Credit Card agreement request template - COURT CLAIM

[42man]

A CPR is normally sent off when a claim form is received it gets them to produce all documentation in line with their Particulars Of The Claim - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html . From here you get them to reveal any notice of assignment (if the debt was assigned) a copy of the default notice (you'd be surprised how many aren't) and you can even get it thrown out if the particulars are vague.....Have you received any Allocation Questionnaire ? (probably not if you never sent a cpr off) this should give you an idea - http://www.consumeractiongroup.co.uk/forum/legal-issues/178882-court-claim-received-cl.html

 

However as the only aspect of your defence is the agreement, let's hope they can't find it.....you could possibly apply for a strike out on an N244, which might be the best way to go....

[1273]

Can a Credit Card Application containing Key Financial Information (interest rates etc, loss and theft of card and genral information about missing payments and default charges be said to be an Consumer Credit Agreement. It also says 'once you have signed this agreement, you will have a short time to cancel it. We will send you the exact details of how and when you can do this.'

There is no credit amount or credit limit. At the end it below my signature it says By signing this you authorise us when considering YOUR APPLICATION to gain additional relevant information, credit references, electoral role etc

 

 

It also has - we will tell you your credit limit when you first revieve your card.

 

My question is can an application for a credit card, be used as a enforcable CCA??

[saitken]

Thanks 42man - I will try the N244 in this case. If you have any further threads on how to do this I'd appreciate it.

 

I have another dispute running with NatWest. I have received a Solicitors letter advising of court action within the next 5 days. When I receive this Claim form, should I send off a letter to NatWest with a CPR requests as per the letter on the thread? And when should I submit the defence as per the Court Claim CL once I have done this? Do I need to wait for a reply to the CPR? I think you need to make a defence within 14 days.

[middenmess]

2. On 23 November 2009 and pursuant to s78 Consumer Credit Act 1974, the Defendant requested the Claimant to provide him with a true copy of the credit agreement.

 

3. On 18 December 2009 and in breach of the statutory time limits of 12 + 2 working days prescribed by the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983, the Claimant supplied the attached documents.

 

 

Into time travelling I presume??

 

I'll pop in again last week and see how it all worked out for you:D:D:D

[saitken]

Hi middenmess, not sure what you mean. 18 Dec 09 is after 23 Nov 09. And there are more than 12+2 working days between these dates. Am i missing something?

[middenmess]

''Am I missing something?''

 

 

Er-Yes.

 

Its August 17th 2009 today

 

23rd November 2009 is still 3 months away!!

[42man]

Saitken can you update your thread please ?.....this looks positive !!!

[42man]

I will also move this to the Legal Issues forum too....

 

IT IS ORDERED THAT

 

1. The Claimant shall not later than 4:00pm on 8th May 2009 deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim:-

 

a) The executed regulated consumer credit agreement made between the Defendant and Barclaycard under account reference xxxxxxxxxxxxxxxx together with any terms and conditions that applied to it at the time of signing. The original document must be brought to the hearing.

b) The default notice together with proof of service.

c) The Notice of Assignment together with proof of service.

d) The Deed of Assignment or sale agreement giving CL Finance Limited legal entitlement to make the claim.

e) A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

f) A statement from Barclaycard, being the assignor of account number xxxxxxxxxxxxxxxx confirming that said account had not been securitised prior to that account being assigned to CL Finance Ltd.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

[saitken]

Hi,

 

- I received a Court Claim on 19 Jun 09.

- I submitted a defence and received a letter from the Court dated 30 Jun 09 acknowledging receipt of my defence.

- The letter stated that the claimant must contact the court within 28 days after receiving a copy of my defence. After that period the claim will be stayed.

- I heard nothing until I received an Allocation Questionnaire dated 12 Aug 09 which I have just noticed must be replied to by 1 Sept 09.

 

Since the AQ is dated well after the 28 day period that MBNA had to respond to my defence surely an allocation procedure cannot be commenced by the Claimant?

 

Can anyone explain the legal process here?

[42man]

Did you file the AQ ????

[42man]

Have you rung the court to check if they have filed their AQ ?

[saitken]

Will do tomorrow - hope not too late...I thought that perhaps I could dispute this since it came after 28 days from claim defence?

[saitken]

Update - I have recieved the claimants AQ and a Notice of Hearing of Application (for Summary Judgment) on 2nd Nov. Although I did not yet return my AQ. The claimants solicitors also attach a copy of my 'original' CCA Pictures by saitken67 - Photobucket and copy statements showing all my transactions. They also attach a separate copy of the 'current' Credit Card Agreement Regulated by the Consumer Credit Act 1974.

[saitken]

Hi - can anyone help me complete a N244 form? I want to ask the court to strike the claim since the claimant did not contact the court advising that he wished to proceed within the required 28 days from receipt of my defence.

 

Q3: Will the above suffice?

Q4: What is a 'draft of the order you ar applying for' and do I say Y or N?

Q5: Do I need a hearing for this application?

Q7: Dont understand this question!

Q8: What level of Judge should I request?

Q9: Do I say that MBNA or Restons be served with this application?

Q10: I am thinking that I should attach a witness statement with details of the dates etc (which I have asked for in writing from the Court). Is this the right thing to do here?

 

Thanks

[saitken]

Hi - MaroonDevo has suggested that my thought that I should seek a ruling of unenforceability on my CCA (only t&cs provided) is now a bad option following the ruling by Waksman in the Carey case.

I was wondering what was the ruling by Waksman in the Carey case? And does this now mean that the general advice is that we can't go to court to try and prove an agreement is unenforceable? So the only option is to wait and defend? I'm not sure I see the difference. If unsuccessful bringing a case on the grounds of no prescribed terms or signature how could this defence be successful if used to defend?

I have made a complaint to the FoS now on the document the NatWest have provided me as a complying with my CCA request.

Stewart

[slick132]

Hi Saitken,

 

Looking in as asked.

 

This may be a useful thread to read, as an example of going to the FOS to complain and get sight of your credit agreement - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

In post 21, there are links to another thread, and to a summary of the Carey ruling by Judge Waksman.

 

There's a big difference between successfully defending a claim made against you by the bank, and seeking a declaration of unenforceability as the claimant agaisnt the defending bank.

 

As the claimant, the onus is upon you to prove your case to the satisfaction of the judge.

 

As the defendant you have only to put holes in their claim against you, to have a chance of successfully defending.

 

The Manchester cases are discussed here in a massive thread, although you will learn plenty from reading the first few pages - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

[saitken]

I have received further letters on this alleged debt from a DCA called Fredrickson. I have now complained to the FoS about NatWest not providing me with an executable CCA. Is there a template letter I can send to Fredrickson to stop them sending me threatening letters and telephoning me?

 

Thanks

[slick132]

You could either ignore their letters and calls just now.

 

Or write sonfiming that the FOS are investigating and the case ref. no. is xxx xxx.

 

If you don't yet have a ref. no. from the FOS, call them to get it.