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Penfold1972

Valid response to a CCA request

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Hi there....Would like a quick bit of help as I'm due in court tomorrow. I just wanted to clarify what a 'true copy of a credit agreement' was?

 

Reading the many posts and advice on this site it seems to me that I have requested the original full document which was signed at the time the agreement was set up. Is this correct?

 

If so, the photocopied and incomplete version I was sent is not valid or admissable?

 

I also remember seeing a template of a letter to re-request this information but now can't seem to find it. Can anyone please point me in the right direction?

 

Many thanks.

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can you post up the agreement minus personal info

 

does the agreement they sent have your signature on it

 

google photobucket

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Give me a few minutes to get the old scanner up and running.

 

It's basically a reduced photocopy which is missing at least one page, and yes my signature is on it.

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Hopefully you will be able to see these jpegs.

CCA.jpg

CCA2.jpg

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Not Bad For A First Attempt

 

In Photobucket

 

Can You Cut And Paste The Image Code Direct Onto Your Thread

 

Shout If You Need Help

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Do You Have The Following Docs Ref The Insurance

 

1/ Statement Of Price

 

2/ Statement Of Means

 

3/ Underwriting Sheet

 

Whats The Fee To Include Any Arangement Fee

 

( Was A Broker Involved, Or Did You Apply Direct To Citi)

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To be honest I don't know. Do the photocopied documents I've scanned this evening add up to a valid CCA agreement? I don't believe they do but would appreciate an informed opinion.

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Is This A Trial Tomorow Or Just A Hearing

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Can anyone answer my original queries please? Many Thanks in adavnce.

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sorry but getting confused now

 

so its a bankrupcy hearing

 

you mention a credit agreement

 

has a dca given you a statutory demand for bankrupcy

 

i was under the impression this was for a ccj

 

who issued the petition

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Hi Postggj,

 

Long story short is that I am disputing a bankruptcy order because I believe that the DCA (1st Credit/Connaught) have not followed the proper procedures. Yes, I have an SD for bankruptcy and this will be the 2nd hearing.

 

The first was adjourned for 4 weeks after the solicitors turned up with a photocopy (similar to the one attached, but worse quality) of this supposed CCA and handed to me as I walked into the court.

 

I have now received (on Friday) a further letter from the solicitors enclosing the documents I attached earlier. As I said before I don't believe this to be the original document.

 

As I'm in court tomorrow I need to have some answers so I'm sorry if I appear stressed!!!

 

I know I've left it rather late in the day.

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did you not fill out a 6.4 and 6.5 form to set aside the stat demand

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Stupidly - No.

 

I was given some duff advice and now I'm in this situation.

 

How do I go about responding to this?

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now in the documents sent to you

 

have you been given a statement saying how much is owed and how the debt is made up

 

did you receive the stat demand through the post or by process server

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In the documents recieved last week was a photocopy of a statement with CitiFinancial's header with details of credits decits etc. i'm going to try and work out if any further charges have been applied by 1st/Connaught as i've never had a statement from them.

 

The SD was hand delivered on a Sunday.

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can you post up that statement minus account number and name etc but leave in the figures

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I've just noticed the date - 31st March 2010. Haven't Citi gone out of business?

 

Quick Google serach says no!

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Apparently the outstanding debt is £5332.49.

 

Going by what is on the statement and agreement I should have £5525.42 left to pay, a difference of £197.93???

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its a bit late so i would do the following

 

when you go to court, say to the judge 1st crud/connaught have failed to substantuate the amount claimed

 

1/ no full statement of account

2/ no affidavit sent by the claimant on how the sd was served and enclosed with the petition

3/ the payment protection insurance was missold and you will be claiming it back

4/ the account has been made up of penalty charges

5/ the claimant has failed to suply the underwriting sheet, statement of price and statement of means

6/ a mr justice warren has confirmed that the insolvency service should not be used as a method for debt collection and dismiss a petition and award costs against the petitioner

 

ask for an adjornment and ask the court to order 1st crud to produce those docs listed

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Quick Google serach says no!

 

no matter as the debt would have been assigned to 1st crud

  • Haha 1

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its a bit late now

 

lets see when the judge grants an adjornment tomorow first

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