why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[The GodMother]

Hi Pt and thanks for the thread.

 

You have said you need to send the banks letters. Something you have not put is if these should be signed? I am only asking for the obvious reasons, photoshop, and if a new person sees this they might just go ahead and sign it.

 

If your not in court procedings would you need it issue to the defendant a order via a N1 as i thought a N244 was only able to be used if procedings were already issued? I may be wrong there so if i am iam sorry.

 

Can this only be used for banks?

 

Thanks again GM

[The GodMother]

Thanks PT.

Can i use this request for any company and not just banks.

Further to that can i send this request to a DCA if the case is in the hands of a DCA?

[The GodMother]

Rite so if a catalogue company has failed to supply a copy of your cca and despite saying they know they cant take it to court or issue a statory demand as they have no cca but they have passed it to a DCA who are demanding payment or court action despite knowing the catalog company have said they have no cca then can i use CPR 31.16 on the dca to make the catalogue company produce a valid document or admit they dont have it?

[The GodMother]

yes,

 

but dont lose sight of the fact that the minute the company tells you they dont have it and therefore cannot enforce the debt, you dont need to use CPR 31.16 all you need to do is send the DCA a copy of that letter and tell them to sod off

 

 

 

 

CPR 31.16 is something which is only something you should look at if you have a issue with the lender not giving you the agreement and not confirming if they have it or not

 

 

I have done but yesterday i recieved a letter saying the OC does not accept they cant persue it even tho they have admitted it in the letter that the DCA have been supplied. They have now said they never issued that letter.

[The GodMother]

Hi PT.

 

Just a quick question the document states viewing at our local branch.

 

Would it be ok if this was posted to us or even a meeting was arranged when i could view the document my self. The reason i ask is if i was to use the CPR31.16 on a catalogue company or a DCA then they dont all have a local branch where i can view it.

[The GodMother]

Hi

 

Can either PT or X20 or somebody with the legal knowledge answer my question in post number 47 please and thank you

 

GM

[The GodMother]

Found this other little gem on same site (for anonymity I have cited the respondents as "Poster number 1" and "Poster number 2".

 

 

 

Poster number 1

 

Does anybody have any comments on the numerous consumer forums that are popping up?

 

In response to letters seeking payment we often receive letters back requesting a copy of a "True signed copy" of a CCA.

 

It didn't take long for the penny to drop, and we realised that apart from the personal details of our clients, the letters were all very similar. Obviously being produced from a letter template of some sort.

 

We even have 2 clients who embelish their stationary with Consumer Action Group (CAG) stickers. I think this is done to make us think that they are part of some powerful organisation or something.

 

We have only been in business for 18 months and are already taking steps to utilise a debt collection agency.

 

What are your thoughts on these forums?

 

 

Poster Number 2

 

Well quite frankly it is your own fault. If you don't like it, issue credit facilities properly. Some companies, beleive it or not, actually do that.

 

Furthermore, you are powerless to stop the consumer forums such as Consumer Action Group. they are NOT breaking the law in ANY way shape or form.

 

Therefore, if you are finding it a struggle to comply with legal requests for CCAs and things, go and work in Asda.

 

 

 

 

....... Had me laughing out loud !!!

 

They removed my posts from that and that was posted by a fellow Cagger who was trying to get them talking.

[The GodMother]

Re post 47:

 

Inspection of documents by copying is a modern phenomenon. The historical right to make, to demand even, a physical inspection exists in all its glory. However, the disclosing party is under no obligation to cause the document to be moved from where it is stored to some place to suit the convenience of the inspecting party. If the document is in New Zealand and the inspecting party wishes to makes a physical inspection he will need to book his flight and hotel.

 

x20

 

 

Thanks x20.

 

Could i then ask the company for a meeting with a place that i can inspect the documents or even if they fail to produce them ask them to bring them to court for inspection.

[The GodMother]

oh the 12+2 is for delivery and getting to you the original CCA request.

 

The 2 days is for first class recorded delivery and its 12 working, Monday to friday no includung bank holidays and any days the goverment has given as a bank holiday like christmas day and good friday.

 

does that help or is there something i have missed?

[The GodMother]

Hi all.

 

Please can i have a answer to question 141.

 

I am assuming i can demand they be made to bring the docs to the court?

[The GodMother]

bump to my question i post number 141

[The GodMother]

Has anyone got an origanal copy of the Consumer Credit (Agreements) Regulations 1983, not the ones with the 2004 amendments?

 

something struck me earlier and i want to check something, that is how many blank agreemants claiming to be a true copy of the origanal dated pre 2005 have post may 2005 terms in them.

 

Its a bit hard to define the changes in the ammended version

 

 

according to my searchs on the statue law database it does not exist.

 

Matching legislation

 

Your Search for: type All Legislation; title the Consumer Credit Agreements Regulations ; year 1983;

Your search produced 0 results

[The GodMother]

i have a few but they are full

[The GodMother]

Gazza i would send a chasing letter giving them 14 days to reply or possible, remember to use there words against them like may and might, court againt will be taken against them where they will be expected to produce the original cca in court.

[The GodMother]

from what i understand, which is not a lot about the 2006 regs, is that yes they dont have to have ur sig on it or anything relating to u just be able to prove threw use that u had the account.

[The GodMother]

a CPR request is free.

[The GodMother]

No u need to send a CPR request

Make sure you mark it CPR request i will post up one later.

[The GodMother]

CPR requests really are for whilest in court procedings.

 

The letter i have was taken off here so anything i have will be on here somewhere gonna find it out in a bit as i have had my hands full

[The GodMother]

Just want to say welcome back to the forums peter ur wisdom has been missed. I know i could have done with your knowledge over the past few months of trying to help ppl.

 

GM

[The GodMother]

Hi G

 

Yes i have been trying to catch up looks lie you have been busy.

 

best regards and thanks

 

Peter

 

 

im allways busy peter

[The GodMother]

Rankine is wrong and everybody knows that. Ask any DECENT legal prpffessional.

[The GodMother]

If you need to contact a mamber of site team you can always contact them by sending them a email its easy to do all u need to do is...

 

site team [email protected] eg [email protected]

[The GodMother]

it says on the N244 who needs to be served with the documents so no need for a covering letter.

[The GodMother]

That's very true but you'd normally send a covering letter - that way you have a record of the date you sent it.

 

It's a matter of personal preference - I've always done a covering letter but don't say on it who needs serving but some people, like PT obviously do - I s'pose it makes it easier for the court...he may have had some problems with his local court and finds it works best that way

 

 

Iam not saying what PT said was wrong but i was just pointing out the forum has these details.

 

I find my courts are useless enough with even the most basic of things, like being open when they say they are or even answering a call and maybe just maybe sending the correct documents to the correct person. So trying to confuse them more with a covering letter will be a bit to much for them to deal with i think.

[The GodMother]

actually, if you do not tell the court who to serve the application on GM, how will the court know where to send the application as on a N244 there is no box for Address of the claimant unlike on the N1 or part 8 forms so the court needs to be told, hence the cover letter;)

 

The courts have never asked me for the address for the person to serve docs on and have even told me there staff are highly trained and as result know to look the address up on file.

 

Being highly trained in other areas i dont think is essential.