new to this need advice

[Mr lex]

Hi Nieve,

 

To support your claim that they do not hold a enforceable CCA, you might like to send this letter :-

 

Account In Dispute

Ref:

 

Dear Sir/Madam

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

......................... ..............

 

 

Print or type your name.

 

Hope this helps,

 

Lex

[nieve]

thanks castlebest, tried to phone court like u advised, yea they were closed for xmas. totted up my bank charges and will post another defence off tomorro.

 

what defence should i be quoting.

i was thinking

1 non complainance of cca even though its an overdraft?

2 not even sure if i received a default notice on this account? so asking for them to provide proof

3 question of the disputed amount reference bank charges? but can u give me any ideas to the wording of the defence??

 

thanks mr lex for the letter, much appreciated.

 

thanks aurdrey, do i actually have to contact the court or should marlin be doing that.

 

and we reference to the only liable for half the amount, i very much doubt it, because after 1 1/2 years fighting for half the debts to be in husbands name through the divorce, the outcome is no, because if he doesnt pay, which i know he wont, hes done a runner, coward, they fall back to me to pay, even if it was passed to him in the decree nisa.

 

shall be burning the midnight oil so to speak. look forward to any help??

[Audreygreeneyes]

I would inform the court with a copy of your payment, am not so sure that marlin will be in a huge hurry to do so..... also ti might be a good idea to get a hold of your credit file and see what it says incase there are things there that you can have removed.....

[nieve]

okey doke, still waiting for a letter from mortimer clarke sol (marlin) stateing its been paid. will phone and chase 2morro. like you said they're never in any hurry to do things for us eh!!

 

still awaiting paperwork in my name from the court for the other account, the one with the bank charges, my 28 days are up so i should be receiving something soon. hopefully ive defended it correctly, so whats the next step, a hearing in my home town??

[nieve]

hi ya. phoned the court today ref judgment on the joint account?? They told me judgment had been passed only in husbands name but not mine. but thats not to say that it wont be!! judgment for him i have returned back to the court, stateing his current address.

 

can anyone advise me on :-

 

What is the law on joint accounts, am i only liable for half??

 

and the account has been in dispute for bank charges since 2006 long before any court action,

 

thanks anyone

[Castlebest]

Most joint accounts are held "jointly or severally" which means you are both responsible for it together or individualy... in other words if your ex wont play ball the bank will come after you.

 

pete

[nieve]

thanks pete, thought so, so there next stage is comming after me.

 

cant believe them now though.. phoned on 2nd Jan asking for a letter confirming my payment. for the first ccj judgement of £6,000

 

This is what i got back.. ' we can confirm that your payment of £4,000 has been received and has been applied to the account and therefore has assisted in paying down the outstanding balance.

 

What the heck!! I have a letter dated 24th Nov confirming they will accept my offer, of £4,000 as full and final settlement on the above account outstanding balance.

 

I had a phone conversation with Chris on tue 23rd dec @ 9.05 am confirming the offer, and payment was made by bank transfer.

 

now this. will be phoneing them on Monday.

 

now with reference to the current ccj claim in the joint names.

With reference to claiming these bank charges, The list i have done: lists the charge value and the date + interest. done on the moneysaving expert.com template. totaling £2904 inc int. how do u work out what is fair? Will then try final settlement offer for this one.. depending!!

[Castlebest]

cant believe them now though.. phoned on 2nd Jan asking for a letter confirming my payment. for the first ccj judgement of £6,000

 

This is what i got back.. ' we can confirm that your payment of £4,000 has been received and has been applied to the account and therefore has assisted in paying down the outstanding balance.

 

What the heck!! I have a letter dated 24th Nov confirming they will accept my offer, of £4,000 as full and final settlement on the above account outstanding balance.

 

I had a phone conversation with Chris on tue 23rd dec @ 9.05 am confirming the offer, and payment was made by bank transfer.

 

now this. will be phoneing them on Monday.

 

Did you pay £4000 or £6000? or have they accepted a £4000 payment in full and final settlement of a £6000 balance?

 

Be careful on the phone you cant prove anything that is said. If you must phone get the name of the person you talk to and confirm everything agreed in a written letter and send it recorded delivery.

