Urgent help needed for SD set aside

[guinea10]

Can anyone tell me how i can post my CCA on here , have been trying to do it via photobucket but the forum wont let me as i do not have 20 post . Any ideas thanks

[silverfox1961]

You now have 20 posts so go back to Photobucket and hover your pointer over the small image you want to copy over. A box should appear below it. If you copy the IMG link and paste into a reply here, that should put up the whole page

[guinea10]

ANY COMMENTS THERE ARE 15 PAGES LIKE THIS , NO SIGNATURE OR SIGNATURE BOX , THANKS

[DonkeyB]

It’s a reconstructed CCA, absolutely valid as a response to a CCA request under section 78 (per pro Carey v HSBC), but totally useless in court.

 

Depending on when the account was opened you should also have received a set of T&Cs with any variation (ie. you should have a copy of the original T&Cs as well as a copy of the current T&Cs).

[guinea10]

Can i ask ,DonkeyB why is it totaly useless in court ? Need some info as got a hearing date to set aside a statutory demand . Thanks

[Sare Heid]

hi guinea 10,

 

this looks very like a reconstituted version of the 'current' t&c's, presumably the 'original' t&c's are within the other 15 pages you mention.

 

did they send anything else with/without your signature on it, an application / agreement form for example? also i think the right to cancel has to be on same page as signature, how old is the account?

 

there are many more experienced in this than me, hopefully someone will be able to help you but it will help them if they have the answers to the queries i've raised.

 

hope this has helped

 

SH

 

lots of questions i know, but this will help in assessing enforceability or otherwise

[guinea10]

Thanks sare Heid , the other 15 pages are just a continuation of the above , they did not send anything else with or without a signature . the account was taken out in 2006 .

[DonkeyB]

You need to read up (Google) Carey v HSBC. A creditor is now allowed to produce a recreation of what would be the agreement. Judge Waksman stated unequivocally that such a reconstruction could omit dates and signatures, but must have your name and the correct address at the time the T&Cs were issued. However, in court an fully executed agreement should be required.

 

Some judges still misinterpret Carey and allow these kind of reconstructions, so you have to be on top of your game.

 

These Citi recons are usually exactly correct as per Carey.

 

If you have an SD to set aside, that is a different matter – we need to now more so we can get the SD experts in here. Who issued the SD and when?

[DonkeyB]

If the account is that recent, they are likely to retain the agreement. I think Citi have simply taken the view it’s now easier to issue these templated T&Cs/reconstructions rather than rootle about the filing systems, as it would be cheaper.

[guinea10]

the statutory demand has been issued from 1st credit /Connaught on the 15/10/10 , iHAVE APPLIED TO HAVE IT SET ASIDE ON THE TERMS CCA UNENFORCEABLE

[DonkeyB]

Did you request this CCA in response to the SD?

 

How much is owing? What’s the history of the account? Can’t help without more detailed info.

 

I think you may need a better defence than that, as I expect they will have more available, but 1st Crud are notorious for scattergun use of SDs.

[guinea10]

Made the CCa request before the SD .Approx £6500 OWING .Lost my job so could not afford to pay City , would not accept my offer of reduced payment , next thing i know Ist Credit , have the account . Was never informed by Citi they were selling the debt , and never recieves a default notice , only a warning of one

[DonkeyB]

Have you already been to court with your set aside application?

[guinea10]

yes , have a hearing date

[DonkeyB]

Can you let us know exactly what you put on the form?

[guinea10]

That i had not recieved a valid cca and no defaut notice recieved , as i was led to believe by another forum , that it was a list of terms and conditions . Worried now wot will i do?

[DonkeyB]

Well, you have not received an ENFORCEABLE CCA.

[guinea10]

Wot will that mean in court , wot will i say to the judge ? thanks 4 all your advice Donkeyb

[guinea10]

aNY ADVICE HOW I CAN ADDRESS THIS AT MY HEARING ?

[coledog]

SNAP - subbing as I have one of those piles of ***** also.

 

There is some useful information on the Citi Card/Citifinancial Forum about their blatant misuse of these documents and why they do it. I am currently working through all this - this is a link to the forum as it is a bit hard to locate

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?109-CitiCards-Citi-Financial-Associates

[dx100uk]

move renamed and tidied

 

dx

siteteam

[coledog]

Hi guinea10

 

I am trying to get this 'bumped' up the Forum so that you get some help.

 

As I understand it you got the SD demand on 15th Octoberfrom 1st Crud and have applied for a set aside?

 

You sent them a CCA request before this and they have sent the re-consituted agreement,

 

Can you tell us or scan (removing personal details) the details of the claim and what you have done in response? Have you asked them to disclose any documents?

 

When is the hearing.

 

What have you put on the form?

[guinea10]

I was led to believe that the cca was just terms and conditions but now i understand they have sent me a legal request under sea 78 of the cca act , so that is what i had put on the statutory demand , that i had not recieved a valid cca under section 78 . Also that i had not recieved a default notice from Citi . Since recieving the reconstituted version i have requested to have a copy of the true executed agreement , have heard nothing . Worried wot i say in court ,the hearing is next week . Been so misinformed by another forum . Very stressed.

[coledog]

No need to get stressed - if you could just explain some of the back ground.

 

Ist Crud have applied for an SD and the OC is Citi? 1st Crud have purchased this debt I presume?

 

How old is it and what is the history of payment, amount outstanding etc What docs have you received about this apart from the 'agreement' and no default notice. Have you ever received a notice of assignment.

 

What exactly are they saying on the SD claim?

[guinea10]

Its from a Citi card , and yes 1st Credit have purchased it and now Connaught who i believe r the same company . The debt is 4 about £6600 nothing has been paid on the account 4 about 1 and half years , the card was taken out about 2005/6 . What is a notice of assingment ? Only other letters i have recieved are the usual threatening letters . God i feel so out of my depth and dont want the judge to think i dont know wot i am talking about . Wish i had never requested to have the SD set aside now , wot happens if the judge does not set aside the SD . Thanks 4 your help Coledog