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DCA using MCOL on me urgent HELP pls?


bongobaz
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I had a credit card with egg and the debt was sold to Credit Solutions.

I asked for my statements and did a CCA request.

I got me statements but the CCA request came as a blured photocopy with no deed of asignment

I also notice Credit Solutions had added £500 charges to the debt.

I disputed this with them and sent the LBA then i also sent a letter in feb 07 stating the debt was in dispute and they had failed to send me a correct CCA or deed of asignment.

I sent the below letter in june 07 and have heard nothing since

 

"

I am writing with reference to your letter dated 25th May 2007.

I would refer you to my previous letters dated 23rd February 2007, 16th January 2007 and 2nd January 2007. I have enclosed copies.

Please be aware that I am disputing the charges applied to the above account as unfair under the Unfair Contract Terms and Regulations and the common law.

Any claim issued by yourselves will result in a counter claim for these charges.

I am also still awaiting the correct documentation from my original Consumer Credit Act 1974 request from 14th July 2006, which you defaulted on. Copies enclosed.

Therefore I require answers to my previous correspondences within the next 14 days or I will start a claim against you for the full amount plus interest, plus my costs, without further notice."

I have now come back from holiday and have a MCOL form Credit solutions and my defence has to be in for Tues next week!!

 

Can some one please help me in how to word my defence?

Can the do this is there is charges on the account and they have not porvided a correct CCA?

 

Pls help some one???

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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Hi bongobaz,

 

First of all you tell us the exact issue date on the claim form this is important for us to give you some help.

Secondly it may help if you were to post the "particulars of claim" leaving out any personal info of course.

Finally dont panic we are here to help if we can.

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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the issue date is 22 may 2008 i have until tues to fill in the form

 

poc are :-

 

1. the defendant entered a credit card personal load aggrement regulated by the consumer credit act 1974 with egg banking plc. the defendant failed to make payments. egg assigned the debt to credit solutions ltd.

2. the defendant acknowledged the debt by making payments to credit solutions. the defendant stopped paying. the remainder of the debt is outstanding.

3. credit solutions assigned the debt to the claimant and sent notice of assignment to the defendant. the claimant sent a letter before action on 19/6/07.

4. the defendant has not made any payment. the balance remains outstanding.

 

and the claimant claims the sum of £2690.20 and the interest under section 69 of the county courts act 1984 at the rate of 8% a year from 27.2.01 to 30.04.08 of £1545.21 and also interest at the same rate up to the date of judgement or eariler at a daily rate of £0.59

 

total ammount claimed £4235.41!!!

 

HELPP!!!!

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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You should have had 2 dates, 1 to acknowledge the claim (which you should hace done saying that you contest the full amount) and 1 to file a defence.

 

Did you do the acknowledgement on time?

 

If you don't get any help from someone who knows, you should do a search and find holding defences from people with elements of similar cases as yours and merge them

together. Failing that I would try a simple statement along the lines of

I do not acknowledge any debt to this company

The amount claimed contains unlawful charges

I have not been provided with a true copy of the original credit acreement

I require the actual Credit Agreement to be produced

I have not received any notice of assignment

I have not received any default notices

This Credit Agreement is regulated by the Consumer Credit Act 1974, therefore any one of these would mean that this claim should fail

There are insufficient details on the claim form to form a proper defence, I require additional details from the claimant

I request permission to amend my defence when I receive these details from the claimant

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You also need to write to their solicitors (do a search for the jargon to use) CPR or something asking for all the details you need

 

Post what you are going to send as your holding defence & CPR... here before you send it. You can do a draft & change it. Try for tomorrow. You are short of time.

 

If it has to be in on Tuesday, I would update MCOL Monday mid morning so if MCOL goes down you can send special delivery & not be stuffed

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MCOL is down at the moment, You need to acknowledge service now.

 

MCOL link

 

Download the form and email to the court. That will give you another 14 days to sort out your defence.

 

Acknowledgement of Service form

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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this one for their solicitors (thanks to CB :wink: )

 

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,

 

wishing you all the best

honey x

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Not sure whether email counts for Advice of service.

 

Maybe someone can confirm?

 

Yes, the website is down. The instruction given is to email the form.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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Save it to your PC, then attach it in an email.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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