gill5blue
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Hi, Any feedback from the forms I uploaded? see post No 49 The first 2 pages are the copy of the application form. (it was signed by my husband but I have removed the sig for identification reasons) The next 4 are terms and conditions we received in 2005. The rest are terms and conditions we received in 2009 in response to CCA request. I have until the 26th Feb to put in our defence, but need to post by 24th. What arguments can I use to make this an unenforceable agreement? Thanks for any feedback received in advance. Gill
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have I done it right? yes, I can see them now. Hi dx, The original application form was signed by my husband, but I have erased that along with other identifying info. Below are the terms and conditions we received in 2005 -Hopefully they can help in my defence, but 1st credit have not sent me a copy of these, they have only sent me copies dated 2009, stating they are the terms and conditions that were sent to me in 2004. We don't remember receiving these in 2004 (the 2009 copies), we are pretty sure we didn't. But they are what 1st credit said we did get.
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Hi I have had a response from 1st Credit re CPR 31.14 'they refer me to documents attached to the summary judgement application which was heard on 05/02/2014. They say I have all the documentation within their control and possession and they have complied in their duty under part 31. There is nothing further to disclose.' At the summary judgement they had a copy of the application form, terms and conditions when the application was filled out and current terms and conditions, they also had a copy of every letter I sent and every letter I received. What do I do now? Cheers for any help in advance xx Gill
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Claiming PPI from various sources
gill5blue replied to gill5blue's topic in Payment Protection Insurance (PPI)
Hi dx, No I won't use a company lol, I will use CAG of course. I have a lot on my plate at the moment, but where I can I will investigate, and post up any details. I know I will get good advice from here. xxxxxx Gill -
Hi, I have been frequently told by my neighbour to reclaim PPI-he used a reclaim company. I always replied that we never took out PPI on any loans that we had, except one and that proved to me we didn't need it. The one time we did take it out was about 25 years ago, I think it was one of our first loans, my reasoning for not taking out PPI was 'my husband is a lorry driver and if he lost his job he could always get work from an agency so will never be out of work to claim for PPI'. So now I will investigate as many loans as I can remember to check if PPI has been added. Cheers Gill
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Hi, posted letters, recorded delivery, is there anything else I should be doing while I wait for response? Thanks for your help Gill
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Hi dx, quick questions , do I have to pay £1.00 with the CCA request to 1st credit Can I include CCA and CPR requests in same envelope to 1st credit? Thanks in advance Gill
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Hi 1st credit did not reply to the letter, but sent 'bankruptcy letter' instead. Would it be safer to send 1st credit and moon beever the letter, and have you got a link to the cpr letter in the library, found it I did look and it said to check for the current letter to send Thankyou very much for your help tonight xx Gill
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I can send s CCA request to 1st credit. I don't think I have done a CPR, I can sort this out tonight and get in post 1st thing tomorrow. Do you have a link to the CPR letter please?, found it I don't know where to send the CPR to-would it be 1st Credit? ,on the court papers it was moon beever, then it got changed(I was notified) to 1st credit. Thank you for helping, it is much appreciated xx Gill
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last CCA to 1st credit was 23.08.2013 Gill
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Hi, I sent a CCA on the 13.03.2009, 25.05.2009, 04.08.2009, 18.10.2009, 30.03.2010, 11.05.2010 05.07.2010, 29.11.2010, 26.02.2012, 23.08.2013, 29.01.2014 to the various collection agencies as well as original creditor. Now I will check the cpr Gill
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Hi Ford, That will take some reading, i'll let you know tomorrow after I have waded through it. Gill
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Hi Ford, they didn't reconstruct the agreement. I think the default notice was compliant. What are the common mistakes with defaults? Gill
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Hi, Ive got visitors turning up soon and won't be able to respond until later tonight-I won't be ignoring you Gill
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Hi citizen, There is a signed application form/agreement, but I thought it was unenforceable. I have the original white copy they gave to my husband in 2004. They have always sent a photocopy/or scanned copy, of their copy which is what my husband signed, whenever a letter was sent to them Gill
