Cca Requests Updates Please

blind-as-a-bat_2

The timescale you need to watch for now is from the date on the court claim you have 14+5 days to acknowledge the claim, stateing you wish to defend, you will then get a further 14 days to file your defence, so dont panic and feel you have to rush if you only got the claim yesterday, but im assuming its dated in the last two to three days, can you confirm the exact date on the court claim just so we know where we are

linzi_pinzi

yea the court date on the form is the 16th feb 09 do i have 2 ask them change the court 2 my local 1 cos this court letter is for northampton...thank u

blind-as-a-bat_2

linzi_pinzi wrote: »

yea the court date on the form is the 16th feb 09 do i have 2 ask them change the court 2 my local 1 cos this court letter is for northampton...thank u

It normaly happens automaticaly after the claiment (CL finance/howard cohen) have recieved your defence and they decided they wish to procede, you normaly get whats called an alocation questionaire and confirmation the case is being transfered to your local court at that stage.


Try not to worry too much, This lot use the court system to presure you into paying up, they have a history of pulling out at the last min or not turning up at court, but you still have to go through the motions im afraid, and ocasionaly they do follow through if they have a strong case, which is not very often to be honest, so you need to get a good idea how best to offer a good defence

cocker100

Hi all,

Been reading through the recent posts with some interest. Thanks again to all who have commented on my CCA request.

Am I right in thinking that an application form CAN be used as a valid credit agreement, but only if it contains all of the perscribed terms?

Having had a good look through mine, I am fairly certain it does not contain what is required. Parts of it are also fairly hard to read, another big no-no!

Also, it is incomplete. They have omitted "section 5" of the form. I think it must be the section on ppi protection. (Interesting, as this account DID HAVE ppi included on it). The 1983 regs dont allow them to omit this section, am I right? and therefore also make it invalid, as it is not a proper copy.

I'll try again later to upload it, so you all can have a gander at it!!!

Thanks again,

Cocker:)

blind-as-a-bat_2

cocker100 wrote: »

Hi all,

Been reading through the recent posts with some interest. Thanks again to all who have commented on my CCA request.

Am I right in thinking that an application form CAN be used as a valid credit agreement, but only if it contains all of the perscribed terms?

Having had a good look through mine, I am fairly certain it does not contain what is required. Parts of it are also fairly hard to read, another big no-no!

Also, it is incomplete. They have omitted "section 5" of the form. I think it must be the section on ppi protection. (Interesting, as this account DID HAVE ppi included on it). The 1983 regs dont allow them to omit this section, am I right? and therefore also make it invalid, as it is not a proper copy.

I'll try again later to upload it, so you all can have a gander at it!!!

Thanks again,

Cocker:)

The fact PPI is included may invalidate an agreement anyway if not stated correctly have a read here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

cocker100

blind-as-a-bat wrote: »

The fact PPI is included may invalidate an agreement anyway if not stated correctly have a read here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

Hmmmmm. Very interesting!!!! Only read the first page(there's over 40:eek: ), but this really make it a whole new ball game!!!:D

Do you think they are deliberately omitting this section because of that very fact???

As it is omitted, I cant be sure, but I think it was just a tick box if you require ppi type thing. No signatures.

Tried cancelling it at a later stage, but was told that I couldn't.

Forgot to mention in earlier posts, but the card was taken out in 2000.

Thanks for this link BAAB, I really appreciate it. I owe you a:beer:

Cocker:)

linzi_pinzi

blind-as-a-bat wrote: »

It normaly happens automaticaly after the claiment (CL finance/howard cohen) have recieved your defence and they decided they wish to procede, you normaly get whats called an alocation questionaire and confirmation the case is being transfered to your local court at that stage.


Try not to worry too much, This lot use the court system to presure you into paying up, they have a history of pulling out at the last min or not turning up at court, but you still have to go through the motions im afraid, and ocasionaly they do follow through if they have a strong case, which is not very often to be honest, so you need to get a good idea how best to offer a good defence

thank u for ur help.....so will try an sleep 2nite...so i av 2 tell the court that i wish 2 defend then after that file me defence and then wait 2 c wat happens?...but i have 2 send cca request 2 cl fianace and cpr notice 2 the solicitors .x..x.x

Bazza66

Crikey,

1st Credit defaulted today (the 12+2 days) and I have nothing in the post - not really suprised.

But after reading the last few posts (I think I am going to have to read it all again in the morning when I am alot fresher) I get the sneaky feeling that I will get something from them eventually.

Sending my 12+2 days letter on monday just to remind them!

cocker100

Does anyone think a SAR would be worthwhile with this?

P.S. Trying to upload scans again!:o

cocker100

Well here it is:j

http://s647.photobucket.com/albums/uu192/cocker100

Hope it works!!!:o

Cocker:)