ILLEGAL CCJ on ACCOUNT - DESPERATE!**WON AT LAST**

[illonavamp]

Hi Electric,

 

I'm in exactly the same boat at the moment with Nationwide Credit Card. I've had exactly the same few days that you have had, and their advice is right:

 

Stay calm, have a glass of wine. Then read the information you have been given a few times. Decide what you need to do next and in what order it needs to be done.

 

From what I've read you are in a very strong position. My fingers are crossed for you, and don't forget - you are NOT alone. If it wasn't for the guys n gals here I think I'd have given up long ago.

 

The only advice I can give is don't let them get you in a flap - this seems to be what 'they' try and do. Approach the problem with a steady hand.

[buzz-999]

Hi there Laiste,

 

No worries!

 

I actually wasnt anxious about the situation as I know I just have to wait until the time is up for Cl, & I was just making sure that I had advised correctly of the timescales.

 

One of the other reasons I made contact with you was because you had said last week that you were going to do/needed to do, a letter that I had to send to GE. If that's not neccessary now thats ok - I am led by you.

 

I know only too well what its like to feel that there are never enough hours in the day(!), & to be honest I often wonder just how you do it here on CAG, spreading yourself out as you do!

 

I will of course contact the court as you have suggested.

 

Many thanks for your ongoing support - sorry if I contributed to any hair-raising moments!

 

Best,

Electric:D

[electric lemon]

Whoops! - used husbands log-on by mistake!

[Laiste]

Hi Electric,

 

I got confused for a moment when I saw the different log on! Let me know what the Court advised when you get a moment. We will draft a letter to send over the weekend.

 

Regards,

 

Laiste.

[electric lemon]

Hi Laiste,

 

This is bad news:(

 

Just got back from work, & found a letter awaiting from Solicitors acting for CL Finance. Its contents as follows:

 

 

" Dear Mrs EL

 

We refer to the defence which you have filed in this matter.

 

Please find enclosed a copy of the Notice of Assignment served upon you on 9th March 2007 in accordance with the Law of Property Act 1925.

 

We can confirm that GE Money's Data Credit Management Team are dealing with your Data Subject Access Request.

 

We note your comments regarding the Default Notice, however the said Notice allowed you fourteen days from 22nd February 2007 to remedy the Default but you failed to do so. Therefore, our client was at liberty to issue proceedings against you fourteen days after the issue of the Default Notice.

 

We can confirm that we shall be progressing this Claim in the County Court, however our Client may consider your proposals for settlement and should you agree to the same, we respectively request that you contact this office to discuss the matter further.

 

We trust this clarifies the position and look forward to you reply.

 

Yours sincerely,"

 

And sure enough, there enclosed was a copy of the credit agreement - all correct & intact.

 

Where to from here Laiste?

 

A very sad little Electric Lemon tonight:(

[Laiste]

Hi Electric,

 

Don't go all despondent on me! I haven't even got warmed up with my best arguments yet and your sounding like it's all over bar the shouting! They have sent you a letter which includes what they are saying is a credit agreement and you're inclined to believe them! Not so fast! There is a world of difference between a document that is offered up as an agreement and a legally enforceable one. If the document does not comply to the required form and contain prescribed terms it is unenforceable. Don't ask me to explain the complex situation regarding form and content of agreements, we'll be here till Xmas! Suffice to say, until I see a copy of it, I can't be sure, but I am very good at going through things with a fine tooth comb!

 

Regarding the Deed of Assignment (DoA) remind me did you receive notice that the debt had been assigned? Do not worry about the DoA either, I will guarantee you, part of the amount stated that is owed, will include penalty charges from when you had your a/c, which means that if this gets to Crt, their case would be struck out on that basis, because the amount stated in the DoA has to be accurate under the LoP Act 1925. There are probably other flaws as well, which may serve to prove that an assignment doesn't even exist! But I will need to see the docs relating to the DoA also.

 

The best advice I can give you is, don't believe any of the details in any letters you receive from their sols. They have a duty to put forward their client's arguments/case, to make your situation seem hopeless, which it absolutely is not! It is important to read all letters from them during the proceedings, however, you are under no obligation to believe what you read!

 

Don't get in touch with them under any circumstances. I need you to scan up the agreement, blocking out your personal details. I need to see the Notice of the DoA, if they sent you one. I don't know how you scan things up, beyond my knowledge I'm afraid! Bella knows how to do it, if you're not sure.

