Help Please Re: CCJ From Northampton CCBC - ***DISCONTINUED***

[Misterzeus]

Thanks tinkerbell , I have had a look through, one envelope is full of copies of statements (from online) so it's not as bad as I thought (breathes sigh of relief!).

 

There is no CCA signed or otherwise at all. There are loose pages of Terms and Conditions (kept together with a paper clip). It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

So, I am presuming that they have not complied the CCA part of the CPR request really?

[citizenB]

Thanks tinkerbell , I have had a look through, one envelope is full of copies of statements (from online) so it's not as bad as I thought (breathes sigh of relief!).

 

There is no CCA signed or otherwise at all. There are loose pages of Terms and Conditions (kept together with a paper clip). It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

So, I am presuming that they have not complied the CCA part of the CPR request really?

 

I would think that unless that section is attached to something with your signature it wont matter very much.

 

What a nuisance they have decided to come up with this lot though.

[Misterzeus]

Thanks citizenB

 

Re my saying:

 

It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

Sorry, I didn't explain myself very well did I!! That "section" was a paragraph within the Terms and Conditions. Reading back over my earlier post, I get the impression that I have made it seem like that was a seperate entity! Doh!

[citizenB]

Thanks citizenB

 

Re my saying:

 

It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

Sorry, I didn't explain myself very well did I!! That "section" was a paragraph within the Terms and Conditions. Reading back over my earlier post, I get the impression that I have made it seem like that was a seperate entity! Doh!

 

Not a problem, but as you say, if there is no signed agreement then that section is pretty irrelevant I would have thought ?.

[Misterzeus]

I can't believe this, I missed it, must have had my eyes shut!!!!

 

This is a copy of the CCA they sent, apologies for the quality but that's how it arrived! There was nothing on the reverse. It looks like it was copied on to an A4 sheet of paper.

 

http://i305.photobucket.com/albums/nn216/Misterzeus/CCASCAN.jpg

 

Any thoughts please

 

Thanks in advance

 

Mr & Mrs Z

Edited August 8, 2008 by Misterzeus

[AndyOrch]

Hi Mr & Mrs Z

 

A nice genuine unenforcable application form;)

 

 

Regards

 

Andy:)

[tinkerbell20]

Yup unenforceable:p

[Misterzeus]

Thanks so much andyorch!

 

We had a feeling it may be an application form even though it states at the top " Credit Agreement Regulated By The Consumer Credit Act 1974" because it had about a balance transfer on there.

 

Any advice on what the next step is?

 

Do we write to Co-op or Incasso to say it is not a CCA? Or do we put that in as part of the Full defence??

 

It's been two weeks since the "Embarrassed Defence" was submitted (25th July). Northampton County Court replied acknowledging Mr Z's Defence, stating that the Claimant may contact you direct to resolve any dispute and if it cannot be resolved informally, the Claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen etc.

 

Does that mean the court will give Mr Z a date in which his full Defence has to be submitted by? Sorry if I appear dense, but just want to be sure! Getting a tad panicky again, even though I vowed to myself I wouldn't!!

 

Any help very much appreciated

 

Thanks tinkerbell

[AndyOrch]

Hi

 

Do nothing now not until you recieve an AQ which I doubt very much,the claim will remain stayed until such time the claimant wishes to revive the claim.The longer they leave it the better for yourselves.The claimant will have to pay and give very valid reason to revive said claim.

So in answer do nothing excersise patience and then apply for a strike out.

 

 

Regards

 

Andy;)

[Misterzeus]

Andy, thank you so much once again, you're a star

 

Ok, we will do as you say, apologies for being a flapper!

[citizenB]

Andy, thank you so much once again, you're a star

 

Ok, we will do as you say, apologies for being a flapper!

 

This is understanable, it must have been a bit worrying for them to have produced a document at the 11th hour and not know how it would affect your case.

 

Brilliant news that it wont . I cant believe they thought they would get away with it.

[Misterzeus]

Thanks citizenB

 

Yes, I am feeling a little anxious today (must be that time of life!!). Although I do feel a total idiot for not noticing their "alleged" CCA sooner!!!!

 

Still, I suppose the fact that it's not the real deal helps a great deal

[citizenB]

Just think what idiots the other side are going to look like if they decide to continue with that bit of worthless paper.. it will make you feel a lot better.

[Misterzeus]

It certainly would

[Misterzeus]

Good morning all, Mrs Zeus here

 

Just a quick question if I may:

 

The 28 days given to the Claimant to respond to Mr Z's "embarrassed" defence - is that "working" days or just consecutive days?

 

Any help appreciated

[AndyOrch]

Hi Mrs Z

 

Consecutive.

 

Regards

 

Andy:)

[Misterzeus]

Thanks for your quick response Andy – a star as always

 

I’ve just reread the letter from the Court regarding confirmation of the Embarrassed Defence and it states the Claimant has 28 days from receipt of a copy of the defence. The copy sent (recorded) by Mr Z was received by Incasso on the 22nd July, so even allowing from the 23rd, I make it that their 28 days were up on 19th August.

 

Dare I say it’s looking good for Mr Z?

 

Here's hoping

 

Thanks again Andy

[citizenB]

Woohoo.. have they failed to respond ?. I wonder if it would be a good idea to telephone the court to see if anything has been received by them?... just to cover yourselves

[Misterzeus]

Hi citizenB

 

hope you're well.

 

Mr Z has not heard a dicky bird from either Co-op or Incasso (apart from the unenforcable CCA and other stuff with it as per part 18 request).

 

Surely if they had filed something with the court, they (the court) would have sent an AQ as Andy said a few posts back?

 

The earliest Mr Z could phone the court is possibly next Tuesday, they obviously wouldn't speak with me about it due to the Data Protection Act. TBH, I wouldn't particularly want to ring myself, I would get all tongue twisted

 

Have a good bank holiday weekend

Edited August 22, 2008 by Misterzeus

[citizenB]

Hi citizenB

 

hope you're well.

 

Yes, thank you. How about yourselves ?

 

Mr Z has not heard a dicky bird from either Co-op or Incasso (apart from the unenforcable CCA and other stuff with it as per part 18 request).

 

This is really, really good news

 

Surely if they had filed something with the court, they (the court) would have sent an AQ as Andy said a few posts back?

 

This is true. However I am a fully paid up member of the pessimist club

 

The earliest Mr Z could phone the court is possibly next Tuesday, they obviously wouldn't speak with me about it due to the Data Protection Act. TBH, I wouldn't particularly want to ring myself, I would get all tongue twisted

 

Me too

 

Have a good bank holiday weekend

 

You too.

[Misterzeus]

Hi citizenB,

 

We are fine thank you (not strictly true with me, I have a raging headache that has flatly refused to acknowledge the ibuprofen I have taken )

 

Re the "pessimist club" - I laughed so much that it's really lucky that I don't have (or should I say Mr Z has banned ) any coffee in the "office" or I would have splattered it all over the keyboard!!!!!

 

Perhaps it may be best that Mr Z phones them on his next day off to check then. It's funny you know, you're a member of the pessimist club, I think I may be eligible too, I should certainly be a candidate worthy of the panickers club!!

 

 

[citizenB]

Hi citizenB,

 

We are fine thank you (not strictly true with me, I have a raging headache that has flatly refused to acknowledge the ibuprofen I have taken )

 

Re the "pessimist club" - I laughed so much that it's really lucky that I don't have (or should I say Mr Z has banned ) any coffee in the "office" or I would have splattered it all over the keyboard!!!!!

 

Perhaps it may be best that Mr Z phones them on his next day off to check then. It's funny you know, you're a member of the pessimist club, I think I may be eligible too, I should certainly be a candidate worthy of the panickers club!!

 

 

 

Sorry to hear about the headache, I hope the ibupofren kicks in soon:D

 

Hmm, yes it is probably a good thing that Mr Z has banned the caffiene from the office.

 

Andy is of course correct, the court would have notified you if Incasso/coop had responded, so I guess I wouldnt worry too much.

[Misterzeus]

Hi again citizenB,

 

thought I'd log on quick before putting dinner on.

 

My headache has subsided now thank goodness

 

Yes I agree, the court would have notified Mr Z if they had anything, so will not worry too much

 

It's pouring down here - quite depressing really, but then, it's the bank holiday weekend - so par for the course really!!

[citizenB]

That is good news. Yep, it is raining here as well, Bank Holiday Weekend wouldnt be BH weekend with out rain now would it

[Misterzeus]

Hi

 

Do nothing now not until you recieve an AQ which I doubt very much,the claim will remain stayed until such time the claimant wishes to revive the claim.The longer they leave it the better for yourselves.The claimant will have to pay and give very valid reason to revive said claim.

So in answer do nothing excersise patience and then apply for a strike out.

 

 

Regards

 

Andy;)

 

For Andy, if you are around

 

When you say exercise patience, how long for?? Sorry, but was thinking if Mr Z needs to phone Northampton Court to enquire as to whether any more info from Co-op/Incasso has been forthcoming - he's off today only this week, so should he ring them or not?

 

What is your advice on this please?

 

Thanks, Mrs Z