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CCJ from GE Money have to respond by 26 May!


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Hi Cristal,

 

What I need to know in respect of the charges is whether said charges were levied to the a/c, before the Default Notice (DN) was issued to you. I don't require specific details of the charges, it's just that it would help me greatly if you could look at your stmts up to the point the DN was issued and see if the amount on the stmts corresponds with the amount being asked for in the DN.

 

Also, I need you to confirm the following, does your full name, address and p/code appear on the DN. Same Q for GE Money also. What date is on the DN and by what date are you supposed to pay monies? Does it detail what the breach of contract is?

 

I also need to ask, does the application form you have been provided with detail any prescribed terms, is the interest rate stated?

 

Regards,

 

Laiste.:)

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Hi Cristal,

 

What I need to know in respect of the charges is whether said charges were levied to the a/c, before the Default Notice (DN) was issued to you. I don't require specific details of the charges, it's just that it would help me greatly if you could look at your stmts up to the point the DN was issued and see if the amount on the stmts corresponds with the amount being asked for in the DN.

 

Also, I need you to confirm the following, does your full name, address and p/code appear on the DN. Same Q for GE Money also. What date is on the DN and by what date are you supposed to pay monies? Does it detail what the breach of contract is?

 

I also need to ask, does the application form you have been provided with detail any prescribed terms, is the interest rate stated?

 

Regards,

 

Laiste.:)

 

Thank you for your post, Laiste.

 

The DN was issued on 17/11/06 and ordered me to pay by 1/12/06. My name and address appear correctly (tho the DN just uses my first initial, not my entire first name) and on my GE bills. It states: 'You are in breach of the "Payments" clause of your agreement which provides you must make each payment when due. Your breach has created arrears of XXX. To remedy your breach you must pay the arrears of XXX to us before 01/12/06." Incidentally, the DN does not state the whole amount due, only arrears.

 

RE the charges: there were two late payment charges prior to the DN and two subsequently (also Viking charged an 'administration fee'). My balance since the DN has increased by about £950, which I assume is interest they are entitled to charge? GE Money rec'd my CCA on 13/2/07.

 

The application form/agreement:

 

The top of the form is 'for office use only', completed by a staff member. Under this is 'thank you for taking the time to apply for an Account card' and asks me answer 'yes' in reply to: I am aged 18 or over, I have lived in the UK for at least 12 months and My partner or myself are in permanent paid employment, etc. None of them are ticked.

Then, centered in the page 'Credit Agreement regulated by the CCA 1974', by this agreement made between you the customer named below and oursleves, we GE Capitol Bank Ltd of.......agree to open an Account in your name on the terms set out below and overleaf'

I've provided my name, DOB, time at address, my address, home phone number, my Mother's maiden name as a password, my signature for Account Cover.

The fine print includes interest and APRs, Customer Information and Data Protection, Customer Consent, my undated signature, under that 'Your right to Cancel', under that the GE Capitol signature and date.

 

And, in huge handwritten letters diagonally across the form is the word 'Declined', underlined.

 

When I wrote to GE Money for clarification of this, they wrote back and said:

'Please note that an application form and an agreement are the same document. The decline written across the document was the original decision at the time the application was processed, it was referred and then accepted after further consultation.'

 

I hope this is the information you need. And huge huge huge thanks for all your help!

Cx

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Hi Cristal,

 

Can you tell me where the fine print appears on the document they have furnished? You also state that only the arrears are detailed on the DN. Can you advise me if the arrears amount claimed in the DN includes those penalty charges added before the DN was sent to you.

 

I will post up the def tommorow morning, so keep an eye on your thread! The other thing I would strongly advise is, type up the def in say a word doc then when you get to the part in the online process to type your def, simply copy and paste it! The reason for this is, if you spend too long typing your def up on the site, it times you out and you have to go through the process again!:rolleyes: This way, by copying and pasting, it's done in seconds and you also have a copy in your word files of what you've written! It will take you very little time to file your def online tommorow. Avoid doing it between 3-4pm, it's the busiest time, it needs to be done earlier, I hope this won't be a problem for you.

