smt37 vs Morgan Stanley/Goldfish/Barclaycard ** ORDER TO PRODUCE CCA CPR31.16 WIN ***

[patrickq1]

Preliminary injunction - Wikipedia, the free encyclopedia

[42man]

This MIGHT give some pointers to injunctive relief - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[Rhia]

Subbing - excellent thread.

[smt37]

Bump - any ideas how I go about getting the injunction? I'm keen to finish this off once and for all.

[smt37]

The whole basis of the system not recording a ccj for 30 days after it is awarded is to allow people to dispute debts -so IF you have the funds to pay within 30 days of a ccj being awarded if you lose the case then it is not recorded

 

In this case, if I decided to stop paying those creditors that have no CCA, then I should be prepared to settle in full within 30 days if a judge ruled against me for whatever reason.

 

I had better get the cash together then. Roll on next March. This is when I'll be in a position to do this after 3 years of a DMP!!!

[cloggy]

Hi smt37

 

Well done on your earlier success in court.

Sorry to be the last to congratulate you but I had lost the link to your thread but am back on it now.

 

Great work and thanks to Pt for all his advice to you........and thereby us all.

Seems Pt was right, the CPR way is the right path.

It gives us all the power to fight the beggers and keep on at them.

 

I am at the same point as you with Bcd and an old MSDW/MS/Goldfish/Bcd.

 

Have now been hassled by Mercers/Calders and now Power2contact/CSL.

The account is in dispute and it seems they just dont read the letters advising them of OFT guidleines................or maybe the staff training does not extend to basic reading and comprehension!

 

Anyway, I am not trying to hijack your thread - just saying thanks for keeping us all so well informed of your progress.

Good luck!

 

Will watch with interest what develops and will advise of any progress or interesting developments (as opposed to the usual crap they dish out as smoke screens) on my thread cloggy v barclaycard.

 

Cloggy.

[slick132]

Hi Smt,

 

Did you not find what you need in the link in post #252 above.

[smt37]

Hi Slick,

 

Yes. It was very useful, but I've no idea how to fill in the N1 or how much it costs when there is no claim for cash...

 

Where can I find this out?

[pt2537]

Hi Dude

 

right sorry for the delay

 

the agreement they produced, is it compliant with the act? do you have a link to it at all? if it is non compliant, then you could start part 7 proceedings against Barclaycard

 

it would be helpful to know what it was they disclosed, an injunction may well be unnecesary if the agreement is defective as you could seek declaratory relief by order under s142 CCA

[smt37]

Hi PT! Welcome back.

 

See post 240 above. It explains where I am now. Basically, they have not got the agreement for the debt in dispute, but can only find an old one, which was settled in 2003/4.

[diddydicky]

boy if that was me id keep quiet and wait until court to tell them the bad news

[FlyboyAgain]

boy if that was me id keep quiet and wait until court to tell them the bad news

 

So would I! I would wait and savour every second.

[tifo]

well done ... just got note of this thread ...

[cloggy]

HI Pt,

 

Have tried to PM you but your mailbox is full.

 

Cloggy.

[pt2537]

hang on i will remove some of the clutter

[MRS_P]

Subbing, also wanted to ask when going for unenforceability and requesting CCA's, CPR's and when issuing proceedings does it matter that minimum payments are being made towards the debt?

 

Thanks

[diddydicky]

depends what proceedings you are issuing

 

you need to start a thread

[Capricorn1601]

subbing

[freethemice]

Subbing, also wanted to ask when going for unenforceability and requesting CCA's, CPR's and when issuing proceedings does it matter that minimum payments are being made towards the debt?

 

Thanks

Everyones situation is diferent and it depends on what your end game. Once you have failure to comply with a correctly submitted subject access request you have every right to withhold payment - just don't be suprised when the debt collectors get involved and the telephone calls and letter start.

This isn't an easy process and there is no garauntee of success but for some of us we have no choice as our finances are that bad bankrupcy would be the only other option.

Would suggest not to withhold payment until the creditor has had every chance to supply a correct consumer credit agreement. Then you can hold your head up in court and say 'this was the only way I could get to see the agreement I'm alleged to have signed'.

 

Oh and congrats smt - hope you find out how to do your injunction and let us know.

Edited August 7, 2009 by freethemice

[diddydicky]

not sure you have a right to withhold payments failing a satisfactory SAR!

[freethemice]

I'm talking about a moral right here not a legal one as it does seem to me to be the only way to force the issue when the creditor is been illusive and sending you s78 letters and reconstituted agreements.

I would worry that continuing payment could be construed as an admission of debt though.

Would be intrested on views as to how this would be viewed in a court room though.

[diddydicky]

I'm talking about a moral right here not a legal one as it does seem to me to be the only way to force the issue when the creditor is been illusive and sending you s78 letters and reconstituted agreements.

I would worry that continuing payment could be construed as an admission of debt though.

Would be intrested on views as to how this would be viewed in a court room though.

 

sorry the point i was making is that SAR is not the correct way to get a copy of the agreement

 

under SAR the other party is obliged only to send you the INFORMATIOn is holds about you and not the actual documents that you may have signed

 

s78 is the correct method to request the agreement whereupon the creditor may not enforce the agreement if he fails to do so within the prescribed timescale

[Stephan56]

I have a separate threat also about the effect of payments being made to a DCA, even though no CCA. Have had no feedback on it and think it is an issue for many of us.

 

Keen to get chapter and verse on this issue

[AA99]

sorry the point i was making is that Subject Access Request is not the correct way to get a copy of the agreement

 

No, but withholding payment may be the way. I only stopped paying some of my OC's as a way to get their attention:confused:

[FlyboyAgain]

No, but withholding payment may be the way. I only stopped paying some of my OC's as a way to get their attention:confused:

 

Agreed. When I CCAd the DCA, nothing came back within the supposedly allocated time. Soon after that I withheld payment and stuff just started flying through the door and out of six accounts, HBoS supplied two that had signatures and were correctly executed and the other four were just dog-fodder.

 

Incidentally, can anyone clarify where this '12+2 days to supply' comes from. because I can't see it in th relevant sections of the Act.