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Any thoughts on the CPR?


m55dlc
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My wife received a phone call from a company that bought a debt from a store card on the 13th December. She received a call from them on the 14 saying they had the debt and would be filing on the 28 / 29th December. We are not trying to avoid this debt (but we are juggling!) but cannot pay until mid to late January. There are a number of charges on the account which we will not be paying. We then received a claim pack dated the 19th! (nice of them). I was under the impression the CPR gave guidelines stating 14 days notice was required before issuing a moneyclaim?

 

I'm sending them a SAR and a request under the CCA to make sure they have the agreement and to see what info they have been supplied. Am I also right in my perception that they have 12 days to reply with a certified copy of the original credit agreement, or is that 28 days? The MoneyClaim is for £2700 + costs (so circa £2900). I only have three years of statements and therefore need to get my SAR done quickly (in the post today) and I believe there are around £500.00 in charges on this account.

 

What I need to clarify is; if the CPR states a timescale before issuing a claim, what section is it? (I've tried to read it but it is confusing due to the scope and the number of revisions); does a subject have 12 days or 28 days to reply with a certified copy of the original agreement under the CCA?; Are there any issues facing me if I tell the court that I intend to defend the whole claim (by acknowledgement first to give me the full 28 days, then by issuing a defence stating an unknown amount of charges I will be reclaiming). This is the second time a company has taken my wife and I to court like this, the first (LTSB) I won so I'm aware of the whole process, but not being legally trained I'm very capable of missing the boat on certain aspects.

 

Any help would be greatly appreciated (special nod to BankFodder for his wealth of knowledge on all aspects of bank charges and beyond)

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Hi 55

If you have charges on an account that have been levied unproportionatly they are reclaimable.

The CCA state that for £1 they must send an executed copy of the original agreement within 12 WORKING days if they dont they are in default and cannot enforce the agreement, if they still fail to supply after a further 30/31 days only a court can reinstate the agreement and they have committed an offence.

S.A.R - (Subject Access Request) is good idea and the first step you should take in reclaiming charges.

After adding up your charges (spreadsheets here) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.htmlyou can send a prelim letter (templates libary)

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

giving 14 days to reach an agreement.

After that its 14 days for the LBA. (template same place)

Then its off to court:D

Then if you have followed proceedure correctly theyfold you get your money back:D :D

AL;)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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