 

Regards,

 

Laiste.:)

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Hi Cristal,

 

Can you tell me where the fine print appears on the document they have furnished? You also state that only the arrears are detailed on the DN. Can you advise me if the arrears amount claimed in the DN includes those penalty charges added before the DN was sent to you.

 

I will post up the def tommorow morning, so keep an eye on your thread! The other thing I would strongly advise is, type up the def in say a word doc then when you get to the part in the online process to type your def, simply copy and paste it! The reason for this is, if you spend too long typing your def up on the site, it times you out and you have to go through the process again!:rolleyes: This way, by copying and pasting, it's done in seconds and you also have a copy in your word files of what you've written! It will take you very little time to file your def online tommorow. Avoid doing it between 3-4pm, it's the busiest time, it needs to be done earlier, I hope this won't be a problem for you.

 

Regards,

 

Laiste.:)

 

Again, many thanks for your post, Laiste. I'm sure you have better things to do!

 

The 'fine print' appears at the bottom of the page. The headings are 'Financial Details of the Account', 'Customer Information and Data Protection', and 'Customer Consent - Important Please Read This Before You Sign'.

Above my (undated) signature it says 'This is a Credit Agreement regulated by the CCA 1974 Sign only if you want to be legally bound by its terms.' Under my signature is 'Your right to cancel'. Under that is the GE Capital signature and date.

 

The arrears listed in the DN (issued by GE money) includes a £15 charge for late payment on my November 2006 bill. I've looked at the DN again and the wording seems strange 'We are required by law to send this notice to you befoore we can demand payment of the balance outstanding on your account'. But they only mention the arrears, not the balance.

 

I'm not sure if there is a notice of assignment - on the bottom of my February bill, it tells me that Viking have been instructed to collect this debt. In the first letter from Viking, it simply states that they have been instructed by GE Money to collect this debt.

 

I've also noticed that the first letter to me from Viking states: 'If you fail to contact us regarding this debt, charges will be added for subsequent letter correspondence.' In 3 subsequent letters, the amount owing remains the same.

 

Sorry I can't more specific about the impact of charges on the balance as I have not had bill recently. The last one was in March and about £200 less than the amount claimed on the Court Claim form.

 

I FEEL like I have a reasonable defence but what do you think?

 

I've checked out the MCOL and, as ever, you are right - it looks easy. And thanks for the hot tip about using a Word document.

 

I am amazed by the forensic nature of this exercise and I feel like I am learning something invaluable. I am very grateful for your patience and expertise. I hope that someday I can return the favor. Meanwhile, am sending you a mental magnum of champagne.

 

Endless thanks.

CX

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Again, many thanks for your post, Laiste. I'm sure you have better things to do!

 

The 'fine print' appears at the bottom of the page. The headings are 'Financial Details of the Account', 'Customer Information and Data Protection', and 'Customer Consent - Important Please Read This Before You Sign'.

Above my (undated) signature it says 'This is a Credit Agreement regulated by the CCA 1974 Sign only if you want to be legally bound by its terms.' Under my signature is 'Your right to cancel'. Under that is the GE Capital signature and date.

 

The arrears listed in the DN (issued by GE money) includes a £15 charge for late payment on my November 2006 bill. I've looked at the DN again and the wording seems strange 'We are required by law to send this notice to you befoore we can demand payment of the balance outstanding on your account'. But they only mention the arrears, not the balance.

 

I'm not sure if there is a notice of assignment - on the bottom of my February bill, it tells me that Viking have been instructed to collect this debt. In the first letter from Viking, it simply states that they have been instructed by GE Money to collect this debt.

 

I've also noticed that the first letter to me from Viking states: 'If you fail to contact us regarding this debt, charges will be added for subsequent letter correspondence.' In 3 subsequent letters, the amount owing remains the same.

 

Sorry I can't more specific about the impact of charges on the balance as I have not had bill recently. The last one was in March and about £200 less than the amount claimed on the Court Claim form.

 

I FEEL like I have a reasonable defence but what do you think?

