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Cant Defend Cca?


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HI all,

 

can anyone advise on if you cant win on the cca argument what happens when creditor takes you to court gets ccj against you with regard to costs and interest being added i will be there soon as it looks ike they have me nailed to the floor:eek:

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If the CCA is correct then there isn't really a defence.

You'd be better off trying to come to an arrangement with the OC, rather than let it get to court.

 

If on the other hand the CCA is incorrectly excuted then it is totally defendable.

 

Have a look at this thread: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/90012-just-been-court-cl.html

covers a lot of stuff, but basically if all they have supplied for your CCA is an application form then there's a rock solid defence.

 

Good Luck.

  • Haha 1

Be VERY careful whose advice you listen too

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Hi OutOfCash,

 

You've read my thread http://www.consumeractiongroup.co.uk/forum/general-debt/97654-reply-cca-request-help.html and our circumstances are the same :wink:

 

From what I understand, our CCA documents are unenforcable as they have not been signed by the creditor.

 

However, HAD they been signed by the creditor (and I see no reason why, if asked to present the signed agreement in court, the creditor couldn't 'add' their signature), then it appears that they WOULD be enforcable.

 

Even though the majority of posters here appear to think that an 'application' form is not acceptable as an 'agreement', and we signed the 'application' form.

 

So I'm still not sure what to do, but I guess I'll make them an offer of repayment and take it from there.

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hi so fed up,

 

if they added their sig just before court they would not look good to a judge under the disclosures rules an application form is just that its pre contractual application for credit .and a cca request is air tight in this case banks and visa companys have lost cases on this have a look around on the forum i think there are some but not many i have been threatened with court 3 times this year jan onwards still waiting for them to do it?

 

 

have a read of this

The DTI press release is copied below.

Thursday 9 December 2004 13:28

Department of Trade and Industry (National)

INCREASED FLEXIBILITY FOR ON LINE CREDIT AGREEMENTS

 

Consumers will be able to agree credit agreements online from 31 December, Consumer Minister Gerry Sutcliffe announced today. Currently, consumers can apply for credit on line, but before the contract is complete the customer must sign a hard copy of the agreement. From the end of this month consumers will be able to complete the transaction electronically. Lenders will still have to send hard copy letters when any charges for missed payments are imposed or the agreement is cancelled. Gerry Sutcliffe said: "We are undertaking the biggest shake-up of the consumer credit market for 30 years, making it relevant for today's market. "Enabling consumers to complete credit agreements from the comfort of their own homes is a key part of this modernisation process. "This new rule will improve consumer choice without removing any consumer protection, and save business time and resources." Consumers who enter into credit agreements online will have a 14-day 'cooling off' period when they can cancel the agreement. This gives consumers extra time to shop around for the best deals and seek financial advice.

 

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HI all,

 

can anyone advise on if you cant win on the cca argument what happens when creditor takes you to court gets ccj against you with regard to costs and interest being added i will be there soon as it looks ike they have me nailed to the floor:eek:

 

If you get taken to court and lose, a couple of hundred pounds are added to your debt, and the judge will probably set up an installment plan to pay the debt back.

 

At worst, you might eventually get a charging order added to your property, or an attachment of earnings if you work. But the installment order would be for no more than the you could aford, after taking into account all reasonable living expenses.

 

If they intended to charge interest after judgment, they would have to send you notice of this, and you could apply for a time order and ask that the court review this interest.

 

also, don't believe everything the claimant says... Lots of people win on these grounds. Get a copy of the credit agreement, and post it.

 

 

 

In other words, it's not the end of the world.

 

However, you are making big assumptions here. Have you obtained a copy of the credit agreement? Does it have all the prescribed terms? Have you posted it? Did they charge penalty charges, and if so is any notice of assignment valid? Have they sent you a proper default notice?

 

There are LOTS of ways to win in court; an improperly executed Credit Agreement is only the first of them.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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are the same :wink:

 

From what I understand, our CCA documents are unenforcable as they have not been signed by the creditor.

 

Hi there,

 

It could still be enforceable with the leave of the court.

 

had it not been signed by yourself it would have been totally enforceable.

 

I hope this helps.

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As requested, I uploaded them for you.

 

They look enforceable to me (No creditor sig) - except that the reference no seems different on one of the pages of the credit agreements compared to the other.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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As it's a 2005 agreement does it require default information?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Ignore my last comment.

 

This may be a red herring as the agreement looks fine, but why does the last page say page 3 of 3?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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