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Hi, Here is my defence. I disputed this claim because there is no regulated credit agreement between us. I requested a copy of the true agreement under the 'consumer credit act 1974(sections 77-79). this was requested in march 2009. I have not received it yet. I have repeatedly requested this for 5 1/2 years with no proper response, but I have been harassed by them ie.numerous letters from numerous debt collecting agencies requesting money or stating they will send a rep to my house, although no-one turned up. I have been contacted by the following debt collection agencies/solicitors Retail bank collections albon collections ltd apex credit management ltd wescott credit services ltd horwich farrelly solicitors iquor recovery services ltd Connaught collections 1st credit walker morris and none of them can supply me with a regulated credit agreement HTH Gill
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Hi, Thanks citizenB, disappointing about SB, as all my other c/cards have now gone past this date. Referring back to the court, should they have bought the original agreement with them? Regards Gill
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Hi, To explain the dates further 03.09.2014 courts letter acknowledging defence recieved 24.09.2014 Received letter from court 'notice of proposed allocation to the fast track' 01.10.2014 received letter from 1st credit serving directions questionnaire and they are preparing for summary judgement. 09.10.2014 received application notice for summary judgement. 27.10.2014 letter from court transferring to a local court. 03.11.2014 notice from court-hearing to be 05.02.2015. 05.02.2015 judge said we have 3 weeks to put in a more comprehensive defence(I think that is what she meant) Hope that clarifies the dates Gill
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In order for us to help you we require the following information:- Claimant 1st credit Date of issue – What is the claim for – The claimant claims the sum of £13k for debt and interest. On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999. On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k the debt was assigned to 1st credit for the sum of £12k. Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and claimant claims 1. the sum of 1£2k 2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8% per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment. What is the value of the claim? £13k Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? i believed they have an unenforcable credit agreement What was the date of your last payment?31.03.2009 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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Hi, We went to court today and the Judge stated that our defence was incomplete. We had to pay court costs!! We have 21 days to complete a proper defence. 26/02/15 Then 1st credit have 2 weeks to reply. 12/03/15 Then a new court date for a summary judgement (for 1 hour) will be booked. Date last paid account 31/03/2009. Would 1st April 2015 be statue barred date? Could some help with defence? Gill
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Hi, Court tomorrow for a summary judgement Ill let you know what happens
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Hi, I have sent a defence to the court, sent 31/08/14 I have now received a letter from 1st Credit, stating We are obliged to file and serve our directions questionnaire which in enclosed by way of service upon you. We also enclose our proposed draft directions. You are obliged to confirm if you agree to the enclosed. If you do not you should make your own proposals and we will consider before filing the draft directions at court. My questions are: am I obliged to do what they say? what would my own proposals be? I don't understand what I'm supposed to do
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Hi Brigadier, Thankyou for your response. Do you know if the default would be on my credit file if it was on my husbands credit file? Cheers Gill5blue
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Hi Brigadier, Thankyou for responding, it is not on my credit file, I cant check my husbands at the moment. Would it be on mine if it was on my husbands? The CCA request did not produce a valid agreement. you can see it on post No 4 above. Cheers Gill5blue
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Hi All, long time no chat, My husband has now received a county court claim form for the AA credit card. The claim form is from 1st credit and Moon Beever. I sent them the 'CCa request' in March 2009 I sent them the 'no acknowledgement letter' in April 2009 I have received many letters from different solicitors and debt collection agencies over the years, but I have never acknowledged the debt(meaning my husband). I have a couple questions if somebody could answer please 1) I dealt a lot with credit cards and no proper credit agreement in 2008/2009, has there been any changes regarding the law since then. 2) would my defence to the court claim be 'no acknowledgement'? Hope to hear from somebody soon Cheers Gill5blue
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