 

I've checked out the MCOL and, as ever, you are right - it looks easy. And thanks for the hot tip about using a Word document.

 

I am amazed by the forensic nature of this exercise and I feel like I am learning something invaluable. I am very grateful for your patience and expertise. I hope that someday I can return the favor. Meanwhile, am sending you a mental magnum of champagne.

 

Endless thanks.

CX

 

Hi Cristal,

 

You definitely piqued my attention with talk of magnums of champagne! It has to be pink and organic though, I am a very fussy lady!:rolleyes: Seriously though, I don't do this with an expectation of getting something in return and no, I don't have anything better to do than helping you get this sorted out!

 

You are exactly right, in dissecting what a creditor and his agents do, you do embark on a forensic exercise....but believe me, there is great satisfaction to be had in pulling to pieces all that they have done which is unlawful, as well as finding what they should have done by law and didn't! You will have learned a great deal by the time this is all over, trust me!

 

Don't worry about the Deed of Assignment (DoA), that's not an issue we will be raising in the def, that's a matter for the c/c. Essentially we will tackle the agreement, but not in strenuous detail and the DN. What you have to appreciate is, there is a fine line between refuting their POC and giving advance details of your c/c! You don't want to do that, we want to make them sweat! To give a brief explanation why, if you put too many competent/ruinous legal arguments (for them) in a def, it raises the idea in the Claimants mind that they should withdraw from the case, which will stop you claiming damages from them. Of course, you could then start a claim of your own, but why would you want to do that, when they have already and have paid all of the associated fees! It's always better to receive a claim, rather than have to initiate one! Let them bear the majority of the costs and have the legal burden of proving their case! What that means is, the person/company who issues the claim have to prove everything they say, which is a BIG responsibility!

 

You will have a first rate defence to submit tommorow which counters all their arguments! So in answer to your question, what you will submit will be more than "reasonable"!

 

Regards,

 

Laiste.:)

 

P.S When are you around tommorow, in case there are reasons we need to converse? If there are probs let me know and I'll give you my tel number and we can work through them tommorow.

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Hi Cristal,

 

You definitely piqued my attention with talk of magnums of champagne! It has to be pink and organic though, I am a very fussy lady!:rolleyes: Seriously though, I don't do this with an expectation of getting something in return and no, I don't have anything better to do than helping you get this sorted out!

 

You are exactly right, in dissecting what a creditor and his agents do, you do embark on a forensic exercise....but believe me, there is great satisfaction to be had in pulling to pieces all that they have done which is unlawful, as well as finding what they should have done by law and didn't! You will have learned a great deal by the time this is all over, trust me!

 

Don't worry about the Deed of Assignment (DoA), that's not an issue we will be raising in the def, that's a matter for the c/c. Essentially we will tackle the agreement, but not in strenuous detail and the DN. What you have to appreciate is, there is a fine line between refuting their POC and giving advance details of your c/c! You don't want to do that, we want to make them sweat! To give a brief explanation why, if you put too many competent/ruinous legal arguments (for them) in a def, it raises the idea in the Claimants mind that they should withdraw from the case, which will stop you claiming damages from them. Of course, you could then start a claim of your own, but why would you want to do that, when they have already and have paid all of the associated fees! It's always better to receive a claim, rather than have to initiate one! Let them bear the majority of the costs and have the legal burden of proving their case! What that means is, the person/company who issues the claim have to prove everything they say, which is a BIG responsibility!

 

You will have a first rate defence to submit tommorow which counters all their arguments! So in answer to your question, what you will submit will be more than "reasonable"!

 

Regards,

 

Laiste.:)

 

P.S When are you around tommorow, in case there are reasons we need to converse? If there are probs let me know and I'll give you my tel number and we can work through them tommorow.

 

Fussy is an admirable attribute!

 

Thanks for the reassuring post. You have an ingenious, confident and, well, devious mind....I intend to hover tomorrow, so will stay put until I hear from you.

 

Huge thanks, Laiste!

Cx

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Hi Cristal,

 

Can you let me know on what date the CCA request was sent to GE Money and whether it was sent by recorded or guaranteed delivery?

