No credit agreement

lotty41

Thanks everyone for your replies. I realise I have left it a bit late in the day to request CCA from HFO. I honestly didnt know the facts about what questions I should have asked in the beginning. My partner commited suicide (sorry to be so depressing) in May and I only managed to seek legal advice on Monday!!! In the witness statement that I received a copy of from Turnball Sol, working for HFO, they have stated the following.
'The Credit Agreement was regulated by the Consumer Credit Act 1974. See Exhitit 1 attached hereto (still awaiting documentation from Citicard)

(The relevant documentation has been requested from Citicard and they have assured us sthat the Claimant's request is being processed. We can only assume that the recent OFT litigation, banks have been inundated with requests for statements, thus precipitating a backlog in processing statement and original credit agreement requests. We have continued preparing this witness statement and stated relevan exhitit 1, although not currrently in the Claimants's possession in time for the hearing)'

I spoke to Turnball sol on Monday regards CCA and there reply was that they have copies of credit card statements (which I have seen, only a few though) and they feel this is sufficent evidence. As regards to CCA they said well the worst that will happen with be that the hearing will be adjourned and that will mean that I will have to pay more court cost for the next hearing. I first received court papers in Sept 07, I would assume that if there was a CCA to be had they would have had received it by now.
Im in court today at 2pm, so frightened!!!!

Lotty

LilacPixie

good luck lotty

carrottopsuk

Just want to give you some (((hugs))) and wish you the best of luck

fermi

I hope it goes well for you.

Sounds like you have had a very rough time and I can imagine this is the last thing you need. :undecided

There really isn't any excuse for not producing a copy of the agreement. In these circumstances the creditor will try every trick in the book to try and get round the law and even bamboozle the judge by muddying the water with spurious arguments. I just hope that the judge sees through that.

Even if it should go against you I believe there are a few people on CAG who have successfully challenged it afterwards (I think). It's important to post on the "Legal Issues" board so that the most legal minded bods there might see it.

All the best for today. In my experience the courts/judges are nowhere near as scary as you imagine.

GeorgeUK

Just been having a look on that board Fermi
quite like the quote BAAB referred to.
http://www.consumeractiongroup.co.uk/forum/legal-issues/159678-possible-still-use-cca.html#post1710936

good luck lotty

nimbo

good luck sweetie

stapeley

You must repeat the fact that due to the non supply of the CCA you have been unable to prepare properly . If they point to statements showing use of the card , ask for ALL statements to be shown . They is a Judgement where it was ruled that as the Creditor did non insure the correct procedure was following with a CCA the monies were deemed to be a gift ! It will not be a court room drama , but a small side room so please do not worry . BEST OF LUCK . Please lets us know what happens , my bet would be adjournment

lotty41

Can I ask for the hearing to be adjourned until the CCA is produced, if so (this may sound silly) but how do I actually say this to the judge, how do I word it? And should this be the first thing that I say.

lotty41

Just read a report on HFO services, the Solicitor working for them is named as Alistar Turnball, apparently he is the company secretary for HFO, this means nothing to me apart from sounding a bit dodgy. Should I mention this in court or would it not make a blind bit of difference.

SunderlandBlackCat

A Company Secretary is the name of the company's representative on legal documents. It is an official position registered with Companies House.