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    • Thanks dx.    Would I not SAR Asset Link Capital as it was assigned to them in 2016 (according to the POC)?   To provide some context, I'm familiar with attending hearings etc and have fought and won a couple of battles.  I don't mind risking a couple of K in extra costs to give it a shot but I need to feel that there is at least a chance of success.   The card was originally an Egg card taken back in 2000 and then sold to BC who then sold to Asset Link Captial (no5) Limited.   When I did a CCA request to BC back in 2015, they provided reconstituted T&C's that post dated when I took the card out with Egg and a Credit Agreement for BC (which was clearly made up as the account was with EGG!).   Appreciate you are being careful to provide advice and not push someone to do something that could end up costing more money, I'm up for the fight though!
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    • you wont get eric and that doesn't solve your problem as thats mainly to do with private parking set asides really as most judges now view PPC Backdoor CCJ with dissent and grant it regardless.    i absolutely hate link and paul burrell he built up a £1B+ empire of wealth solely by conning debtors into paying debts they mostly didn't even owe, but in this instance you are on very shaky ground.   me pers i'd not even debated it and i'd just gone for it win or bust. once you get the set aside it should be plain sailing.   but you came for advice and i can't not be truthful here.   the only otherway to better gauge you chances is to SAR Barclaycard , get everything they hold. that will show you the cards that Link will have to play with , they might well be pants.      
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Documents in Court - Civil Evidence Act 1995


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Hello all,

 

I have been trying to feed information on the Civil Evidence Act to as many forums as possible as it is I feel important when it comes to CCAs and other documents being produced in Court. I have decided to start a new thread where this may help and to stop it dissappearing into the middle of other threads. The information is on CAG in various places but best to have it available to all.

 

Hello all,

 

This may be useful if have to proceed to court and a COPY of the CCA is going to be produced. Here are two links to the Act

 

Results within legislation - Statute Law Database

 

Civil Evidence Act 1995 (c. 38)

 

There is also information in Draft Order for Directions

 

Draft order for directions - including directions for disclosure

 

The general gist is as follows para e onwards is the legal requirement:

 

For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent:

 

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account

 

For a loan or hire purchase agreement

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are);

(ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

For a credit card

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the state of the account,

(ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and

(iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company).

 

General

 

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

 

d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account

 

e) 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:

 

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

(ii) 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)

(iii) 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

(iv) 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.

It could be useful if you are proceeding to Court and the defence is going to produce copies rather than originals.

aa

 

 

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Good stuff and it needed saying (though not three times ;)).

 

I would only add this, that from a tactician's perspective, paving the way by means of a Judge's directions order or generally flagging up the way things should be done properly for your opponent to introduce evidence in the correct fashion would not be a wise move. The wiser move would be to address the court at the conclusion of the creditor's evidence by referring to everything that was absent from it, the better to weaken its impact or indeed lead to its inadmissability.

 

By this I am thinking for example of the absence of [1] credibility or direct first hand knowledge of the facts the document or witness is called upon to prove, [2] corroborative documents and witnesses having first hand knowledge touching on document reconstructions [3] relevant Civil Evidence Act Notices and so on to name but a few.

 

You getting my drift?

 

x20

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hello x20,

 

Good stuff and it needed saying (though not three times :wink:).

 

Your are right about three times I thought I was hitting 3 different forums.

 

I would only add this, that from a tactician's perspective, paving the way by means of a Judge's directions order or generally flagging up the way things should be done properly for your opponent to introduce evidence in the correct fashion would not be a wise move. The wiser move would be to address the court at the conclusion of the creditor's evidence by referring to everything that was absent from it, the better to weaken its impact or indeed lead to its inadmissability.

 

By this I am thinking for example of the absence of [1] credibility or direct first hand knowledge of the facts the document or witness is called upon to prove, [2] corroborative documents and witnesses having first hand knowledge touching on document reconstructions [3] relevant Civil Evidence Act Notices and so on to name but a few.

 

You getting my drift?

 

x20

 

Totally agree with the tactical point of view. Forwarned is Forarmed as they say. Much better to prepare a closing summary and throw a great big spanner in the works.:eek:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Question(s)

 

What about the use of cross examination for documents submitted under Witness Statement? Is this a viable option if you very sure of your own standing and the legal situation of say ownership, agreement or validity of a default notice?

 

Say for example you know a document is missing or is incorrect on more than one or two ground could the defendant cross examine the person who made a witness statement to the court to certify those documents? Rather than have the claimant amend or change documents before presentation at trial (I am assuming fast track here)?

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Absolutely and very very important.

 

Take a situation where the Claimant produces a witness to deal with questions concerning say the default notice and who simply produces a screen print supposing it has to do with the default notice they say was delivered to the debtor but can't produce. I've seen screen prints which are essentially a database recording precious little information which is readliy understood by 'an outsider'. The screenshot might record 'date sent' followed by a date and that's about it.

 

Your purpose in cross-examination would be to demonstrate the witness and the screenshot are inadequate for proving the essentials required for showing what the paper DN looked like, said on it, when service occured and the manner of it. A milion questions could be put to dettach the witness from the database record and the DN the database is supposed to be able to re-construct.

 

I've seen witness statements made by solicitors professing to be able to verify the re-construction of a DN who make no mention of the source of their information or the steps taken by them to verify the truth of that information. Such a witness is hopeless.

 

I've even had one witness deal with a DN who it was eventually established, was still at school when the DN was supposedly delivered! The time had arrived to say 'No more questions' and sit down! Need I say more?

 

x20

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Hello Grumlin,

 

Question(s)

 

What about the use of cross examination for documents submitted under Witness Statement? Is this a viable option if you very sure of your own standing and the legal situation of say ownership, agreement or validity of a default notice? This is all about the validity of documents produced in Court ie any copied document must have a fully valid authentication as follows:8)

e) 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:

 

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

(ii) 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)

(iii) 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

(iv) 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 ...

 

Say for example you know a document is missing or is incorrect on more than one or two ground could the defendant cross examine the person who made a witness statement to the court to certify those documents? Rather than have the claimant amend or change documents before presentation at trial (I am assuming fast track here)?

You will have to consult the legal folks for an answer to this

 

Excellent question:)

 

However you will have to seek more legal expertise than I have as I only stumbled upon the Civil Evidence Act 1995 by doing a google search on ADMISSIBILITY OF LEGAL DOCUMENTS IN COURT and bingo what a nice result

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Beaten to it by a legal mind

 

lol:D

 

aa

 

I try to help where I can without any admissability of liability in any post in any thread . Is that ok to prevent a Legal action??

 

aa

Edited by alanalana
sentence added

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Sorry all I have to bump to keep this in the eyes of CAGers. I believe this ins important on CCAs and other documentation produced.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Perhaps this is another thread that could be stikkied :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks brw,

 

helpful as ever my friend.;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

Sorry to all on the forum but I do believe this needs to be in the limelight in case of impending Court actions with documentatin being produced.

 

So I bump and request to be stickied if that is at all possible CAGers I believe need to be aware of this information:D

 

thank you

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

alanalana, I clicked on the triangle and asked for this to be stikkied for you. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Made into a sticky....good work !!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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  • 1 month later...

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

 

Between

 

XXXXXXXX - Claimant

 

 

and

 

 

 

XXXXX - Defendant

 

 

Draft Order for Directions

 

For straightforward bank charges claims where you are the claimant:

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made

b) Copies of any statement or other document relied upon as showing that each and every charge has been made

c) A statement of evidence of all matters relied upon as tending to show that the charges are unfair

d) Copies of decided cases and other legal materials to be relied upon

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

For a counterclaim (eg when you are being taken to court for a debt but are claiming charges as part of your ‘defence’) omit part 1 above and change the heading of this part to:

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

If the bank has failed to supply a list of charges or statements, insert

 

a) A list of all charges applied to the Claimant’s account with dates, type and amount of each charge

 

and renumber the remainder accordingly. Otherwise:

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

 

for credit cards insert b) whether such charge is accepted to be a penalty, and if not why not;

b) Whether such charge is accepted to be unfair, and if not why not

c) If such charge is alleged to be fair, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable

d) Any witness statements

e) Copies of decided cases and other legal materials to be relied upon

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent:

 

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account

 

For a loan or hire purchase agreement

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are);

(ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

For a credit card

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the state of the account,

(ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and

(iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company).

 

General

 

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

 

d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account

 

e) 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:

 

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

(ii) 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)

(iii) 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

(iv) 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

 

Alanalana

This is a very useful piece of info. I had a look at S 8(1) of the Act and noted that the phrase "authenticated in such manner as the court may approve" is at the end of the paragraph.

What is to stop an old duffer of a DJ accepting any statement from a solicitor representing a creditor as 'authenticating in such manner ...' the document? Did the wording in your post above come from some regulations or case that you can quote?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Docman,

 

Alanalana

 

This is a very useful piece of info. I had a look at S 8(1) of the Act and noted that the phrase "authenticated in such manner as the court may approve" is at the end of the paragraph.

 

What is to stop an old duffer of a DJ accepting any statement from a solicitor representing a creditor as 'authenticating in such manner ...' the document? Did the wording in your post above come from some regulations or case that you can quote?

 

I have no regulations or case that I can quote.

I started searching when I saw the problems people were having with Copies of CCAs that were obviously not the original but cobbled together to try and satisfy requests being made under the CCA 1974 sections 77/78.

I did a google on legal admissibility of documents in Court and found the Beautiful Civil Evidence Act 1975 which will mean Documents produced in Court that are not orignals but copies must be backed up with a full accredited audit trail showing how the copies were copied, by whom, when and records will be required as they are being presented as adduced hearsay and the Court must be notified of this fact.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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oh alanalana

 

you have just allowed me to not get so fearful no longer of any court action

 

im so grateful there are people like you who so passionate in helping others like so many others that have helped me so far

 

i have previously subbed so i can learn even more as time passes by

 

have a fun day many thanks again Ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 1 month later...
  • 2 months later...

Just found this - excellent work :) Can anyone advise if - and how - you can apply for a Disclosure order on a case that has already been dealt with by a default judgement that you're trying to get set aside?

 

I refer of course to a case where the Claimant feels "not obliged" :rolleyes: to comply with a belated CCA request.

In knowledge lies wisdom

 

Mo - not even a bar-stool lawyer, but I'll help where I can...

 

 

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Just found this - excellent work :-) Can anyone advise if - and how - you can apply for a Disclosure order on a case that has already been dealt with by a default judgement that you're trying to get set aside?

 

I refer of course to a case where the Claimant feels "not obliged" :rolleyes: to comply with a belated CCA request.

 

You may get faster response if you post in this forum starting your own thread:)

 

Legal Issues

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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