 

On what date did GE receive it, have you confirmed the receipt date with Royal Mail?

 

What date did you receive what they say is the agreement?

 

Can you let me know asap, thanks!

 

Laiste.:)

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Hi Cristal,

 

Can you let me know on what date the CCA request was sent to GE Money and whether it was sent by recorded or guaranteed delivery?

 

It was sent to Viking and they rec'd it 13 Feb.

 

On what date did GE receive it, have you confirmed the receipt date with Royal Mail?

 

I then re-sent it to Viking and also to the Head of Collections at Debenhams and they rec'd it 6th March.

 

 

What date did you receive what they say is the agreement?

 

GE Money then sent me the 'agreement' in a letter dsted 9th March. At my request, they then sent an enlarged copy in a letter dated 31st March. I wrote back and explained they had sent me an agreement and they were now in Default in a letter they rec'd 11th April. Their response was a letter, dated 19th April, from Howard Cohen & Co telling me to expect a Court Claim issued on the same day. My two further letters to GE Money remain unanswered, as does the letter I sent to Howard Cohen & Co based on the one suggested by PriorityOne earlier in the thread.

 

ALL LETTERS HAVE BEEN SENT RECORDED OR SPECIAL DELIVERY AND ALL HAVE BEEN SIGNED FOR.

 

Can you let me know asap, thanks!

 

Laiste.:)

 

thanks, Laiste!

 

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Cristal, where are you....? I need the info for the defence!

 

I also need to know, do you remember receiving a notice of assignment and who sent it to you?

 

Post up the info asap please, I can't do the def without it!

 

Regards,

 

Laiste.:)

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Cristal, where are you....? I need the info for the defence!

 

I also need to know, do you remember receiving a notice of assignment and who sent it to you?

 

Post up the info asap please, I can't do the def without it!

 

Regards,

 

Laiste.:)

 

Did you see my reply above to yoour previous post? I tried to answer in red but it didn't work!

 

on the Deed of Assignment - on my Feb bill from Debenhams, it said at the bottom that Viking have been instructed too collect this debt (can't confirm if this notice also appeared on an earlier bill). I rec'd a letter from Viking, dated 10/01/07, informing me that GE Money had instructed them to recover the outstanding balance. Does that constitute a Deed of Assignment?

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Cristal I did see your last post, there was obviously an overlap. I did say last night that you needed to be around this morning so that we could get this done. I posted a message at 10am and it took you 1hour and 15mins to reply! Anything I ask for is required immediately so I can include it in the defence. You haven't given me complete answers either! At this rate, the def won't be ready for submission by the deadline! If I ask for specific information that's exactly what I want! If this goes to Court you can't say to the Judge the CCA was sent by either recorded or guaranteed delivery and signed for! He will want to see the postage slip, so if I put in the Def it was sent by one or other of the above methods, trust me, their lawyer will find fault with your def and perhaps might even go as far as to say it hasn't been properly pleaded! I'm not being pedantic or unreasonable here, the details have to be right. I am trying to make sure your defence is watertight, which it absolutely needs to be! I require full and complete answers to everything.

 

You haven't told me on what date you sent the CCA to Viking. You need to get out the postage slip and advise me on what date it was sent. Also, I do need to know whether it was recorded or guaranteed.

 

You have also stated that GE Money sent the agreement in a letter dated 9th March. That does not tell me when you received it. I cannot work out if they are in default and by how long if I don't know when you received the letter!

 

Not giving me the full details I require, means I am wasting time having to send this message to you, when I should be focusing on the defence! I also have to be available to take business calls as well as doing this! Help me to help you, by providing complete answers to the Q's I ask. I am not interested in the 2nd CCA request you made, it is the detail relating to the 1st request that is relevant.

 

What you've described does not amount to notice of the DoA. What is the full name of Viking?

 

Laiste.

