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


pt2537
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Hello pt2537,

 

 

It would be grateful if would please give me an answer to this questions?

below and any liabilities I may face, also any template I could use

 

questions:

 

when do I to use the following CPR'S and how and any liabilities

 

CPR 18

CPR 31.14

CPR part 31.16

 

Thak you for reading my humble question.

 

Tam

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Can I go the CCA route if I've sucessfully claimed charges back? It's a halifax Visa card this time!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi there,

 

I've read this thread with a huge amount of interest, and would like to thank the contributors who have given advice and the benefit of their knowledge in this matter.

 

I have issued the two requests pursuant to the Civil Procedure Rules part 31.16(3)©&(D) found at the beginning of this thread, and have had nothing back from Barclaycard. Bearing in mind the danger of applying for a court order and then being subject to the creditor's costs in producing a signed credit agreement, I was considering the following course of action:

Advising the creditor that the account is in dispute and no further payments will be made until they have produced the documents requested (it is not in default at present), and then waiting to see if they threaten to sue us whereby I assume I can make a further request for the documents?

If anyone can advise me whether this is a sensible course of action I'd be very grateful, and whether I can take pro-active action to protect my credit report?

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and whether I can take pro-active action to protect my credit report?

 

Not wanting to sound cynical but the only way to pro-actively protect your credit file is to carry on paying the man so to speak!

 

Everything else is re-active as the banks/credit card firms and reference agencies will do whatever they want until you take them to court... and you usually only take them to court to re-act to something.

 

If you've done the CPR route then the next step is the N244 court claim, there is at least one in progress at the moment so you may want to hold off until that has gone through and we see the response the judge gives. But face the fact that if you have threatened the OC with a CPR and the court after that and dont follow through... theyre hardly likely to take you seriously after that.

 

Just my mid-afternoon ramblings as always

PmW

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I really appreciate your advice.

 

Am I right in thinking that the N244 form is for a court order to force the creditor to produce the credit agreement? Or is it for a claim to have the agreement declared unenforceable?

 

I assumed that I completed the form to force the creditor to produce, and if they couldn't I then had to take court action against the agreement???

 

What is the court action that is in progress? It'd be very useful to contact the person for feedback.

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Am I right in thinking that the N244 form is for a court order to force the creditor to produce the credit agreement? Or is it for a claim to have the agreement declared unenforceable?

 

N244 is to produce the agreement, what you do with the agreement once you have it is another matter dealt with in other threads.

I assumed that I completed the form to force the creditor to produce, and if they couldn't I then had to take court action against the agreement???

I think you need to read a few threads before deciding to issue court proceedings, this is NOT to be taken lightly

What is the court action that is in progress? It'd be very useful to contact the person for feedback.

As I said, one of the CAG users has applied to the court with a N244, he awaits a hearing to see if it'll be supplied. If you read back through this thread you'll see some posts relating to it.

 

PmW

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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hi if there is no agreement or it is unenforceable... what then??? how do we go about taking them to court to clear debt and repair credit file????

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Subbing. i have to say, this sounds fantastic, however i feel it is WAY too legally complex for me to handle.

I am currently going for CCAs, and so far EGG is only one which has produced something looking like a real true copy. However, i am hearing more and more that i shouldn't think of settling with Egg (i can't anyway, i am broke!) because these agreements are NOT compliant with the regulations. I am unsure what to do, but will watch this topic for interest's sake. Sounds way too tricky and risky for me though

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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A+

 

Could you please explain about the Increased Bailiffs powers in your post 695.

 

I thought this had fallen at the first hurdle and been consigned to the annuls of fantasy??

 

Please tell me you are misinformed.:confused:

 

"EXEMPLO DUCEMUS"

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Hi JGJ, i am no Latin expert so Latin phrases tend to make my bottom twitch!

I have no idea how that got in my Sig, and i have no idea about Bailiffs powers. As far as my knowledge is concerned, nobody can enter anybody's house (or constitutionally even knock on the door) unless they are a police officer or officer of the court WITH a court warrant.

I asumed that was put in my signature by admin, nothing to do with me me old mate!

Didn't want to delete it in case i offended the site owners in some way!

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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A+

 

Do not forget people asking for directions and of course the postman/woman and visitors with an appointment.

 

I do apologise if "EXEMPLO DUCEMUS" BY EXAMPLE WE LEAD makes your bottom twitch, believe me I had no intentions of making your bottom twitch me old mate!! ;)

 

 

"EXEMPLO DUCEMUS" :D

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Ferus et mon droit :D

 

I havent read these powers, and haven't time as trying to do all my reading on the financial stuff (CCA, CPR etc) at present, however there is nobody coming into my home, or even speaking to me outside my home that i don't want to talk to. My mobile plays duelling banjos when a blocked number rings so i just get to listen to the tune and think of rednecks on the other end pulling their hair out without a legal leg to stand on !!!!! :D :D :D :D

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Ferus et mon droit :D

 

I havent read these powers, and haven't time as trying to do all my reading on the financial stuff (CCA, CPR etc) at present, however there is nobody coming into my home, or even speaking to me outside my home that i don't want to talk to. My mobile plays duelling banjos when a blocked number rings so i just get to listen to the tune and think of rednecks on the other end pulling their hair out without a legal leg to stand on !!!!! :D :D :D :D

 

Great, I spent a good five minutes trying to remember what this sounded like, and now I can't get it out of my head:rolleyes: That's me done for the day then:D

Time flies like an arrow...

Fruit flies like a banana.

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Look up on youtube - RyKvD-4IxOY

 

:D

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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LOL :D

Well i am a very straight MAN, but i have to say, he has a rather dashing look about him ;)

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Great, i have yet to do a SAR to anyone (i have 19 or so) so will watch with baited breath!

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Don't forget, a SAR is sent per company, not per account.

 

Also bear in mind how many companies come under a parent company; Lloyds/HBOS, RBS/Natwest/Mint, etc.

 

For example 3 MBNA cards would equal 1 request and 1 fee, as would a Natwest and a Mint card.

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Don't forget, a SAR is sent per company, not per account.

 

Also bear in mind how many companies come under a parent company; Lloyds/HBOS, RBS/Natwest/Mint, etc.

 

For example 3 MBNA cards would equal 1 request and 1 fee, as would a Natwest and a Mint card.

 

Durgh:eek: After all this time, I didn't know that, I have paid £10 per account:-o

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