Northern Rock CCA

[nogoodwithmoney]

Hello,

 

I am new to this forum and apologise if this question has been asked a zillion times before - I'm sure it has but it is difficult to find the answer to a question in the midst of all the threads, but if anyone could point me in the right direction I would be v grateful.

 

I have just started a DMP with CCCS and most creditors are ok apart from NR, who refused it immediately. I have a couple of days ago received court papers from them re a CCJ and I know they will want to pursue this to a Charging Order. I think I am straight with regards to how to defend these procedures but I do have a question about the CCA.

 

I requested this on 15 April and on 22 April, I received a photocopy of a fax of a CCA. I know it's a fax cos you can see the fax transmission info on the bottom. I have the following questions in respect of what I have received:

 

1. As it just a fax, if they do not have one with my original signature on, is this good enough?

 

2. It is not signed or dated by NR - does it need to be?

 

3. It is not the entire agreement - just the first page - it does contain loan amount, APR, number of repayments etc, but also refers to further clauses (as in "you attention is drawn to clause 4a overleaf" but they haven't supplied these pages).

 

4. The agreement was subject to a 7 days cooling off period,(this is printed on the bottom of the agreement) but we never had seven days cooling off. The agreement was signed on 26 March 01 and the loan was made to us on 30 March 01. We did not sign anything to say that we would "waive" the cooling off period.

 

Are any of these points a good enough reason to state that the loan is not enforceable? I am happy to pay it in line with my DMP, but really want to avoid a CCJ and Charging Order if possible.

 

Many thanks for any advice.

[42man]

It would be good if you can scan it and post it up on here so we can see if it is enforceable....also with regard to your court claim, you need to acknowledge receipt of it within 14 days on the claim form, then you have another 14 days to defend.

 

I would send the opposing solicitors this....by RECORDED DELIVERY

 

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.

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. 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.

d.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).

e. 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.

f. 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.

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

h. 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.

i. 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).

[nogoodwithmoney]

Thanks for your response and info. I'm having problems with my scanner but will try and post the CCA as soon as I can. Any ideas on whether the non compliance with the cooling off period is something worth pursuing?

 

Also regarding the 14 days to respond and then 14 days to file defence, sorry to be thick but is that 28 days in all? I thought I had to acknowlege AND file defence within 14 days?

[42man]

It probably won't be enough for a judge to throw it out to be honest....