CAA request updates / results part 2

hardboiled

loopylu36 wrote: »

Hi there, I'm just after a little bit of help with an Egg loan CCA if possible.

I requested a CCA for both an Egg Loan a/c and a CC a/c. Both were received after about 4 months via Brian Carter Sols (the debts had already been assigned to them). They have now issued CC summons for the loan but not the cc. I think that is because they know the cc is flawed (mine is the same as some others which state "approved limit").

Whilst they supplied the CCA for the loan, they didn't supply any statement of account - should they have done and can I defend the CCJ on this basis?

The agreement also refers to a "Personal Loan Agreement" and various clauses within it - these do not form part of the agreement that they sent me so where are they?? Again does this make it unenforceable?

I have been paying this debt but Brian Carter decided that they wanted 10 monthly installments of £1,400 !:rotfl:

How much ????
which they know isn't possible otherwise you wouldn't have that debt in the first place!

badgerbread

Recived a court letter this morning from Restons solicitors for the GM card but they have not provided me with the correct info what do I do now? do I make a counter claim? please help getting worried now!

hardboiled

badgerbread wrote: »

Recived a court letter this morning from Restons solicitors for the GM card but they have not provided me with the correct info what do I do now? do I make a counter claim? please help getting worried now!

I'm no solicitor but whatever it is you've asked them for request it again and spell it out loud and clear and tell them they haven't provided the correct information.

Just because they've issued court letter doesn't mean they'll win.

Personally I'd issue a counter claim, but I don't know the full circumstances.

badgerbread

hardboiled wrote: »

I'm no solicitor but whatever it is you've asked them for request it again and spell it out loud and clear and tell them they haven't provided the correct information.

Just because they've issued court letter doesn't mean they'll win.

Personally I'd issue a counter claim, but I don't know the full circumstances.

thought i would let you know a bit of background to the story. I asked for a cca from HFC and as the letter admits I recieved" a copy of your credit agreement within the meaning of the act, your latest terms and Conditions and your last six statements of account" I also have had another letter previously from HFC bank that admits "HFC bank has been unable to provide you with a copy of your legal agreement" the lastest letter I have recieved also says that " should you choose to file a defence to those proceedings on the basis of the alleged inadequate resopnse to your s78 request we will submit an application to the court for summary judgment against you" do I go ahead and defend this? if so what do I put in my defence? please help if you can thanks

Locke

badgerbread wrote: »

thought i would let you know a bit of background to the story. I asked for a cca from HFC and as the letter admits I recieved" a copy of your credit agreement within the meaning of the act, your latest terms and Conditions and your last six statements of account" I also have had another letter previously from HFC bank that admits "HFC bank has been unable to provide you with a copy of your legal agreement" the lastest letter I have recieved also says that " should you choose to file a defence to those proceedings on the basis of the alleged inadequate resopnse to your s78 request we will submit an application to the court for summary judgment against you" do I go ahead and defend this? if so what do I put in my defence? please help if you can thanks

You're better of going to CAG for any advice on legal issues, you won't get much help on here anymore.

http://www.consumeractiongroup.co.uk/forum/

NorthernLas

Badger - I suggest that you either post on the enforceability thread or even better start your own thread.

In order to help people need to know if the letter you have is a threat of a CCJ letter or whether it is from from the court (e.g. Northampton).
You also need to provide a summary list as to what you have sent to HFC and what they have replied with. Look at https://forums.moneysavingexpert.com/discussion/2532927 and see if you can identify the letters that you have sent.

Only you know whether you have the information to defend. But if you summarise what you do have then people may be able to give a view.

cocker100

badgerbread wrote: »

thought i would let you know a bit of background to the story. I asked for a cca from HFC and as the letter admits I recieved" a copy of your credit agreement within the meaning of the act, your latest terms and Conditions and your last six statements of account" I also have had another letter previously from HFC bank that admits "HFC bank has been unable to provide you with a copy of your legal agreement" the lastest letter I have recieved also says that " should you choose to file a defence to those proceedings on the basis of the alleged inadequate resopnse to your s78 request we will submit an application to the court for summary judgment against you" do I go ahead and defend this? if so what do I put in my defence? please help if you can thanks

Hiya!

To me, these are scare tactics and a dodgy attempt to make you believe that they will succeed in court.

If they haven't provided you with the original terms and conditions from when you opened the account then they are screwed. The test case in the Manchester High Court in December ruled that a creditor must provide historic conditions aswell as the varied ones to fulfil a S78 request.

Google Manchester CCA test case and read through the judgement. (Or at least the summary at the end)

You need to defend this and use their S78 request failure as a starting point. As mentioned above, register on the CAG and you will get step by step help on all the legal stuff there.

Good luck!!!

Cocker:)

andy164

hi all. sorry to bother you, ive probably posted in the wrong place, but new to all this, quiet a while ago a debt management company acted on my behalve an eventually sent me a letter to say that a debt i have with mbma on a cc is apparently unenforceable, ive since been getting phone calls from a company in mombai(agis) chasing up this debt. My main ? really is if i stop paying this an the debt is on hold, does the value of the debt continue to rise over the years with interest? also how long would my credit rating be affected? (til the debt is cleared)
thanks in advance to whoever replies
regards Andy164

hardboiled

I wouldn't send them the letter straight away , ask for proof. Use that letter as an Ace card. But in the mean time get proof and if you are on good terms with the company that sent the letter saying it's unenforceable ask them how this came about ( but then again you should know that anyway ).

Sounds like a case of the left hand not knowing what the right hand is doing.

treblex33_2

never-in-doubt wrote: »

Check this out! - Unenforceability & Template Letters IV

Hi NID,
just wanted to check regarding my accounts, but the above link of your thread does not seem to work, also for thread III?? Have you deleted these or just the system is down?
thanks


https://forums.moneysavingexpert.com/discussion/2305463