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Cristal I did see your last post, there was obviously an overlap. I did say last night that you needed to be around this morning so that we could get this done. I posted a message at 10am and it took you 1hour and 15mins to reply! Anything I ask for is required immediately so I can include it in the defence. You haven't given me complete answers either! At this rate, the def won't be ready for submission by the deadline! If I ask for specific information that's exactly what I want! If this goes to Court you can't say to the Judge the CCA was sent by either recorded or guaranteed delivery and signed for! He will want to see the postage slip, so if I put in the Def it was sent by one or other of the above methods, trust me, their lawyer will find fault with your def and perhaps might even go as far as to say it hasn't been properly pleaded! I'm not being pedantic or unreasonable here, the details have to be right. I am trying to make sure your defence is watertight, which it absolutely needs to be! I require full and complete answers to everything.

 

Lasite, i'm sorry for the lag.. I have roofers in and out and unanticipatred problems i wn't bore yu w/

 

I rec'd the 9/3 letter from GE Money on 12/3

 

I sent the letter to Viking RECORDED POST, it was signed for on 13/2 at 8:58 AM.

 

I sent the letters dated 5/3 to Viking and Debenhams Special Delivery they were signned for at 8:06 AM on 6/6 and 11:48 AMon 6/3 respectively.

 

viking Collection Services

PO Box 800

Leeds LS99 2AE

 

sending in haste, Cx

 

You haven't told me on what date you sent the CCA to Viking. You need to get out the postage slip and advise me on what date it was sent. Also, I do need to know whether it was recorded or guaranteed.

 

You have also stated that GE Money sent the agreement in a letter dated 9th March. That does not tell me when you received it. I cannot work out if they are in default and by how long if I don't know when you received the letter!

 

Not giving me the full details I require, means I am wasting time having to send this message to you, when I should be focusing on the defence! I also have to be available to take business calls as well as doing this! Help me to help you, by providing complete answers to the Q's I ask. I am not interested in the 2nd CCA request you made, it is the detail relating to the 1st request that is relevant.

 

What you've described does not amount to notice of the DoA. What is the full name of Viking?

 

Laiste.

 

 

 

XX

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I got most of the info I need, but you still haven't told me what date the CCA request was sent to Viking. You mention a date of 5/3....? I don't know what that relates to, but its irrelevant to what I need. Given that Viking signed for the CCA request on the 13th Feb 2007, it can't have been sent in March! What date in Feb did you send it? As I said, I am only interested in the that 1st CCA sent to Viking which was received by them on the 13th Feb.

 

You need to stay around in case there is anything else I need.

 

Laiste.

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I got most of the info I need, but you still haven't told me what date the CCA request was sent to Viking. You mention a date of 5/3....? I don't know what that relates to, but its irrelevant to what I need. Given that Viking signed for the CCA request on the 13th Feb 2007, it can't have been sent in March! What date in Feb did you send it? As I said, I am only interested in the that 1st CCA sent to Viking which was received by them on the 13th Feb.

 

You need to stay around in case there is anything else I need.

 

Laiste.

 

i think the info was garbled in previous posts...sorry...The date of the CCA letter to Viking is 12 February. I sent it Recorded Delivery (not Special) and it was signed for at 8:58 AM on 13th February. The receipt number is

DK 2782 4544 3GB

 

To clarify: The letter sent on 5th March to Viking was a reminder of the CCA letter and the letter sent to Debenhams on 5th March enclosed the 2 letters (CCA and reminder) I had sent to Viking. Apologies for the confusion.

 

I am glued to my computer.

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Hi,

 

I will post up the def shortly. It will be b4 3pm. As soon as you get it file on the moneyclaim site asap. I will hang around in case you have any probs with any of the Q's on moneyclaim. Remember, you are not admitting any part of the debt and when it asks do you want to file a c/c say no.

 

Back shortly with def.

 

Laiste.

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Hi Cristal,

 

Here it is. I have proof read it but you might want to check it yourself also. I would simply copy and paste it from here when you get to the box for typing your defence into. I'll be around as I said should there be any probs. I hope the defence meets with your approval!

