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Hi I hope someone can confirm this once and for all. I requested a copy of my cca from creation financial services and they have sent me back a letter stating that 'unfortunately due to a system anomaly, a copy of the signed agreement cannot be retrieved, under the consumer credit act I can supply you with a true copy, which is enclosed.' The credit agreement enclosed is completely blank no names, addresses, credit limits nothing. I rang them up and asked for a copy which the lady said they couldn't supply, do I still have to pay them?

 

Please help, should I send them another letter?

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No - no valid agreement = no enforceable debt


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi

 

May I ask when this loan was taken out, and can you also confirm if the company is based in Belfast as I am having similar probs.

 

But they have issued court papers (which I am defending) but to date their solicitors have failed to provide a copy of the agreement, stating it is held on a offsite facility and will take some weeks to produce.

 

My agreement started in June 2006, with Open+direct - but being sued by creation/......???????

 

thanks

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This agreement was taken out in 1999, I am still not sure whether I need to write to them to request the info again.

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No - what you need to do is write back and dispute the account, until they can supply a agreement which is enforceable ........according to them they can not supply it, so its a waiting game - this is what you should send after its been adjusted to suit your details etc.

 

Dear Sir/Madam,

 

Account In Dispute

Letter Before ActionI refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As xxxxxxxxxx have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XX/XX/XX and XX/XX/XX respectively.

As you are no doubt aware subsection (6) states:

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.

Therefore as at XX/XX/XX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If you continue to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

It is also my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970.

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice. I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfull

 

 

Edit to suit

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I don't think the 30 days part applies anymore - this was amended in one of the updates. It's just 12 working days now, then they are in default. If you sent the request by recorded delivery, the 12 working days runs from the day after they signed for it, to give them full working days.

 

In addition, it is not a criminal offence any more.

 

Don't want be picky, just wanted to let you know about the amendments:)

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Hi Mayday

You can send a CCA request but all you'll get back will be a copy document for them to fulfill their obligations under the act. If you're going to dispute the account, then you wait for them to default on your CCA request, you then have no obligation to pay anything until such time that they produce your true aggreement in court. They will huff and puff beforehand, but its all a game now. Dont ever sign anything you write to them ( Because they could copy this and add it to a fake agreement), do not give them your telephone, unless you're going to be a really clever person and record all their harrassing phone calls:grin:.

It all depends on what you want to do, but basically no agreement, no pay is the general idea.

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Please can someone help me?

 

I requested a cca from creation and they sent me back a completely blank agreement - absolutely no details on it at all, and also a letter stating that due to a system anomaly the information could not be retrieved. I have now received a court summons for 5300.00 with interest to be added at the rate of 4.29 a day until the amount is repaid. How do I defend this? I haven't got a clue where to start.

 

Thanks

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Can i ask what their particulars of claim state?

 

if you can post the details on here removing the personal information

 

can i also ask if its Drydens who are the solicitors?

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Thanks

 

The solicitors are Greenhalghs and the claim was issued at Clerkenwell and Shoreditch Court.

 

the particulars are

 

Under the terms of a credit card agreement between the claimant and defendant, the claimant made credit available to the defendant, and which the defendant was obliged to repay to the claimant together with interest calculated monthly.

 

the defendant failed to maintain the payments in accordance with the agreement and so on 7th August 2008 the claimant sent the defendant a faefault notice pursuant to the Consumer Credit Act 1974.

 

the defendant failed to comply with the notice and the claimant terminated the agreement on 5th November 2008 resulting in the full balance becoming payable.

 

Full balance due 5073.16 plus claimant't pre isue legal costs of £300.00

 

the claimant also claims interest pursuant to the agreement at the rate of 30.90% p.a. (being 4.29 per day) from the date of temination until the date of payment.

 

The claimant also claims it s legal cost pursuant to the agreement.

 

Please help!

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Thanks

 

The solicitors are Greenhalghs and the claim was issued at Clerkenwell and Shoreditch Court.

 

the particulars are

 

Under the terms of a credit card agreement between the claimant and defendant, the claimant made credit available to the defendant, and which the defendant was obliged to repay to the claimant together with interest calculated monthly.

 

the defendant failed to maintain the payments in accordance with the agreement and so on 7th August 2008 the claimant sent the defendant a faefault notice pursuant to the Consumer Credit Act 1974.

 

the defendant failed to comply with the notice and the claimant terminated the agreement on 5th November 2008 resulting in the full balance becoming payable.

 

Full balance due 5073.16 plus claimant't pre isue legal costs of £300.00

 

the claimant also claims interest pursuant to the agreement at the rate of 30.90% p.a. (being 4.29 per day) from the date of temination until the date of payment.

 

The claimant also claims it s legal cost pursuant to the agreement.

 

Please help!

 

Right ok so it was issued in a normal court and not the Northampton Bulk centre,

 

Did they attach a copy of the agreement with the court forms at all?

 

it would be helpful to know either way then we can look at what options we have to work with

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Thanks

 

The solicitors are Greenhalghs and the claim was issued at Clerkenwell and Shoreditch Court.

 

the particulars are

 

Under the terms of a credit card agreement between the claimant and defendant, the claimant made credit available to the defendant, and which the defendant was obliged to repay to the claimant together with interest calculated monthly.

 

the defendant failed to maintain the payments in accordance with the agreement and so on 7th August 2008 the claimant sent the defendant a faefault notice pursuant to the Consumer Credit Act 1974.

 

the defendant failed to comply with the notice and the claimant terminated the agreement on 5th November 2008 resulting in the full balance becoming payable.

 

Full balance due 5073.16 plus claimant't pre isue legal costs of £300.00

 

the claimant also claims interest pursuant to the agreement at the rate of 30.90% p.a. (being 4.29 per day) from the date of temination until the date of payment.

 

The claimant also claims it s legal cost pursuant to the agreement.

 

Please help!

 

 

Were any documents attached to the claim form such as

1. Agreement

2. default notice


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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Absolutely no documents were attached. They have told me they don't have the cca. When I spoke with a person in their compliance department she said "Its not that we have never had the agreement, its just been lost".

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Absolutely no documents were attached. They have told me they don't have the cca. When I spoke with a person in their compliance department she said "Its not that we have never had the agreement, its just been lost".

 

 

Then to quote PT it will be fairly easy to fillet their donkey!!


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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Absolutely no documents were attached. They have told me they don't have the cca. When I spoke with a person in their compliance department she said "Its not that we have never had the agreement, its just been lost".

oh dear, their donkey is in trouble:)

 

On a serious note, without a compliant credit agreement they are in real difficulty

 

what is the date of issue on the claim form please?

 

we will need to know this so we know what time frames we have to work with

 

you will need to acknowledge the claim by filing an acknowledgment of service

 

i would suggest that you tick defend all of the claim as no agreement no enforcement , just one thing that has sprung to mind, when was the account opened?

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I can't believe after them sending me a blank agreement, no name, no date, nothing, and then telling me they haven't got it that they are still proceeding. I am just sick and tired of it all.

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Courtesy of sx 20

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

I am in receipt of your Reply dated (date). Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each default notice delivered to each of the Defendants and mentioned in your Reply.

 

You must comply with this request notwithstanding the case has been allocated to the small claims track since the default notice is an integral feature of both your case and mine. You must ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Since I maintain I have not received a default notice, your CPR 31 duties extend to making a reasonable and proportionate search for the original default notices, the better for you to be able to verify your case and mine and the authenticity of the notices. Further, if you possess only a copy of the default notice, the original of which is now in the possession of a non-party, you will have a right to possession of that original and you must take immediate steps to recover and preserve it for the purpose of this case.

 

Where there is in your possession more than one version of either of the default notices owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request or fail to request more time, I may make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I look forward to hearing from you.

 

yours faithfully

 

 

 

Suggest you send the above on Monday after acknowledging service as PT says. However I wouldn't reccomend going for srtrike out etc until AFTER you have filed a basic defence as that means they can't recommence proceedings without leave of the court


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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I wish I understood all that. Isn't going to be easy for them to get a copy of the default notice?

 

Under CPR 31.14 the Claimant has to produce within 7 days any documents mentioned in the Particulars of claim but not served with the claim form itself. Failure to do so can lead to a succesful application to strike out or for summary judgment. In this case they probably will have a default notice but is it valid?? They have admitted they do not have an agreement so really its game shot & match...........

 

However if you don't file even a basic defence they will be able to reissue should the happen to "find" the agreement. If a basic defence has been filed then they will have to make application to the court to be allowed to reissue and it is unlikely to be granted


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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This is Greenhalghs solicitors of panorama tv programme fame, the guy who thinks hes a bear!


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Please be careful of this lot,they tend to submit p/work at the last hour.Good luck

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This is Greenhalghs solicitors of panorama tv programme fame, the guy who thinks hes a bear!

 

Hello CCM,

 

I watched that programme and was totally disgusted with this bunch of animals. How sad are they paying their silly scary games. Oh I'll be the bear. Do they have no shame. And if they are solicitors, do they not realise they have to comply with laws.

 

I would really like to wipe that smile off the big bear:mad: maybe change my name to a tiny killer virus, and go after them:mad: you don't have to be big, to get a devastating result:grin:.


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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