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

[AndyOrch]

Not true.

I requested a copy of the consumer agreement in March 2009 and repeatedly until we got to court.

Gill

 

Andy you have retained the evidence?

[gill5blue]

Hi Andy,

Yes, I have a copy of each letter and proof of posting attached to it

Gill

[gill5blue]

Hi Andy,

14 letters in total it is the 'no acknowledgement letter'

 

"Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

This account is in official dispute

Thank you for your letter dated april 2009 in response to the request of the copy of the Credit Agreement.

 

My complaint is that you still have not supplied the information requested in said act

and therefore are in default, your response did not supply me with a copy of the Consumer Credit Agreement as requested.

I assume that as you did not enclose one, you do not have one.

 

I DO NOT ACKNOWLEDGE THAT I OWE CREDIT CARD SERVICES ANY MONEY.

 

You are Licensed and Regulated by the Office of Fair Trading.

As you are now in default NO further action can be taken on this account until such a time as the copy of the original SIGNED EXECUTED

documents are made available to me.

 

I look forward to your final decision on this complaint within 14 days.

This should include your proposed actions in relation to the lack of a consumer credit agreement.

I am also writing in relation to the quantity and frequency of telephone calls that I have received from your company,

which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration

of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127

and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine."

Gill

[AndyOrch]

Hi Andy,

Yes, I have a copy of each letter and proof of posting attached to it

Gill

 

Excellent...let me peruse a little more gill and Ill get back to you later.

[gill5blue]

Hi Andy,

How is it going? good I hope

Gill

[SabreSheep]

Just one quick observation.

 

OFT should be replaced with FCA

[gill5blue]

Sabresheep

These letters were before 01/04/2014, that is when the oft closed

Gill

[Guest]

gill

just to double check you have sent a cca request to the current assigned claimant named on the claim form?

[gill5blue]

hi Ford,

 

 

Yes, I have Aug 2013 and again Feb 2015

Gill

[Guest]

hi Ford,

 

 

Yes, I have Aug 2013 and again Feb 2015

Gill

 

goodo

hopefully andy will look in tomorrow for you as yr hearing is on monday?

if not, bump yr thread.

[Guest]

did you also do a cpr 31.14 request?

[gill5blue]

Yes Ford, I did send a cpr 31.14 request.

 

 

I'm at a wedding tomorrow for most of the day, I was hoping to have it sorted today but hope to catch up on my mobile.

Andy said he would get back to me

 

 

I don't really want to go court Monday, I had to pay the court costs last time, and don't want to repeat that.

 

 

So I may have to give in and pay

 

 

Gill

[gill5blue]

I seem to have run out of moves and time. There does not seem to be anything apart from 'term and condition 8.2' that they have failed on, from what I can understand. And is that enough for the judge to dismiss their claim? I think that is a bit thin.

Gill

[Guest]

am not up to date with thread.

which post # shows 8.2?

[gill5blue]

Ford,

post 140

Gill

[Guest]

ta

have they to date supplied a copy of the original signed agreement?

[gill5blue]

Ford,

Yes

Gill

[dx100uk]

careful

 

 

its an application form is it not and it refers to T&C's that don't exist?

as ref to 8.2

 

 

dx

[gill5blue]

Hi dx,

You are correct, why careful?

Gill

[gill5blue]

Hi

I think I understand now DX

Ford, they have supplied a copy of the original signed application form

Gill

[dx100uk]

you said it was a copy of the signed agreement

it is not.

 

 

dx

[Guest]

Ford,

Yes

Gill

ok

then they still have to show it was executed ie contained the required prescribed terms. does what you signed contain the prescribed terms?

is 8.2 re a prescribed term? if its not, and relying on that alone, then not so favourable!

a def notice has to be compliant. but, there is that 'de minimis' principle which some J's may apply allowing for 'minor' defects. depends on the J on the day i suppose.

then there are the other issues you raised in yr defence.

 

at court you shld have the opportunity to speak to the other side prior to going into court re any poss negotiation re settlement. if they dont approach you then you can ask the court to tannoy them. can then discuss, and if want to settle ensure do so re no costs, if applicable, as you are concerned about that. maybe a reduced settlement via instalments via a tomlin/consent order. up to you.

but, see what andy says first. as am not fully up to date with yr thread atm. so excuse if wide.

[Guest]

ah, just seen dx's post?

[Guest]

Hi

I think I understand now DX

Ford, they have supplied a copy of the original signed application form

Gill

 

ok. and does that app'n form in its original form contain the prescribed terms?

[gill5blue]

Hi Ford,

(taken from post 140)

On the back of the application form, there are terms and conditions numbered 1 to 1.6 and referencing a term and condition 8.2. this term (8.2) is referred to but not on the back of the application form.

hth

Gill