 

Regards,

 

Laiste.:)

 

 

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim or at all. It is denied that the Defendant entered into a regulated credit agreement as averred by the Claimants. The document furnished by GE Capital Bank in a letter dated the 9th March 2007, received on the 12th March 2007, is a declined application form. It is not a copy of a credit agreement or evidence of the alleged debt that the Claimants refer to. On the 12th February 2007, I made a request for a copy of a credit agreement under section 78 running account credit, of the Consumer Credit Act 1974. Enclosed with the letter was the £1.00 statutory fee, and it was sent by recorded delivery to Viking Collection Services, the debt collection agency employed by GE Capital.

 

GE Capital had twelve working days in which to furnish a credit agreement, which they failed to do. The purported agreement was not received until the 12th March 2007; however to comply with the prescribed period for providing said documentation, the Claimants had until the 28th February 2007, which resulted in the Claimants being in default as of the 1st March 2007. Under section 78(6)(a) of the Consumer Credit Act 1974, the Claimants are not entitled, whilst the default continues to enforce the alleged agreement. As previously stated, the document furnished on the 12th March 2007, is not a credit agreement, it is an application form that has been declined. Accordingly, as the Claimants failed to produce a credit agreement on the 12th March 2007, or at any time subsequently, they have committed a criminal offence under section 78(6)(b) of the Consumer Credit Act 1974. The Claimants have instigated these proceedings unlawfully, given that they are still in default and are precluded from taking any enforcement action whilst said default continues. Furthermore, these proceedings have been initiated vexatiously by the Claimants as they have not proved that any debt exists.

 

The Defendant denies that Notice of an assignment of the alleged debt has ever been received.

 

The Defendant denies that there has been any failure to make payment in accordance with the terms of the alleged agreement. The Claimants have produced a copy of an application form which has declined clearly written on it, which is not evidence that I entered into a credit agreement with the Claimants. Accordingly, I submit that no agreement exists between the Defendant and the Claimant for there to be any breach of the terms and conditions on my part.

 

As no agreement exists between the Claimant and the Defendant, the Default Notice to which the Claimants refer has been issued unlawfully. Furthermore, the Default Notice requests payment of that which is denied, which includes penalty charges. Penalty charges are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and under The Unfair Terms in Consumer Contracts Regulations 1999. An amount stated in a Default Notice must be accurate to be enforceable, the inclusion of the aforementioned charges renders it legally invalid.

 

The Claimants are not entitled to claim contractual interest at the rate of 26.478% per annum from the date of these proceedings to the date of judgment, or at all, as there is no evidence that an agreement exists between the Defendant and the Claimant.

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Hi Laiste -

 

It's gone, sent to the Court. Good Lord, it's an incredible document. It scared ME reading it. I cannot, really, thank you enough. Your abilities far exceed a solicitor's - I know, because I foolishly paid one to deal with another case and it was a COMPLETE waste of time and money. I ended up worse off.

 

I'm sorry if I underestimated the precision required and, as a result, added more stress to an already stressful situation. Believe me, it won't happen again. A drama here at the office (involving a window breaking over my desk this AM) didn't help matters.

 

Random acts of kindness are rare in my life and I am so very grateful for your advice and patience.

 

Obviously, I will keep you posted. Forget a magnum, I think it's now a case. Pink and organic, of course!

 

Let me know if there's anything I might have - contact names, addresses, anything, - that might be of use to you.

 

 

Have a fab weekend,

Cx

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Hi Cristal,

 

I am really glad it met with your approval! It wasn't meant to scare

you! LOL:D It can be something of a lottery with solicitors and there are not many that are au fait with consumer credit! They will happily take your money and do a sub-standard job, which sounds like what you experienced given that you ended up worse off! That really is awful, no wonder people don't have any faith in solicitors when they screw up so often!

 

Yes, unfortunately precision is everything when writing a defence and c/c! I had a lot going on earlier today and I was acutely aware of your deadline, as well as the difficulties people often have trying to file online between 3-4pm! I was expecting problems with the submission because it's a bank holiday (last minute frantic filing) and also because the Courts are closed on Tues to mark the Queen's Birthday, hence my terse posts!:roll: I am not renowed for my patience at the best of times and I do get short with people when matters are time critical! The important point is however, that it got done and submitted which is the main thing and I guarantee they are not going to be happy bunnies when they read it!:D

 

I hope you didn't get injured by the breaking window! If something is going to happen to throw a spanner in the works, you can guarantee it will occur when you can least afford the time!

