Still awaiting CCA a year later

[sugg1]

Last August (2008) i requested a copy of my credit agreement as Lowell Financial were contacting me by phone/letter ect about a MK1 credit card threw a company called sygma bank uk.

 

(I still have the proof that they recieved letter as send by recorded delivery)

 

I recieved a letter from Lowell on the 22/08/2008 saying....

 

"Following your recent request to be provided with a copy of the original credit agreement in respect of the consumer credit act i can confirm our client has yet to furnish us with your agreement.

I can confirm however sygma bank uk are still in the process of retrieving the required paperwork and once this has been forwarded onto us a copy will be posted to you.

There will be no further correspondence from us untill the agreement has been recieved at which point we will require payment in full"

As of yet i still have not recieved a copy of the credit agreement,BUT today i recieved a claim form from Nothampton court with the claimant being sygma bank uk ,and signed by drydens in capitals.

 

Now where do i go from here ? do i disagree with the claim on the grounds of not recieving my credit agreement.

[spamheed]

Failure to produce the CCA is defence to a claim in its own right. You should defend their claim in full. does the balance of the CC contain any charges which could be reclaimed?

 

It looks like they are going to try to use the courts to scare you into paying, I would contact trading standards and OFT about this. what they are trying to do is outrageous

[sugg1]

does the balance of the CC contain any charges which could be reclaimed?

 

Well the debt has gone up by £3.50 lol and then they are adding court fee of £55.00 and solicitors cost at £70.00

 

Do i send the account in dispute letter to sygma and to lowell as well as return this claim form defending the claim in full and phone trading standards and OFT

[dcakiller]

I would do all of above

[sugg1]

I send the defence back to the court and they replied saying the have passed my defence drydens solictors whos clients are sygma bank and the court said they will stay the case until further notice.

 

Well yesterday i had a reply from drydens say....

 

"We write in relation to the above matter and further to your defence filed with the court.

Please find attached a true copy of the cca agreement between yourself and our client.!

 

When i turned the page there was a pre-contract information with all boxes blank ,the next page was the credit card agreement again all boxes completely blank ,all they had done was get hold of one of the agreements and send it to me ,my name address,signature nothing was not on it LOL.

The next 3 pages were just terms and agreements.

[spamheed]

"This is what the agreement might have looked like" Egg did that to me, they went very quiet when I asked them to please point out which bit demonstrated the existence of a relationship between me and them, or even their offer and my acceptance of credit

 

That may well be my agreement, or maybe their solicitors, or even the judges, if there is nothing to link you and the creditor (by way of an agreement) then there is no case to answer as the agreement could be anyones.

 

When you say the court has stayed the case, what did they give as a reason for doing this? and are Drydens now trying to reopen the case?

 

At least you now know that they have nothing. They already know that what they have sent you is not enforceable, but they will be hoping that you become scared and throw in the towel. I would use the letter from the templates library advising them that they have not fulfilled their obligation as the "agreement" they have sent you is not enforceable

[sugg1]

When you say the court has stayed the case, what did they give as a reason for doing this?

The court said they will stay the case until they send me the agreement.

 

I will be replying to drydens today

[sugg1]

Today i had a letter from Sagma bank saying...

 

We acknowledge receipt of your letter dated 10th July 2009,Received in this office on the 16th July.

 

(Funny how it took so long as i sent it recorded delivery on the 10th July)

 

I note you mention a previous request from August 2008,however we have no recorded of any previous request or correspondence being recived by this department in relation to your account.

 

(I had wrote to the DCA who was collecting on their behave and have the 2 letters saying they had contacted Sygma bank for the credit aggreement)

 

Therefore in accordance with the consumer credit act,we will require a statutory fee of £1.00 to unable us to proceed with this request and issue the documents you require.

 

(Oh so what about the £1.00 postal order i sent to the DCA last August to cover the fee)

 

I have enclosed a business reply envelope for your convenience.

(No you have`nt)

 

If you have any further queries regarding this,please do not hesitate to contact us at the above address.

[spamheed]

I would write a letter stating in no uncertain terms that you have made a legal request under the CCA and have already paid the statutory fee, you have letters from their agents to verify this and also that they confirm that they have contacted you (them)

 

just because they are having difficulties communicating with their agents this doesn't absolve them of their legal duties. in the mean time you will be complaining to Trading Standards about this blatant disregard for your rights as a consumer.

 

and then complain to TS

[sugg1]

Here is the latest .....

 

On the 23rd July i got a blank credit agreement sent to me saying that it was a true copy of my credit agreement between sygma and myself

 

Then i recieved a small claims court paper work to say it was moving to my local court so i have filled that out and sent it back with the letters and copy of the blank credit agreement and now await the next step

[sugg1]

I have finally recieved a copy of my credit agreement and the date set for court is in november.

 

My husband mentioned about the credit act that under section 6 it says something about the creditor senting you yearly statments and if they don`t then the debtor is not liabal for the debt.

 

I just want to make sure about this all before i go to court or make them a offer of payment as i am only recieving DLA as a income.

[sillygirl1]

DON'T make them an offer of payment please, they have gone this far and it is now up to you to claim in court they still do not have any real chance of getting any funds from you.

 

They CANNOT take any funds from your DLA allowance so it really is a pointless exercise on their part - unless you have any property and they go for a charging order.

 

They have taken you this far, don't cave in at the last minute and accept an offer from them in the courtroom. You need to now sit down and write down some 'set answers' and have them ready for court.

