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1st Credit/moon beever Claimform - AA HBOS***Settled Tomlin Order***


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Hi

I wonder if any one could help

 

I have a credit card with the 'AA',

 

my husband signed up for it at the Dover port,

 

he was going to france for a day trip, this was in May 2004,

 

can I send a CCA request and how has other people been succesful or not.

 

The credit card is owned by BANK OF SCOTLAND

 

GILL5BLUE

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You can certainly send a cca request, how succesful people have been just look in the "Won" forum

PGH7447

 

 

Getting There Slowly

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

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  • 2 months later...

From what I can see it is an application form.

 

It seems to have some of the perscribed terms.

 

 

on the back, in a box it states

"These terms and conditions are taken from clause 1 of the BOS conditions of use.

Please refer to them for applicable definitions"

 

It also makes mention of a clause 8.2 which is not on the document?

 

By refering to this document, it should have been returned in your CAA request at least.

 

There is no where on the agreement for the creditor to sign, so how could it be executed?

 

Personally I don't think it is a proper agreement and is missing terms and conditions.

I would write asking for them to complete the CAA request

and send the terms and conditions the document refers to.

 

I can't see it enforceable at the moment,

but please confirm this with some more experienced members as I am quite new to this,

and don't want to give any misleading information or false hope.

 

NAB

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

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Hi

Can't see any of the prescribed terms on there.

The presence of the request for personal inftormation would also lead to the appearance of an application rather than an agreement.I think you have a good case for challenging this under section 127(3) and 4

 

 

Good luck

Peter

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  • 2 months later...

Hi

Thanks for the help so far.

The 'application form' I posted on photobucket is actually the one my husband bought home with him when he applied.

 

I did CCA 'AA' and they did not even send a copy of the 'application form'.

 

They responded with current terms and conditions nicely printed out-it looks nothing like the copy I have.

 

The help I need is understanding their wording of their letter:

 

They state they have included a copy of the 'executed agreement'

and a copy of the 'current terms and conditions' and they state they have complied under section 78

 

this is the bit that confuses me

they state they will not be entering into any further correspondence relating to the provision of copy agreements?

 

ARE they correct?

gill5blue

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  • 3 weeks later...

Hi

I have written to AA (Bank of Scotland) sending the no acknowledgement letter

and also included 'all communictions to be done in writing'- too many phone calls from them.

 

Thanks for the support,

 

 

I do waiver now and again in beleiving this can be unenforceable.

 

gill5blue

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  • 7 months later...

Hi

Updating threads today!

 

Since May 2009 AA have used Albion Collections to communicate that we should pay the debt.

I have sent the standard CCA letter in response.

 

I have now received a letter from RBS stating that

 

 

'I had previously requested under section 78 of the CCA 1974 a true copy of the executed credit agreement,

and they have provided me with a reconstitued version of the executed agreement

when the account was opened and also the current one.

In summary, they do not have to supply an actual copyof the ducument signed, only terms and conditions.'

'Although there is no requirement we have sent a copy of the original signed agreement.'

 

They sent me a copy of the application form.

Are they correct in their statements?

GILL5BLUE

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  • 4 months later...

Hi

I am now receiving more mail from Bank of Scotland,

following my letter to them recently(reminding them of no proper response to CCA).

 

In their letter they state they have served me with a Default Notice,

 

 

I keep all the correspondence from them and I dont have a copy(or remember receiving a copy ).

 

Is there a letter I should use to ask for a copy of the default?

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  • 1 year later...

Hi ALL,

 

The last I heard was from Horwich Farrelly,

who said they were waiting for instructions from the creditor,

this was in Dec '10.

 

I received a statement from AA in Dec '11.

 

It does not exist at Experian.

 

GILL5BLUE

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  • 2 years later...

Hi All,

long time no chat,

 

My husband has now received a county court claim form for the AA credit card.

 

The claim form is from 1st credit and Moon Beever.

 

I sent them the 'CCa request' in March 2009

 

I sent them the 'no acknowledgement letter' in April 2009

 

I have received many letters from different solicitors and debt collection agencies over the years,

but I have never acknowledged the debt(meaning my husband).

 

I have a couple questions if somebody could answer please

 

1) I dealt a lot with credit cards and no proper credit agreement in 2008/2009,

has there been any changes regarding the law since then.

 

 

2) would my defence to the court claim be 'no acknowledgement'?

 

Hope to hear from somebody soon

Cheers

Gill5blue

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Hi All,

long time no chat,

My husband has now received a county court claim form for the AA credit card.

The claim form is from 1st credit and Moon Beever.