 

now with reference to the current ccj claim in the joint names.

With reference to claiming these bank charges, The list i have done: lists the charge value and the date + interest. done on the moneysaving expert.com template. totaling £2904 inc int. how do u work out what is fair? Will then try final settlement offer for this one.. depending!!

 

if all of the £2904 is charges and interest on those charges its all your money deducted from you unlawfully and you want it all back.

 

pete

[nieve]

thanks pete,

i paid £4,000 in full final settlement as per letter like i said i also confirmed it on the phone before paying.

 

any suggestions on a letter saying your claim for £4196.02 minus my bank charges claim £2900. Full and final settlement could be made for £1300.

 

what do u reckon??

[Audreygreeneyes]

nieve I am going to ask a really silly question here but was the court papererwork issued in one or both names?

 

am not sure about htis but if both are responsible then both names should be on the judgement? what did the court say have you asked this?

 

as for the difference between what they have written accepting and were claiming, my first thought would be a letter enclosing a copy of that letter and politely ask them to correct this error, as it is clearly an error and perhaps my issue might be better served by going through either the FSA or banking ombudsman or the OFT.... after all they have written telling you what they want to resolve the issue, once they got it , they did what they always do move the goal posts......

[nieve]

hi ya, yeah the ccj claim named me and the husband both as defendants, but the husband at my address. the judgment has been entered for husbands name in default and payment fortjwith. when i called the court, explaining this is not husbands address and what to do. she said send back judgment and they would notifiythe claimants but as yet no judgment in my name, but eh if their not going to get it from him they will be back to me, although i only acknowledged part of the debt, i did not put the amount disputed, her advice was to get intouch with claimant and ask what their intentions are?? i havent as yet. like i said the bank charges im disputing is £2900 the amount of claim is £4,000, i do have the money to pay the difference £1300 but thats all, wanting a little help to write letter with this offer.

 

i shall be writing a letter stating about the £4000 later, surley they cant screw me on this.

[johnnymitch]

Hi nieve,

I must admit to being a little confused here ....... (the guys & girls on this site will tell you it's nothing unusual! )

 

As I see it you have a letter confirming that they will accept £4000 as a full & final settlement - and you have paid this. In my opinion that is the end of that transaction, and that letter would surely stand up in court .

 

As Auburn(audrey) says, write them a letter asking them to confirm in writing that the terms of that transaction have been complied with, or you will make a formal complaint to FOS and OFT, that they have reneged on their offer.........

 

If and when they come back with the confirmation - then pursue your claim for the charges ! As I see it - you owe them nothing, you have discharged your debt as they asked - but they owe you £2900 ! ..........

[nieve]

Hi ya johnny yes its a bit confuseing.

2 accounts ; -

 

£6,000 credit card. thats the one they accepted 4k settlement. written letter tonite stateing what audrey suggested sounded good to me.

 

£4,000 current account, claiming bank charges £2,900, want to offer full and final settlement offer off the difference ??

[johnnymitch]

Hi ya johnny yes its a bit confuseing.

2 accounts ; -

Ah - that makes sense to me now......... I should have read the whole thread

 

£6,000 credit card. thats the one they accepted 4k settlement. written letter tonite stateing what audrey suggested sounded good to me.

Yep -go for it ..... ! make them admit it!

 

£4,000 current account, claiming bank charges £2,900, want to offer full and final settlement offer off the difference ??

 

It can't do any harm, but I reckon they'll hide behind the OFT test case and say the status of these charges has still not been decided ...... and that as far as they're concerned you owe £4000........

However , if they haven't come chasing you for this as yet, it may be as well to keep your head down and work on getting your bank charges claim to court stage , so that it's definitely 'in dispute' if they do come looking for it ...

Making them an offer they CAN refuse may just kick-start them into 'chase' mode ..........

[nieve]

surely i am down the court route, they have the ccj claim on me, its only that they havent as yet asked for judgment to be passed. ive acknowledged the amount but said it was in dispute sending copies of all letters.

 

only just read your post, i sent them a full and final settlement offer of £1,300 today.

