BLS No CCA but still demanding payment

[The_Internet]

Good luck with everything poker_mad, I hope you don't even get to court and they simply collapse the case

 

With Curlyben at your side, you have a formidable ally! We are all behind you, in spirit, too!

 

Loves,

 

The_Internet

[Docman]

Good luck as well from me. I have a similar situation with a DCA not supplying the CCA but proceeding to sue. I've issued a letter (with ack to CB for his wise words) and await the outcome. Watch the dates though. The solicitors should get back to you before you have to file a defence. If they don't, you just tell the Court they have not complied and provided documents but it could be a tight timescale.

[tooth_fairy]

Good luck from me too, subscribing xx

[poker_mad]

Just an update,

 

Issue date 17/10/2007,Date of service 22/10/2007, defence to be filed by 19/11/07

 

Letter from Curly Ben sent 22/10/07 asking for information within 10 days, so far nothing.

[Goldlady]

Hi PM - best of luck with them. I am in same situation with LTSB/BLS - absolutely no CCA has been found at all - however LTSB have written to tell me that they have no legal obligation to keep the application form for more than six years:confused: At the moment I am ignoring everything

[ODC]

Hi PM - best of luck with them. I am in same situation with LTSB/BLS - absolutely no CCA has been found at all - however LTSB have written to tell me that they have no legal obligation to keep the application form for more than six years:confused: At the moment I am ignoring everything

I think the HMCR would dispute that. Besides it was a CCA you asked for not an Application Form. Numpties

[poker_mad]

Update

 

Still no response from Sc&M, times running out for them.

[poker_mad]

Well my defence is due on Monday and so far ive had no reply to CurlyBens letter I sent to SC&M. I may as well start planning my defence and if info turns up before I send it then I can adjust it. Ive had a look around for some ideas for the defence but more advice is needed.

 

1,My defence will be based on the main fact that they have provided an application form not an agreement.

2, I sent a CCA request in march and they applied the £1 fee to my account and kept sending demands for payment. No CCA arrived

3, They have failed to supply info requested under civil procedure rules.

4, I have never recieved a default.

5, there are charges and ppi to claim but not sure if it's wise to go down that route.

 

Any pointers would be great.

[Curlyben]

No probs Poker_mad, we'll see what can be done

[pt2537]

hi

 

bear with me and i will post up something for you to go in

 

regards

paul

[pt2537]

Hi there,

 

ive uploaded a defense that should be of help to you

 

you will obviously need to amend the personal parts

 

should you need any further help let us know

 

regards

paul

 

PS i have amended the defence at 2334 hrs with some important additions

[diskmandave]

Brilliant Paul,as usual. Wouldn't it also be an idea to request the claim be struck as well?

 

Regards, Dave.

[Curlyben]

That'll be point 15 DMD

[pt2537]

Damn Ben, you beat me too it again,

 

i must get a faster computer;)

[Kazzie]

Subscribing...good luck:)

[surprise]

Joining in as I maybe in similar situation as Lloyds have no agreement, admitted it, but confirmed they will pursue the debt.

 

Watching with interest. Good luck.

[spamheed]

subscribing, you never know what they're going to do next

[poker_mad]

Thanks for the fast reply, That is one hell of a defence compaired to their POC (only 5 points) I'll have to read throught it a few times. Thanks again.

[Gingerbaby]

Hi There,

I have been reading through your threads with avid interest as i too am experiencing a number of problems with the TSB. I orginally took out a loan with them back in 1998 which subsquently ended up with BLS Collections i had been maintaining a payment greement with them for a number of years until June/July this year when they wrote to advise me that after my periodic review that my new monthly installment was £0.00.

 

Unsure as to whether this was to do with the fact that it had been paid for over 5 years (infact nearer 8 with them) i thought that it had been cleared as i was aware that after 5 years whether the balance had been paid in full or not this would be wiped off as advertised through a number of various websites

 

No further installments were then made on the account and no follow up letters or calls came to state that i was behind with my monthly arrangement so i assumed as highlighted above that this was the case.

 

But i have learnt a hard lesson from that and it comes in the form of a company called AIC - See futther threads

 

I have now asked AIC for a copy of my CCA and am now playing the waiting game as i see you have gone through this porcess and still had court papers issued can i ask what this summons was actually for is it a Stat Demand that you have recived or a CCJ request

 

Also what period of time had actually elapsed sice you requesting the CCA and rgetting your application form ?? i was under the impression that they have as follows 12+2 for the CCA then 30 days after this if they have still not supplied it that they have commited a criminal offence and could no longer pursue the debt through court !!!

[pt2537]

Hi poker mad

 

Thanks

 

no point pooching the Defence like they pooched the POC's is there hehe

 

that should shut them up accordingly, good luck and if there is anything at all you are unsure of then please please ask as ultimatley you are the one who is defending this action , you need to be fully au fait with this

 

regards

paul

[Gingerbaby]

I have a letter that was issued to me in order to defend them not be reponding to me in 12 days as i am pre pared for war on this one, this was gained from a useful source alo on this sight

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:

Dear Sir

I do not acknowledge ANY debt to your company. You have now failed to supply me with a copy of the original signed agreement for the alleged “debt” you are trying to enforce. This request was sent on XX XX XXXX together with the statutory fee of £1.00.

 

I have given you more than enough time to supply the original signed agreement and you have now exceeded the allowed time. By not supplying the documentation I believe you have now committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I will therefore no longer be making payments against this "debt" as it is unenforceable. I now consider the matter closed and no further correspondence regarding payment will be entered into. If you persist on pursuing payment you will have left me no choice but to report this matter to Trading Standards

 

 

 

Yours Faithfully,

Not to sure if this will be able to help you know with court looming but i also have a number of useful documents that could help if you are able to advise me on the type of court papers you have been issued i am assuming this was not a statutory Demand ad these have to be hand delivered or sent recorded delivery as you only have 18 days to respond an sipute the action

[pt2537]

 

Also what period of time had actually elapsed sice you requesting the CCA and rgetting your application form ?? i was under the impression that they have as follows 12+2 for the CCA then 30 days after this if they have still not supplied it that they have commited a criminal offence and could no longer pursue the debt through court !!!

 

not quite

 

they have 12 working days on reciept of a valid request to supply the debtor with the documentation requested. if they fail the debt enters a default situation and becomes unenforcable until the comply

 

if they allow a further 30 calendar days( plus the 12 working days) to lapse without compliance they commit a criminal offence

 

Now then

 

if they produce a valid agreement or invalid agreement for that matter they can still apply to court for an enforcement order . then you would need to defend the action

 

i hope this helps

 

 

regards

paul

[poker_mad]

Hi Gingerbaby, They are trying for a ccj on an old tsb credit card which was passed to bls for colection. I CCA'd them in march and they ignored it and now SC&M are involved, I minded them of the CCA and they sent an agreement and started court action. If they want to tell a judge why it took them 6 months to supply an application form and no statement of account thats up to them.

[poker_mad]

pt2537,

Here is the POC recieved from TSB so that you could double check if anything needs adding or removing from my defence. There isnt much to it so ill put some notes.

1, Refers to the credit agreement.

2, Says i agreed to make monthly payments.

3, I breeched the agreement and they issued a default

4,They issued a default notice.

5They claim £xxxx.xx

Not much is it?

[pt2537]

Is that it?

 

my word, SC&M have really gone down in my estimations

 

 

if thats the POCs in full then there is a lesson here for all.

 

this is how NOT to write a set of particulars

 

well and truely pooched me thinks