 

I think everyone has a responsibility to help others when and where they can, I'm just doing my little bit to help where I can.

 

I think you're trying to turn me into a lush suggesting a case of champagne!;)

 

I hope you enjoy the weekend! Get back to me if you have any questions. The Claimants now have 33 days in total (28 + 5 days for service) to inform the Court (once your def has been processed and sent to the Claimants, which will be Tues) if they want to proceed with the claim, so all will probably be quiet for a while....!

 

Regards,

 

Laiste.:)

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Ah... what I would give for a quiet time!! Unfortunately, this is only one of many...tho they have yet to reach the court stage. Am fending them off with protracted correspondence re CCA. Of the dozen I am dealing with, I have yet to see a properly executed agreement.....incredible.

 

Yes, today was a comedy of errors and everything seem to conspire against me....nothing like a deadline to focus the mind!

 

Will let you know the next installment!

 

Yours in appreciation!

CX

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Hi Cristal,

 

If you have a number of debts to deal with, my advice is to get definitive proof one way or another, firstly, if the agreement exists and secondly, if it is fatally flawed or not. Of course as you probably know, no agreement=no debt, fatally flawed=no debt. With the CCA requests, make sure the companies in question default and commit an offence b4 you start pushing them to produce it. Had this been last year I wouldn't be giving you this advice, I would be saying leave the matter alone, do nothing and when they come to enforce it, you can say in your def and c/c that they committed a criminal offence 6,9 or 12mnths ago, to paint them in a very bad light. The problem is, the Consumer Credit Act 1974, is changing and as of April 08 (with certain exceptions) which will mean an agreement will not automatically be unenforceable even if it is fatally flawed. So it's really is important where possible to bring these matters to a conclusion asap. If you can force them to take you to Crt now where you know the agreement is unenforceable, so much the better.

 

You might have to in a couple of cases start claims yourself as things are a lot less certain as of next year and you may end up saddled with a debt because of the law change. Always ask for a copy of a properly executed credit agreement, which should contain yours and their signature, yours and their full address, plus the prescribed terms. It also needs a heading identifying it as credit agreement and any applicable cancellation rights.

 

I would also recommend keeping detailed records of all calls you receive from collection depts and DCA's. Dates, times, name of company, name of person, who called if you are unfortunate to answer the phone. Don't go through security Q's with them, tell them to put everything in writing whatever they say. Always try to get the individual's name at the start of the call, b4 things get unpleasant, because they will refuse later or will lie about their identity. If you have a facility on your phone that logs tel numbers, say whilst your at work, jot the numbers down, ring any unfamiliar ones not forgetting 141 before you dial, so you can see which company has been harassing you. It doesn't matter whether you answered the call or not, ringing 5,6,7 or more times a day is harassment for which you would have a claim for damages against them. It's all about building a case.

 

I hope this is helpful!

 

Regards,

 

Laiste.:)

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The problem is, the Consumer Credit Act 1974, is changing and as of April 08 (with certain exceptions) which will mean an agreement will not automatically be unenforceable even if it is fatally flawed.

 

Does this mean that it is becoming retrospective?

 

Worrying implications if so.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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No, it's not retrospective. If an agreement was taken out before April 2007, and is unenforceable now, then it will always be unenforceable, even after April 2008.

 

If these new provisions were restrospective, it would cause chaos as every situation that was thought to be concluded was dragged up again by creditors who now thought they could enfoce debt.

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Thanks for the heads up.

Does this mean that every debt pre CCA 2006 will not be affected or that only agreements proved unenforceable will remain so.

Situation I am thinking of is say a debt in default now from 2002 but not challenged by CCA request, should things come to a head next year say, would the same rules, ie CCA 1974 apply or would the new rules apply.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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