I sent them the 'CCa request' in March 2009

I sent them the 'no acknowledgement letter' in April 2009

I have received many letters from different solicitors and debt collection agencies over the years, but I have never acknowledged the debt(meaning my husband).

 

 

I have a couple questions if somebody could answer please

1) I dealt a lot with credit cards and no proper credit agreement in 2008/2009, has there been any changes regarding the law since then.

2) would my defence to the court claim be 'no acknowledgement'?

 

 

Hope to hear from somebody soon

Cheers

Gill5blue

 

Have you or your husband checked the credit reference files?

If not do so to see what the default date is.

Did the CCA request produce the agreement?

You need to acknowledge the claim asap.

Please post up the Particulars of the Claim (POC) after removing all personal data.

 

 

When was the last payment or written acknowledgment made to the account.

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Hi Brigadier,

Thankyou for responding, it is not on my credit file, I cant check my husbands at the moment. Would it be on mine if it was on my husbands?

The CCA request did not produce a valid agreement. you can see it on post No 4 above.

Cheers

Gill5blue

 

 

OK Gill acknowledge service you can do this at moneyclaim on line.

 

 

I would send 1st Credit a CCA request asap.

 

 

As this was signed up pre April 2007 1st Credit will need the original agreement, or a proper copy of it the app form will not I thing be acceptable.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi Brigadier,

Thankyou for your response.

Do you know if the default would be on my credit file if it was on my husbands credit file?

Cheers

Gill5blue

 

 

The only time when an entry would be made is on a joint account so it should Not be on your files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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  • 1 month later...

Hi,

 

I have sent a defence to the court, sent 31/08/14

 

I have now received a letter from 1st Credit, stating

 

We are obliged to file and serve our directions questionnaire which in enclosed by way of service upon you.

 

 

We also enclose our proposed draft directions.

 

 

You are obliged to confirm if you agree to the enclosed.

 

 

If you do not you should make your own proposals and we will consider before filing the draft directions at court.

 

 

My questions are:

 

am I obliged to do what they say?

 

what would my own proposals be?

 

I don't understand what I'm supposed to do

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Hi,

 

 

I have sent a defence to the court, sent 31/08/14

 

 

I have now received a letter from 1st Credit, stating

We are obliged to file and serve our directions questionnaire which in enclosed by way of service upon you. We also enclose our proposed draft directions. You are obliged to confirm if you agree to the enclosed. If you do not you should make your own proposals and we will consider before filing the draft directions at court.

 

 

My questions are:

am I obliged to do what they say?

what would my own proposals be?

I don't understand what I'm supposed to do

 

 

Yes you must comply.

What " directions has 1st Credit supplied?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 months later...

Hi,

We went to court today and the Judge stated that our defence was incomplete.

 

 

We had to pay court costs!!

 

We have 21 days to complete a proper defence. 26/02/15

 

Then 1st credit have 2 weeks to reply. 12/03/15

 

Then a new court date for a summary judgement (for 1 hour) will be booked.

 

Date last paid account 31/03/2009.

 

Would 1st April 2015 be statue barred date?

 

Could some help with defence?

 

Gill

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can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

and post up the defence you file [minus any pers info ] please

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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gill, when the claim was issued then the SB clock was halted so sadly no, you will not be able to use SB

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In order for us to help you we require the following information:-

 

Claimant 1st credit

Date of issue –

 

What is the claim for –

The claimant claims the sum of £13k for debt and interest.

On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999.

On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k

the debt was assigned to 1st credit for the sum of £12k.

Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and

claimant claims

1. the sum of 1£2k

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8%

per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment.

 

What is the value of the claim? £13k

Is the claim for a current account (overdraftlink3.gif) or credit/loan account or mobile phone account? credit card

When did you enter into the original agreement before or after 2007? before

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? i believed they have an unenforcable credit agreement

What was the date of your last payment?31.03.2009

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan? no

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Hi,

To explain the dates further

03.09.2014 courts letter acknowledging defence recieved

24.09.2014 Received letter from court 'notice of proposed allocation to the fast track'

01.10.2014 received letter from 1st credit serving directions questionnaire and they are preparing for summary judgement.

09.10.2014 received application notice for summary judgement.

27.10.2014 letter from court transferring to a local court.

03.11.2014 notice from court-hearing to be 05.02.2015.

05.02.2015 judge said we have 3 weeks to put in a more comprehensive defence(I think that is what she meant)

 

 

Hope that clarifies the dates

Gill

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Hi,

Thanks citizenB, disappointing about SB, as all my other c/cards have now gone past this date.

Referring back to the court, should they have bought the original agreement with them?

Regards

Gill

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post up the defence you filed [minus any pers info ] please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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