Are these CCA's enforceable

[cerberusalert]

Complain to Trading Standards via Consumer Direct Consumer Direct - Contact us they are in breach of OFT guidelines.

[AndyOrch]

Is there a template letter Andy? I cant find one.

 

 

Legal notice issued under Section 10 of the Data Protection Act 1980

 

Edit it together with the harassment notice.

 

Regards

 

Andy

[shirei12]

Thanks Andy, Does this get sent to HFC or Weightmans.? Cant find harrassment notice though.

Can I also send Weightmans a copy of the dispute letter I sent to HFC in Nov 2009, as in one letter they say they are not aware of us previously raising any legitimate dispute in relation to the debt. Obviously HFC neglected to tell them

[AndyOrch]

To HFC Shirei and yes by almeans send a copy of your dispute letter to Weightmans.

 

Regards

 

Andy

 

Ps Harassment letter is the the telephone one in the templates section you will just have to edit it to suit your situation

[shirei12]

Cheers I will get on that right away.

[AndyOrch]

Excellent Shirei

 

Now stop worrying, more chance of snow in hell than them muppets instigating litigation;)

 

 

 

Andy

[shirei12]

Excellent Shirei

 

Now stop worrying, more chance of snow in hell than them muppets instigating litigation;)

 

 

 

Andy

 

Oh Dear that snow has appeared in the form of claim

[AndyOrch]

Oh Dear that snow has appeared in the form of claim

 

Post up the details of the summons Shirei P.O.C Claimant, Sols, etc dont be too specific with the amount but ball park to give me an idea of which Track this will be allocated to.

 

You need to contact the site Team also and get this moved to the legal section.

 

Regards

 

Andy

[shirei12]

Hi Andy,

There seems to be a mistake in the POC.

The defendant is indebted to the claimant in the sum of (xxxx.xx Less than 2K) and in respect of the said agreement under account number ******* and maintained by the defendant at the claimants branch and the sum of xxxx.xx (which is the same amount as above) in respect of costs under the said agreement.

This amount is double the amount claimed they have just doubled the outstanding balance.

[AndyOrch]

Cant claim their costs within the Summons amount,that is not your liability or outstanding debt.CPR request Shirei ASAP and ask them to verify their costs and why its amalgamated into the summons amount.

Oh and do your AoS on line ASAP Defend All

 

 

Andy;)

[shirei12]

I am having problems understanding the poc it doesnt make sense to me.

(5) In the premises,the defendant is indebted to the Claimant in the sum of xxxx.xx (This is double what it should be) (6) The claimant therefore claims the balance due under the agreement.(Which is half the amount)

 

In the column opposite the poc is the original amount owed +court fee+sols fees.

[shirei12]

CPR request goes to who Andy? Sols or Claimant.

[AndyOrch]

Its what the summons amount equates to that matter Shirei not whats in the PoC.

 

Andy

[AndyOrch]

CPR request goes to who Andy? Sols or Claimant.

 

 

Sols (who are they by the way?)

[shirei12]

Sols are Weightmans. I thought the POC had to be correct,its stating a different amount to the amount claimed.

[AndyOrch]

No the summons amount must be correct the PoC can read as Humpty Dumpty for what its worth:D

 

Andy

[AndyOrch]

You are in legal now Shirei

 

Andy

[MARTIN3030]

Moved here-as requested.

[AndyOrch]

Thanks Martin

 

Regards

 

Andy

[shirei12]

I am still trying to get used to the new look CAG but finding it all confusing.

I have some dates I would like verified please. If summons was issued on 30th July,am I correct in saying I have until 18th August to acknowledge service?(At the latest that is)

[AndyOrch]

I make it 17th Shirei but dont leave it to the deadline anytime now will suffice.

 

Andy

[shirei12]

Thanks Andy,

I am sending a CPR 31.14 to sols,can I ask for anything that is mentioned in the POC,(agreement,default,)and can I question the amount owed in the POC? Would the original agreement need to be produced in court?

[AndyOrch]

CPR 31.14 does request any document referred to in their PoC Shirei. With regards to the amount Im still struggling with the reason for the two amounts referred to.By all means add a paragraph to request further explanation of the the different figures and of course to provide documentation to back up this second figure.

As for your last point well that would depend on the DJ and the day reconstructed are passing through these days:confused:

 

 

Regards

 

Andy

[shirei12]

I am struggling with whether to go further with this one now, after the last battle I dont think I could stomach another.

The thing is the only reason we requested the CCA was to see if PPI had been added to this one as well, and we still dont know for sure as we do not have an original.

It seems strange that we have all the pre-contractual paperwork but not an actual agreement,it was all done through the post and not On Trade Premises as stated on the agreement they provided.

[AndyOrch]

In that case, I personally would proceed, nothing to lose and in particular they have not produced the actual agreement.Excellent basis to base your defence on a need to see and verify the PPI details.

IMHO they will not wish to proceed further after you defend as their paperwork is obviously scant.When a PPI question is raised then a reconstructed will not suffice and no DJ would allow it there has to be sight of the original agreement and that you opted for it.

With regards to your last point then that also throws another spanner into the mix,did you ever receive cancellation options.

 

Would not let this go to default Shirei if you dont defend, the Claimant will sigh a great relief IMHO.

 

 

Regards

 

Andy