 

Has anyone one here checked the credit agreement is all it is supposed to be? They may possibly have 'recreated' it after all this time of producing nothing. I would be very very suspicious myself.

[sugg1]

I am due on court on friday regarding this matter.

They have sent me copys of my credit agreement and informed the court that they want my case wiped out so to speak but they are saying they want me to pay 1,500 court cost.

 

I only have DLA as income ,but my name is on the mortage with my husband but we don`t have any equilty.

 

What is the point of going to court if i can`t fight back at them ,i am stuffering with depression and rheumatiod arthritis so i am finding it hard at the thought of going to court and i am having panic attacks and i have problems with walking ect

[berrylover]

So the CCA isn't signed. It's just the blank one? If so then they have nothing to prove that there is an agreement between you and them.

[baileyboy]

No signature on the blank agreement? game over.

[Guest HeftyHippo]

the point of the CCA is for them to prove that you AGREED their terms. if they cannot proved you agreed anything, they cannot claim you agreed to pay them anything. they have no contract

 

post what you have on here so others can check it

[the_shadow]

I am due on court on friday regarding this matter.

They have sent me copys of my credit agreement and informed the court that they want my case wiped out so to speak but they are saying they want me to pay 1,500 court cost.

 

I only have DLA as income ,but my name is on the mortage with my husband but we don`t have any equilty.

 

What is the point of going to court if i can`t fight back at them ,i am stuffering with depression and rheumatiod arthritis so i am finding it hard at the thought of going to court and i am having panic attacks and i have problems with walking ect

 

Can you clarify what exactly they have stated.....

 

if they wish to discontinue then thats their right but it means they are open to a wasted costs order from yourself. If they discontinue then they can claim nothing from you in court fee's.

 

You need to stand firm on this, if they have no agreement and are running scared.. (as obviously the withdraw of court proceedings offer) then you need to show them you are happy for a judge to decide on a case where a s78 request was not dealt with and no actual agreement with prescribed terms exists.

 

S.

[sugg1]

They did sent me 2 copys of the credit agreement ,one was filled in by me with signature ect the other was a blank one to show what it looked like before i filled it in.

 

I never attended court and a few day later recived a letter from the court to say upon hearing counsel for the claiment and no attendence by the defendant

It is ordered that the defedants defence be struck out they took the outstanding balance of 808 and added 575 court cost and now it stands at 1,383.27 and they want full payment by 27th november like i say i am only getting DLA ,my husband is not working and is on a medical pension we are just struggling to get threw each month as it is ,so what happens now.

The agreement is only in my name so can they take any money off my husband.

 

what are the net steps i can take

[sugg1]

Can anyone advice please

[Pinky69]

Did you receive court papers before the Hearing? If so, did you respond? It would have been better if you had come back for advice before the court Hearing. I think you should write to the court and ask for the judgement to be set aside as due to your disabilities you were unable to defend yourself - and explain what your disabilities are. If they start pursuing you for money in the meantime, tell them you have asked the court for the judgement to be set aside. They cannot touch your benefits.

[sugg1]

Yes i did have court papers and but in my defence saying they had not supplied me with my credit agreement but just before the court date they did supply me with it and they informed the court to have my defence wiped out ,so i had no leg to stand on so to speak.

 

I then recieved the letter from the court saying it is ordered that the defendants defence be struck out and put down the outstanding balance plus court cost ect and that it now totaled 1,383.27 and to pay by the 27th november.

 

so you say to write to the court saying i am disabled and suffer mental illness and that i only recieve DLA as my only income and i am unable to pay.

 

what about me and my husband owning are own home with a mortage can they put a charge on are house to get the money as we have no equitly.

Also hubby is on a medical pension and war pension can they take into account his income.

[247orbital]

You would actualy think that there would be a time limit on CCA requests, old accounts CCA's are obviously hard to locate for the banks, but an open ended time period seems unfair on the consumer. I would think 3 months or 90 days is more than adequate.

[the_shadow]

Can anyone advice please

 

You either need to apply to get this set aside, if you are on benefits you should get remission on the application fee... OR you need to apply for a redetermination of the judgment, this is where you can tell the court your incomings and they can work out a repayment schedule of £x per month.

 

You might want to get CAB involved if you dont feel strong enough to tackle this with our help.

 

If you wish to get help via the forum, then click on the red triangle on the left and ask that this gets moved to the legal forum. Also you need to state which path you want to go down.

 

S.

[sugg1]

Today received a notice of application to register a restriction against the land.

 

But my husband was looking at the copy of my credit agreement and noticed that i had signed the agreement on 02-05-2004 but the section where it is to be completed by store staff in front of me on the day has been signed and dated 02-05-2005

so thats clearly a whole year after i signed ,with that being the case does it make the agreement unenforceable

[the_shadow]

Today received a notice of application to register a restriction against the land.

 

But my husband was looking at the copy of my credit agreement and noticed that i had signed the agreement on 02-05-2004 but the section where it is to be completed by store staff in front of me on the day has been signed and dated 02-05-2005

so thats clearly a whole year after i signed ,with that being the case does it make the agreement unenforceable

 

No I'm afraid I dont believe it does, so long as its signed I dont think it matters when it was signed... that said even if it wasnt signed by them they could take it to court and a judge would allow them to sign later so long as the prescribed terms are on the document.

 

Did you go to Cab or apply for set aside?

 

S.