 

Regards,

 

Laiste.

[bella2007]

Hi Electric,

 

Keep your chin up as we are both in good hands!

 

I had a few probs trying to scan and diskmandave gave me the answer.

 

sign up to Image hosting, free photo sharing & video sharing at Photobucket it is free and what you do is upload your image to this site copy and paste straight on your post!

 

Before I tried this I spent hours trying to get the right size scanned image onto the posts but they all came out too small.

 

Let me know if you need any help with this as I am an expert now practice makes perfect!!:grin:

 

Bella

[electric lemon]

OK will do Laiste.

I shall endeavour to sort this out over the next 24 hours.

 

Electric.

[electric lemon]

Hey Bella,

 

Many thanks for your help. as I am a little technophobic!!

 

Im so disheartened really as I so thought that these horrid people couldnt find the CCA. It certainly was appearing that way thats for sure.

 

But then again they seem to like lulling people into a false sense of security dont they.

 

I know we're in very capable hands though which is reassuring. Hows things your end?

[bella2007]

Hi Electric;)

 

Egg are playing games with us OR they just don't know what their left is doing from their right:D.

 

Anyway get your agreement up so it can be checked out!

 

I know Laiste said she was busy with a case that she was working on this week not to mention all that extra work that she does on here! Plus working through the pain barrier! (ear infection) Just hope she does not burn herself out.

 

Speak soon Electric:) remember give us a shout if you need some help uploading the doc!

 

Bella

[Laiste]

Hi Electric,

 

I read your comments to Bella a little further up and there is absolutely no reason for you to feel disheartened, I cannot stress this strongly enough. You are at the very start of proceedings and just because they have produced a document that THEY say is a credit agreement, does not mean it is, or that it conforms to the requirements, which if it doesn't will render the debt unenforceable.

 

There are a myriad of other legal arguments as well, the DoA is of primary importance and if they haven't got that right, they won't be able to enforce the debt. I guarantee you they will have have screwed up somewhere! Furthermore, just because they've started proceedings don't think for a minute when they receive your lengthy counter-claim that they will continue with the case! As I have said many times before, DCA's want easy pickings, and will recoil from a protracted legal fight. Solicitors that specialise in consumer credit law would cost a fortune to employ and your average solicitor upon reading a lengthy, valid c/c, (which he/she probably can't understand anyway) would tell the DCA to forget it and cut their losses! If the only way they have a remote chance of winning is to spend a lot of money on legal advice and representation, which even then will give them no guarantee of winning, they are going to abandon the claim.

 

The point I am trying to make is, just because they have issued a claim, does not mean they have a legal right to monies from you, or that they will obtain judgment. You need to have faith in what we're doing and not accept at face value what CL tell you. View all of their letters with suspicion and remember whose interests are being served in those letters, certainly not yours!

 

Regards,

 

Laiste.

[bella2007]

Hi Electric,

 

Laiste is back to normal and her case has been postoned so she can sort out your document so get it up as soon as you can.

 

1) Scan doc (hide your details etc... )

 

2) go to Image hosting, free photo sharing & video sharing at Photobucket

 

3) register its free

 

4) upload doc

 

5) copy doc and paste it directly into a post on here.

 

If you manage to do this then you are an EXPERT like me:p

 

Bella

[Mushymoo26]

I have today recd CCA paperwork from CL Finance and am now unsure. I have a copy of the application to open account (it states this in bold letters at the top). My living status, employment details have not been filled in. The PPI box has been ticked by however completed the application form. (its not in my handwriting). There is a clause of right to cancel, but says details will be sent in post. To be honest I dont think this is enforceable but need clarification before I send the dimwit at CL finance a snotty letter requesting CCA again. They have also sent me an extract of the deed of assignment. All this tells me is that CL have brought debts from GE and nothing specifically relating to the alleged debt. How should I proceed with this. Any help will be appreciated.

[Laiste]

Hi Mushymoo26,

 

Welcome to the forum!

 

I understand you need advice with your particular problem, but what you need to do is start your own thread, to avoid hijacking Electric's thread. It's an easy mistake to make! I guarantee that you will get lots of help and advice when you start your own thread that people can contribute to. You might want to start your thread in this section.

