Admin / Court Charges

[angelspirit]

Help please!

 

Hlcf were going for a final charging order earlier this year for £2300, which I paid off to stop it happening even though they don't have a copy of a credit agreement.

There representatives Blake Lapthorn put a suspension in for six months to allow me to pay the £1300 costs (mostly their fees, £20 a phone call).

It is due back in court in July and I don't have the money. What is the best course of action?

Hlcf won't talk to me and it is £20 a time to contact them.

[42man]

Is it possible not to use the CCA argument to defend ??...Are there any excessive charges that have been added to the account ??

[angelspirit]

We havn't been given a breakdown in charges, what does CCA mean?

 

Regards.

[42man]

Without a copy of your Consumer Credit Agreement then the debt is unenforceable !!!

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement; and

(b)

if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[42man]

What about excessive charges too ??

[angelspirit]

Right, more information.

 

About a year ago they furnished me with a letter saying that they have lost the Creit Agreement due to the passing of time.

 

But when they went for a final charging order in January this year, I gave in and payed the said debt of £2300 the week before the court date.

 

They then asked the court to defer the hearing, to allow time for the £1300 costs to be payed.

 

The six months are up in July and now a letter from the court and the represntatives for Hlcf have put a date for a hearing before a proper official in July.

 

Is there a clear regulation I can quote as I don't mind appearing at the hearing as I if they grant a final charging order for such a small amount I will be surprised. On this occasion I would appear at court ( 1st time throughout this), Also I would hope I'm given a month or so to pay it.

 

Regards

Edited June 13, 2008 by angelspirit

[42man]

Do you have the letter stating they do not have the agreement.....?? If you have made an official request then they shouldn't be able to enforce...

 

The relevant piece of the act is this....

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement; and

(b)

if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[angelspirit]

I do have the letter saying due to the passing of time we don't have a credit agreement!

 

When speaking to Blakes I explained about the letter I had a copy of, but she said she wasn't aware of any such letter(funny how their tone changes as well). I quoted what it said and she said since it had been to court to raise an order for sale " I should have mentioned it at the time"

 

I think due to the legal requirement, I see the next stage as the following:

 

Contact blakes and remind them I have paid the £2300 debt even though I don't recognise it.

But enlight of the facts 42man quotes I will not be paying any of the costs and if they continue to persue the cost I will defend it, in court in July (can I do this still at this stage?).

 

Any advice appreciated.

[angelspirit]

Another thought!

 

From the date of the letter admitting a Credit Agreement dosn't exist (January 2007), according to section 6b they are commiting an offence by claiming it as a default.

 

Any thoughts appreciated.