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Urgent help needed for SD set aside


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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).

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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

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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 .

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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?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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

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

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Well, you have not received an ENFORCEABLE CCA.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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

At your Service

 

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move renamed and tidied

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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?

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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.

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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?

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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

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