Natwest/mitchell Claimform - **£15k tomlin agreed** - now they say its £23k?

[steven4064]

Firstly, the letter about the stay is just standard bumph.

 

On the CCA side - complying with a request under s78 is not the same as providing an enforceable agreement.

 

To comply with s78 they can send anyting that contains the terms of the agreement - ideally the terms when the agreement is executed but also the latest ones. It does not have to be an exact copy and it doesn't have to have a signature- this is what is known as a 'true copy'. If they haven't provided a 'true copy' then they are in default with respect to s78.

 

However, if they have only sent you an application form without all of the prescibed terms, then thay have not snet a true copy. An application form which has the prescribed terms or just a copy of the T&Cs (provided it contains the prescribed terms) would constitute a true copy.

 

An enforceable agreement, on the other hand, is a document which has the prescribed terms and your signature.

 

They must provide this to take you to court, whether or not they comply with s78.

 

It probably is a good idea to CCA Morecroft - see what they come up with. Don't phone again, but write and tell them the account is in dipute because NW (or whoever) have not complied with s78 as they have not sent a 'tur copy' ie and agreement with the prescibed terms.

[lmrn37]

Thanks Steven

 

Will send that letter to Moorcroft tomorrow.

[lmrn37]

Hi all,

 

Got to do anther AQ this week for court. I wil just send a copy of the last one I did or along the same lines. They still haven't sent any cca. Infact haven't heard anything from them for over a month just from the courts stating they had been granted another stay.

 

If anyone has any suggestions of anything I can add to the AQ would be grateful.

[lmrn37]

Bump........anyone got any suggestions re AQ or just send what I sent before on a new AQ

 

Thanks

[lmrn37]

Had a letter this morning from yet another solicitor with regards the above. They are saying that we only have until the 14th to submit our proposals. Rang the court asked if I should request another stay as the other side have changed back to their original solicitors again. So going to write a letter to the court.

 

They also enclosed a copy of the credit agreement, which was faxed to them by the local branch (I thought all original agreements would be held in storage somewhere else). I am going to write and asked them to confirm that it is a true copy of the original that they have sent and ask if I can go to the local branch and view it. I think I know what the answer will be but one can try. If it is the original then I can see no problem with this as it would make negotiations move on.

 

Has anyone else got any suggestions or comments on the above please

 

Thanks

[steven4064]

I'm slightly lost now.

 

Are these solicitors asking for you to make proposals to settle whilst there is a court case pending? Is this effectively an attempt on their behalf to settle out of court?

 

Is the creit agreement they have sent enforceable - ie does it have the prescribd terms and your signature on it?

 

Did you send in the AQ?

[lmrn37]

Yes they are asking for my proposal to pay back the money.

 

The copy of the agreement has all the term etc

 

No AQ sent as yet

[lmrn37]

This is what there letter states:

 

WITHOUT PREJUDICE

 

Dear Sir

 

We write further to previous correspondence.

 

You will be aware that the court has stayed proceedings to XX/XX/XX to allow the parties to negotiate settlement, in accordance with the overiding objective of the Civil Procedure Rules. We must inform the court by XX/XX/XX of the outcome of settlement negotiations.

 

Please find enclosed documentation in relation to account number XXXXXXX, which account forms the vast majority of our clients claim.

 

We would at this preliminary stage in proceedings, seek your settlement proposals. Our clients claim current stands at £xx,XXX,XX ecluding the costs of dealing with your defence to date.

 

Our client would be prepared to negotiate their claim, in an attempt to avoid the substantial costs to both parties of preparing for a probable fast track or multi-track trail. We note that proceedings have yet to be allocated to track.

 

Like I said above they have enclosed a copy of a credit agreement.

 

 

[lmrn37]

Can someone also confirm for me what the Pre-Contract infomation is?

 

I really need help on this should I ask for another stay?

 

Thanks

[AndyOrch]

Pre-contract information

 

The Consumer Credit Act 1974 lays down rules requiring information to be given to borrowers or hirers before entry into a consumer credit or hire agreement.

For agreements entered into following face-to-face discussions, the relevant regulations are the Consumer Credit (Disclosure of Information) Regulations 2004 (the Regulations).

If the agreement was entered into at a distance, without face-to-face contact between the parties, the relevant regulations are the Financial Service (Distance Marketing) Regulations 2004 made by HM Treasury.

There are also rules under the Consumer Credit Act about the cancellation of a regulated agreement, and withdrawal from an agreement before it is made. Special rules apply in the case of agreements secured on land.

The Consumer Credit (Disclosure of Information) Regulations

These Regulations apply to all regulated consumer credit agreements and consumer hire agreements, apart from distance contracts and agreements secured on land.

The Regulations require specified information to be provided to the borrower before a regulated agreement is made. Essentially, this is the same information as is required in the credit agreement.

The information must be of equal prominence, and easily legible. It must be contained in a document headed 'Pre-contract information' which must be separate from the credit agreement. No other information may be included in addition.

The document must be available and accessible to the borrower, so that he can take it away if he wishes. This is so that he can use it to compare credit offers.

If the above requirements are not met, the lender can only enforce any agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

 

 

In other words Imrn did you sign it on their premises?

 

Regards

 

Andy

[lmrn37]

Hi Andy

 

yes I did I think. Was in a rush as only went in to make a deposit and they jumped on me (so to speak).

 

I had only taken a loan out with them in march and then went in in june.

[AndyOrch]

The information must be of equal prominence, and easily legible. It must be contained in a document headed 'Pre-contract information' which must be separate from the credit agreement. No other information may be included in addition.

Edited September 9, 2009 by Andyorch
addition

[lmrn37]

So what they have is enforceable?

[AndyOrch]

I am afraid so.Never seen a Rats with that heading on though.

 

Andy

[lmrn37]

So should I now negotiate with them re paying back.

 

i do have a problem over the default notices, they have been recreated with no signature on them. i was told on here some time ago that they would argue that the originals were sent to me. i never received the default notices from them.

[lmrn37]

Should I email them with a proposal of 100 per month to repay?

[AndyOrch]

Not knowing the full case details its difficuilt to advise.Is there any unfair charges involved miss sold PPI? Have they followed the right protocol in instigating litigation? Only you know why you defended and the facts.

 

But the above agreement is enforcable.

 

Regards

 

Andy

[AndyOrch]

Who are the Sols not Mitchell I hope?

[42man]

I think you should reduce the amount of PPI + 8% compounded interest and what you have paid already, state that you believe it is missold, and make them an offer of whatever you can afford.....if the PPI has been missold for any reason it could bring the whole agreement into question possibly...

[AndyOrch]

Along with what Bill states was the PPI forced on you?

 

Just trying to get an angle on this

 

 

Andy

[lmrn37]

Yes they are mitchells

[lmrn37]

I remember the lay saying that I wouldnt get the loan if I didnt take out the PPI along with it

[AndyOrch]

Yes they are mitchells

 

 

Manchester?

[AndyOrch]

Have you submitted a Defence if so can you post it again?

 

 

Regards

 

Andy

[lmrn37]

yes Andy Manchester... Why?