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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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Is this new? CCA related

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As part of my preparation for a debt management plan I took advice on here to request copies of the agreements just on the off chance.

 

HSBC sent one which looks to be all in otder, no reply from one other but Halifax were the first to respond. I just requested a copy and enclosed the fee. That is all

 

They have replied with a letter saying they have enclosed a reconstituted agreement. Is this code for we don't have the agreement? There is a strong possibility I opened the account online, what does this mean in terms of a CCA request?

 

The letter also goes onto say they have satisfied the requeset and the agreement is enforcible and they will continue to act as such. They also have a warning about these dodgy firms who claim they can write debts off.

 

The letter is really quite confrontational, why does it have all this still in?

 

I could mock up any agreement I liked and say it is a reconstituted agreement. It does not really prove anything.

 

I would post an exact quote but someone has been tidying the computer room and it has mysteriously disappeared...

 

Will post it when/if I find it.

 

Oh it also states no further correspondance will be entered into with regard to the agreement. Surely as a customer if I complain they HAVE TO respond...

 

Is it just Halifax that send these sort of letters? Is it new? And what does it mean?


The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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see today release about cca issues from the oft

 

it has sev threads or is on the bbc news website

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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I've found the copy now and this is the bit I thought may be new

 

"The copy of the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documants) Regulations 1983 (the "Regulations"). Regulation 3 (2) b provides that a copy can omit any signiture box, signature of date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable."

 

Now I'm not very well up on these issues but this sounds to me very much like they are trying to pull a fast one. If HSBC were able to produce an agreement with my signature why are Halifax making such a fuss?


The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I'm still none the wiser having read all that. Just to be clear in this case I probably did the application online, in which case there would not be a signed agreement.

 

The letter makes reference to my client but I am not a company. Perhaps this is a response to a deluge of activity from those dubious claims management companies...

 

To me reconstituted means recreating something that already existed, but WHY don't they have the original?


The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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