We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Court claim issued & creditor claims CCA is valid.
Options
Beeincontrol
Posts: 62 Forumite
HI! I have come back today with a few developments, the last time I was here, I sent a copy of the letter 3 to HFC bank and to the solicitors Reston's I sent a copy of letters 1 3 and the one telling them that I was in dispute with Marbles , the reply I got from Reston's solicitors was this,
on 19/11/09
Thank you for your recent Correspondance.
you state the copy of the agreement does not contain the prescribed Terms.
That is not Correct.
All the prescribed terms as required by thr Satutory instrument you quote, are contained at Page 5 (CCA) ie. intrest rates, how you the customer are required to make payments and the credit limit ( the bank is entitled to express the credit limit in the way it has). The agreement is therefore not un-enforceable as you suggest and there is no reason why our Client should "write the debt off".
On 26/11/09 i got this
We write futher to our letter of november 16th 2009
We now require your Specific proposals for repayment of the balance due. Unless an Arrangement is reached by the 4th of december 2009 we have no alternative but to instigate legal proceedings.
Today 15th december I have had a claim form from Northampton county Court
Restons Solicitors are taking me on.
What do I do:eek::eek:
on 19/11/09
Thank you for your recent Correspondance.
you state the copy of the agreement does not contain the prescribed Terms.
That is not Correct.
All the prescribed terms as required by thr Satutory instrument you quote, are contained at Page 5 (CCA) ie. intrest rates, how you the customer are required to make payments and the credit limit ( the bank is entitled to express the credit limit in the way it has). The agreement is therefore not un-enforceable as you suggest and there is no reason why our Client should "write the debt off".
On 26/11/09 i got this
We write futher to our letter of november 16th 2009
We now require your Specific proposals for repayment of the balance due. Unless an Arrangement is reached by the 4th of december 2009 we have no alternative but to instigate legal proceedings.
Today 15th december I have had a claim form from Northampton county Court
Restons Solicitors are taking me on.
What do I do:eek::eek:
0
Comments
-
Beeincontrol wrote: »Restons Solicitors are taking me on.
What do I do:eek::eek:
Hiya
you've lost me slightly - too much happening in a short time. Have you requested CCA, was it unenforceable?
I think it'd be better to post a new thread in the Debt-Free Wannabe as the court thing means you need quicker replies and the more people helping the better....
Just post a new thread an overview of events to date and we'll sort it for you
2010 - year of the troll
Niddy - Over & Out :wave:
0 -
Thanks, I am a bit dim, I have been trying to copy my CCA over here for the past 2 hours, cant get it in here at all:o0
-
Beeincontrol wrote: »Thanks, I am a bit dim, I have been trying to copy my CCA over here for the past 2 hours, cant get it in here at all:o
Have you uploaded it? If not go here: http://imageshack.us/
Then just post the link here! 2010 - year of the troll
Niddy - Over & Out :wave:
0 -
Did you get advice as to whether this CCA was compliant?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
-
never-in-doubt wrote: »I believe it was not signed by the creditor but other than that we need the OP to post it here so we can see it lol
As you know, not being signed by the creditor does not prohibit a court from enforcing the agreement.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
never-in-doubt wrote: »
Scan the CCA to the PC
Goto http://imageshack.us/
Click browse
Locate your CCA image file on the pc
Click Upload
And post the direct URL
As to the CCA, is this a pre April 2007 debt?Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Beeincontrol: Make sure you blank out any personally identifying info before you post the CCA.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
As you know, not being signed by the creditor does not prohibit a court from enforcing the agreement.
I know that mate but this user had 5 accounts and i'm slightly confused myself as to which account they refer to, if not multiple ones? 2010 - year of the troll
Niddy - Over & Out :wave:
0 -
DarkConvict wrote: »As to the CCA, is this a pre April 2007 debt?
Yes mate - there is loads of history on these on the UE thread - I asked Fermi to move it as it now becomes more serious.....
Do a search of previous posts and you'll see the history - not many to look at but may help answer the background....
Plus the OP keeps disappearing and not responding to us so its hard to stay on top of things... talking of which, they are gone again! :rotfl: :rotfl: 2010 - year of the troll
Niddy - Over & Out :wave:
0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.1K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244.1K Work, Benefits & Business
- 599K Mortgages, Homes & Bills
- 177K Life & Family
- 257.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards