Cca Requests Updates Please

10past6

linzi_pinzi wrote: »

well i am confused .x.x.x.

I treble read the members post, and after all that I kinda think I'm confused.

kel123_2

Linzi

Have you completed the acknowledgment of service and that you intend to defend the whole ammount. On what date? You then have 28 days to enter you defence (it is actually 33 days but work on 28 to be on the safe side).

Your defence has to be in a spasific format. Here is an example

In the Northampton (CCBC) County Court

Claim number XXXXXXX

Between Lloyds TSB Bank – Claimant and XXXXXXXX- Defendant

Preface to Defence (relevant in this case)

On 29th February 2008 the defendant sent a Subject Access Request to Lloyds TSB Bank.

After correspondence and outside of the time scales as by virtue of the Consumer Credit Act 1974(as amended) Lloyds TSB Bank sent a partly completed application form, as their Consumer Credit Agreement for this account
.
The defendant wrote to Lloyds TSB Bank and they issued a complaint reference number.

Every 28 days they sent a still investigating letter (total of 3).

The defendant has never received a full and final response.

The defendant then instructed his Debt Management Plan, provider to stop paying on this account until the correct paperwork was received.

Defence

1. I, XXXXX of XXXXXX, being a litigant in person, make this statement as my defence to the claim brought by Sechairi Clark and Mitchell acting for Lloyds TSB Bank

2. The claimant’s particulars of claim are vague, they appear to be an abuse of the court process and the overriding objectives of the Civil Procedure Rules in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

3. No documents supporting the claim in the particulars have been offered, the defendant needs to establish what agreement it is that this action is based upon. The Defendant can only assume that the cause of action is related to a credit card agreement, which is regulated by virtue of the Consumer Credit Act 1974(as amended).

4. The defendant would bring to the court’s attention the fact that on the 29th February 2008, the defendant under the Consumer Credit Act 1974 (as amended) submitted a Subject Access Request to Lloyds TSB Bank seeking to clarify details of this agreement. Lloyds TSB Bank supplied a partially completed application form. This document did not meet the requirements of the Consumer Credit Act 1974 (as amended) in that it did not meet the provisions of Section 61 of the aforementioned act.

4.a. Within the terms and conditions that Lloyds TSB Bank sent, it says; “Credit Agreement Regulated by the Consumer Credit Act 1974. If your application is accepted by our signature and we send you a card, then this will form the agreement between you the principle cardholder and us Lloyds TSB Bank (card services)”. This document was not signed by Lloyds TSB Bank, therefore making it an application form by not meeting said Terms and Conditions.

4.b. With reference to 4.a. Section 61(1)(a) of the consumer Credit Act 1974, Signing of Agreements – A regulated agreement is not properly executed unless – a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.

Therefore the document supplied by the claimant is not properly executed within the definition of Section 60(1) of the Consumer Credit Act(1974) as amended and is only enforceable by an order of the court

5. In order to rectify Lloyds TSB Banks mistake the defendant wrote to them and they issued a complaint reference number and sent a total of 3, ‘we are still investigating letters’ one every 28 days. They have never sent a full & final response as previously stated in this defence by the defendant

6. Having received the claim via Northampton County Court the defendant wrote to Sechairi Clark and Mitchell, representing Lloyds TSB Bank, requesting further information under CPR (letter attached) and they have written back (letter attached) implying that they will only do so under the courts direction. This refusal as:

6.a. seriously disadvantaged the ability of the defendant to put forward a complete and undisputable defence. Also with reference to 3. 4. 4.a. 4.b & 5.

6.b. eliminated the possibility of mediation were a ‘new/revised’ consumer Credit Agreement be found (that is; re-entering this account into the defendants Debt Management Plan)

7. Further to the above paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed to plead and have to defend theses proceedings.

8. Because this case rests solely on the production of a copy of the defendants true original and fully executed Consumer Credit Agreement. The defendant requests the court makes an order to stay proceedings and instruct the claimants to provide the defendant and the court with all documents and information requested in full and that failure to do so within an allotted time the defendant requests that the court strike out the claim.

9. If a ‘new/revised’ Consumer Credit Agreement were to be found at this late stage, the defendant requests that that the court make sure that item 1 (and it’s sub sections) of the request for information be fully complied with.

10. The defendant respectfully seeks the court’s permission upon clarification of the claimant’s case and disclosure of the necessary documents to amend this defence or enter mediation as necessary.


11. The following are a list of exhibits enclosed with this defence

a) Reason for Original request
b) Time Line
c) Original request (29th February 2008)
d) 30 day letter (26th March 2008)
e) Application form complain (10th April 2008)
f) 12 working days + 1 calendar month letter (21st April 2008)
g) Still investigating letters from Lloyds TSB Bank (19th April 2008, 9th May 2008, 4th June 2008)
h) Information request to Sechiari Clark and Mitchell (8th January 2009)
i) Information response from Sechiari Clark and Mitchell (dated 13th January 2009)



Statement of Truth


I XXXXXXXX, believe the above statement to be true and factual to the best of my knowledge


signed

I am no expert and I suggest that you seek further help from iether the:

Consumeractiongroup

or

Consumercreditsupport

view

Hi

Just checking if anyone can confirm this is definitely correct?

I am looking for the official legal exact reasons a CCA is enforceable.

Can anyone confirm for definate? Pebbles88 kindly sent me the link (see my original post), however, we're both not sure if it is legally correct?

Thank you!
GJ x

GoldenJill wrote: »

Many thanks Pebbles88 xxx

Is this information definitely correct? I have read elsewhere contradictory info!

GeorgeUK

Weller's post is correct for agreements signed before 6th April 2007. For the exact legislation, see schedule 1 on page 12.
http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1407&d=1193875465

nova

Sorry to but in here! linzi pinzi has had the same as us with cohens, they seem to send a letter saying we already have a ccj before it goes to court, which throws people into complete confusion,apparently on my research they are renown for acting underhandly, we have just had our case struck out as they didnt send in their AQ, l think they just send out court claims willy nilly when they recieve the debt, without anybody being able to come to any sort of arrangement with them.We have been advised to complain about them.
l have another 2 claims from them and its giving me sleepless nights.

Icanandwillsavemoney

Icanandwillsavemoney wrote: »

I hope someone can help me.

I sent off a CCA request with £1 although I am not entirely sure what I should have received back. I keep reading about prescribed terms?

I would post a copy but the writing is so small, I have had to use a magnifying glass to read it!!! Not the best copy.

The covering letter states that they have sent me a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you enetered into the agreement. However, the interest rates have been omitted and the fees and charges have been suspended and no longer applicable due to the current status of your account. (My account is in recovery - payment plan with nterest frozen but I have stopped payments from Dec as I just can't afford it anymore).

They have sent me a statement of account but the documents say they are notice of arrears (3 pages with very little on) and a copy of the account conditions. It does state 'this is a copy of your agreement for you to keep. It includes a notice about cancellation rights which you should read.'

Looking over it has the following:

• These are a copy of the terms and conditions of an agreement between us (Barclays Bank Plc) and you (the person who signed this agreement) - This is just a photocopy of what looks like a leaflet. There is no signature.
• It states standard balance APR's for 3 different tyes of accounts.
• The charges are £20 for a returned DD etc I took this card out approx 2001/2002

There is no where to sign it if it is an agreement but there is a cancellation box.

Finally, the covering letter states This completes our obligation to you under section 78 of the Consumer Credit Act 1974.

What should I be looking for?

I have sent off a Subject Access Request today and it detailed that I want a true copy of the original executed agreement. Is there anything else I should be doing?

Thank you in advance for any help and advice you may be able to give.

Hi

Just bumping this in case someone can help me.

Thanks.

rog2

nova wrote: »

Sorry to but in here! linzi pinzi has had the same as us with cohens, they seem to send a letter saying we already have a ccj before it goes to court, which throws people into complete confusion,apparently on my research they are renown for acting underhandly, we have just had our case struck out as they didnt send in their AQ, l think they just send out court claims willy nilly when they recieve the debt, without anybody being able to come to any sort of arrangement with them.We have been advised to complain about them.
l have another 2 claims from them and its giving me sleepless nights.

Cohens, by telling 'debtors' that they already have a ccj (prior to even taking the matter to Court) are certainly acting in contravention of the OFT Debt Collection Guidelines:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I wouldn't be at all surprised if such a 'practise' is even illegal, but I would certainly report such practises to the OFT in the first case.

rog2

Icanandwillsavemoney wrote: »

Hi

Just bumping this in case someone can help me.

Thanks.

From what you say, this sounds like a copy of the current agreement and terms and conditions, and, in my opinion, probably does NOT constitute a true copy of the original executed consumer credit agreement.
However, without actually seeing the document, it is difficult to say with total conviction - perhaps you could take it to a debt adviser at your local CAB, or ring National Debtline on 0808 808 4000, for some professional advice.

I will look for, and post, the link to what a cca must contain - bear with me.

10past6

nova wrote: »

they seem to send a letter saying we already have a ccj before it goes to court, which throws people into complete confusion,

The way it works, if a debtor ADMITS the claim, then goes on to make a monthly offer, if that offer is refused, then the claimant wins by default, thus resulting in the debtor receiving a CCJ.

At that stage, it's then the debtor applies for a redetermination hearing, which should be transfered to your local court.

rog2

rog2 wrote: »

I will look for, and post, the link to what a cca must contain - bear with me.

Sorry for the delay - I think that the following post may be most applicable:

http://forums.moneysavingexpert.com/showthread.html?p=7869437