 

Best wishes,

 

Laiste.

[electric lemon]

Hi Laiste,

 

I'm here. Not been well with a really nasty bout of tonsillitis :o(

 

I do have to hook the scanner up at some stage today & follow Bella's instructions so that I can let you see the letter that arrived a few days ago.

 

 

Sorry for the delay - though maybe its given you a little bit of a breather!!

 

By the way, I did notice something on the CCA that was peculiar???

 

One of the addresses is correct as for what was then 'my present' one but for the former address it has my husbands old address on it not mine?????

 

It has been written in someone elses handwriting too. Though it does have my signature on it definately.

 

Hmmmmm, strange???? Thats not right at all is it????

 

Electric:)

[Laiste]

Hi Electric,

 

Sorry to hear you have been unwell, I hope you have recovered! I was wondering where you had got to! Post up the agreement when you get a moment and I will have a look at it.

 

Regards,

 

Laiste.

[bella2007]

Glad to see you back Electric:)

 

Your ears must of been burning as Laiste and I where wondering where you were! I am here today so if you have any probs loading up the document give us a shout and if I have a prob we will call the cavalry (Diskmandave)!

 

Bella:)

[electric lemon]

Grrrrrrrrrrrrrrr.

 

Still having trouble scanning.

 

Laiste I shall PM you.

[WormHasTurned]

I did notice something on the CCA that was peculiar???

 

One of the addresses is correct as for what was then 'my present' one but for the former address it has my husbands old address on it not mine?????

 

It has been written in someone elses handwriting too. Though it does have my signature on it definately.

 

Hmmmmm, strange???? Thats not right at all is it????

 

Electric:)

 

 

Hmmmm.. are you thinking what I'm thinking?

 

And if it might - allegedly - be reconstructed (but with incorrect information), or 'cut and paste' what on earth were they thinking about - is it a deliberate act approved by management or perhaps an unsupervised clerk just trying to be helpful and provide what the customer asked for?

[gandolfi]

Hello all

 

I don't want to hijack your thread Electric Lemon. I was advised to read it because there are issues that relate to my own case.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/81525-gandolfi-natwest.html

 

It's great to know that I'm not alone in having to respond to a County Court claim from the bank by filing a defence and Counterclaim. It's scary stuff! Inspiring to see that with sound advice from Laiste your confidence and control of the situation has steadily grown.

 

My reason for posting.........

I've PM'd Laiste to ask her permission to use the guidance she gave you for the letter demanding full disclosure before filing a Counterclaim (posts 51 & 52). I'd like to post the version that I've adapted for my own case on my post (for more advice) and just wanted to check that it is OK. Don't want to steal other people's work without acknowledgement.

 

Laiste, if you read this, could you let me know that it is OK to post it? Thanks!

 

Stay strong Mrs Electric!! Good luck!!!

[electric lemon]

Many thanks for your comments Gandolphi.

 

I have left a message on your thread for you.

 

Best of luck - we're all here to help one another.

[electric lemon]

Hi Laiste,

 

Just to advise that I had an Allocations questionnaire arrive today.

 

I havent had time to go through it all yet but will let you have all info asap.

 

It states that they have to have it back by 12th June.

 

Also, the dingbats.....They say that they have transferred the case to my local court....in......Portsmouth! The flamin twits!!

 

So that is the first thing that I will have to address.

 

Blimey, you just cant get the staff can you!!

[WormHasTurned]

Portsmouth - Plymouth - easy mistake - I was once in Plymouth when a French couple asked me for directions to HMS Victory

[electric lemon]

Duh!!

 

Poor things. Not far to go then, to their proper destination!

 

Dont know about the form wht?? It does appear a mystery???

 

It is 100% my signature, but everything on the form is in someone elses handwriting & not mine????

 

I have absoloutely scrutinised the form & it doesnt look as if theres any cutting & pasting that has gone on. (cant see any strange white parts that have gone over any writing!).

 

Anyway, they would have to produce it in a court of law, & anyone would be able to see if it had been fiddled with in any way wouldnt they.

 

Strange????

 

BUT, the mystery remains, because whenever I have EVER applied for a credit card it has always been me that has filled in every part????

[electric lemon]

Hi Laiste,

 

Did everything arrive ok?

 

Love,

Electric