BIG AL

[Goldlady]

I need to repeat my earlier question a few posts ago. If the original loan was for £1000 and you made payments, how on earth are they claiming £1500 now? Did you/she borrow more money or is this all charges?

[bigal9ball]

NO we didnt borrow any more! the original loan was in 2000 and we split up in early 2002 so the extra is just charges! I have found a statement from GE MONEY dating from JULY 2001-MARCH 2007 if this is helpful?

[Goldlady]

OK, so IMHO you don't need to worry about the fact that they have a CCA. I presume they haven't replied to your CPR letter asking for information. Without seeing your statements it sounds to me as if the entire o/s balance is made up of charges and interest on them - unless of course you never ever paid anything. Can you work that out from the statements? If that is the case then you need to make a counterclaim.

 

In any event if they don't supply the information by the time you need to submit defence/counterclaim to the court then you just tell the court you cannot submit a defence as the claimant hasn't complied with your request.

 

I have three threads re GE cards - if you click on my username you will see what happened with them.

[bigal9ball]

Hi goldlady,

Thanks for your help- we paid the loan every month and when we split up i carried on the loan monthly myself-the only time i havent paid is when i read on this website about applying for a copy of CCA-because it took them 12 months to produce it i didnt pay anything during this period?

No they havent produced the information i have just asked for regarding going to court(yet), but they have phoned my mobile twice this week but i havent spoken to them ( was advised only to communicate in writing?)

 

regards-BIG AL

[Goldlady]

Can you work out what's what from the statements? If you can email or fax them to me I will have a look for you - let me know.

[bigal9ball]

Hi Goldlady-sorry but i dont have a fax machine and my printer has decided it doesnt want to scan anything this morning! will try again later-thanks

[bigal9ball]

HI,

The 14 days are up for LINK FINANCIAL to forward me any information that i requested to assist me with my defence in court!

Whats my next move please? Do i phone the court and put in a counterclaim or can i do it by post or online even?

regards-BIG AL

[Goldlady]

when is the deadline for you to submit your defence?

 

If you have managed to work out how much the charges are from the information you have there, then I would suggest you:

 

1) submit a full defence, if the charges wipe out the o/s balance (it is cheaper than a counterclaim).

 

2) If the charges (plus interest on them) are less than the o/s balance then you need to counterclaim.

 

3) If you have no idea and cannot work it out without getting more information from them then you need to tell the court they have not complied and that you cannot prepare a full defence until they do. I did this by faxing the court BTW.