 

i think 'chase mode' was a comming anyway

 

just been reading shotters thread, reads a wee bit like mine only for the ccj claim.

[nieve]

or do you mean, i have to take them down the court route for bank charges??

[johnnymitch]

That's right nieve - if you are counterclaiming for Bank Charges - they can't take the full whack from you ......

 

If your claim for Bank Charges is at the 'stayed in court' stage , like thousands of others, they can't pursue the amount they're looking for .... because your claim will block it...... until the OFT case is settled .

 

As I said , it may be worth a try asking them for a £1300 settlement, but I think they'll use te OFT case to refuse that ...

 

Also, if your claim is in court , it's earning 8% stautory interest - which is a good savings rate these days .........

[nieve]

i think i should phone the court again, asking the position of the claim against me : am i defending it right? am i counterclaiming? i know she said i acknowledged it, and was disputeing the amount.. but i did not put an amount in because i wasnt sure of the figure then. so im not sure if its been stayed or what, no papers have come through in my name.

 

yea i will phone 2moro.

[nieve]

and yea the interest is good, they have only asked for their 7.04.

[nieve]

hi ya, just a wee update. first day for the kids at nursery toady, ye ha!! could get makeing a few phone calls

 

phoned court. Apparently for claim in default for the ex hubby has been returned to the solicitors mortimer clarke.

 

their application for judgement on me. apparently is on hold,. as there has been no response from them to my defence, they applied claim form dated 31 oct, their 28 days are up.

 

so thats good news for me, isnt it?? just sent them my full & final settlement offer at the begining of the week, offering the difference owed and bank charges refund.

 

Back on the 28th Oct i wrote to them cca letter, copy original signed agreement t & c, charges cost, current balance and list of assignees. to date they have not replied..

 

any ideas?? I supose them not replying to the above will come in handy, if they reject my offer and ask for judgment.

[nieve]

so. at the mo, i am defending their claim, stating reason amount in dispute. it seems as if its on hold.

 

but im not actually taking them to court yet, At the mo. im pressing hsbc themselves under the hardship ruleing. Should i now tell the hsbc that the only way i think to progress is through the courts myself and do i do this electronically on line??

 

will need a bit of helf and advice. cheers

[nieve]

hi ya again. can anyone tell me who Phoenix Recoveries ltd is. this is the name on my ccj claim their solicitors are mortimer clarke and they are linked to marlin.

 

Now i want to put a court claim in myself, the named defendants Hsbc, But i just want to confirm phoenix, mortimer clarke solicitors and marlin, they are all linked to the hsbc, arnt they??

[Craftygirl42]

hi ya again. can anyone tell me who Phoenix Recoveries ltd is. this is the name on my ccj claim their solicitors are mortimer clarke and they are linked to marlin.

 

Now i want to put a court claim in myself, the named defendants Hsbc, But i just want to confirm phoenix, mortimer clarke solicitors and marlin, they are all linked to the hsbc, arnt they??

 

 

I dont think Pheonix, mortimer Clarke and Marlin are actually linked to HSBC. HSBC sold a load of accounts to Phoenix a while back and opened a huge can of worms for all of us who owed them money. Marlin are the company that Phoenix uses to service their accounts and Mortimer are the solicitors that are attached Marlin. Well thats how I see it as have had dealings with Marlin.

 

I will be watching your thread re your charges as we were also taken to court over an HSBC overdraft which is now stayed as no one bothered to respond to my defense.

 

Good luck

[nieve]

thanks craftygirl will take a look at your thread.

 

yea that sounds right.

So whats my position now. it means hsbc sold my account whilst it is in dispute. is this allowed??

[johnnymitch]

So whats my position now. it means hsbc sold my account whilst it is in dispute. is this allowed??

 

It's not allowed whilst the account is 'In Dispute' ....... you should write to the collectors and tell them that the debt they have for you is in dispute and has been since (date) ....so that they can send it back to HSBC .

 

Giving them the benefit of the doubt , they probably bought umpteen other accounts which were in the same boat .. if the owners of these accounts don't tell them they'll carry on with normal collection practice.

 

Don't forget to keep copes of your letters and send them 'Recorded Delivery ' - so there's no argument.