Restons/First Direct/HSBC court threat

[mw45uk]

Hi there

 

had this letter from pestons solicitors which is a second account of First Direct Bank now taken over by HSBC.

 

The first account was sent to county court by them but with help from good people here I put a defence in and they did not answer the CPR 31.14 letter

and county court say defence sent to them and it could be stayed?

 

now they are after this second accout 4-5 years since anything to do with this.

 

[ATTACH=CONFIG]45796[/ATTACH]

 

any help with this would be great,

Thanks mw

[Desperate Daniella]

Hi there,

 

I can't help on this one as I have no experience of First Direct/HSBC but I think you should change the thread title to include the banks' names as you'll attract more people to the thread by doing that.

 

If you hit the triangle one of the site team will be able to do it for you.

 

DD

[mw45uk]

Ok thanks DD you helped with my CCJ with these on my other thread many thanks

[dx100uk]

PDF attachments please

 

dx

[mw45uk]

PDF attachments please

 

dx

 

Ok I'll convert it tomorrow but it says on the lines of pay up by the 21/08/2013 or they have been instructed to take it to county court or we can come to some arrangement with payments,

thanks mw

[dx100uk]

what does your cra file say about this one?

 

dx

[mw45uk]

Hi there cra file says Marlin Financial default? Do I send a cca to them?

Thans mw

[dx100uk]

yep cca marlin

 

dx

[citizenB]

If you could convert to pdf, the letter in your first post, that would be great !

[mw45uk]

Ok I will try now I'm struggling to do that at the moment?

 

mw

[mw45uk]

[ATTACH=CONFIG]45951[/ATTACH]

 

tried to scan this in pdf can you tell me if this has worked?

 

mw

[Old Cogger]

Yep

[dx100uk]

discount letter!!

 

 

dx

[mw45uk]

they sent my other account to county court thought they might do the same for this?

 

mw

[dx100uk]

if they are offering a discount

 

means PENALTY charges or PPI to reclaim I bet

 

dx

[mw45uk]

ok cca ready do I send a £1 postal order with the cca and what name do I put on it

Thanks

 

mw

[dx100uk]

leave the PO Blank

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

 

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

[mw45uk]

that's brill dx thanks very much for your help very much appreciated, I will post if I get any reply from these or 15 day after posting?

 

mw

[mw45uk]

Hi there got a reply from Restons Solicitors regarding cca sent a week ago it says

 

" please find enclosed a draft letter which purports to come from you but which is unsigned.

 

We must ensure we are corresponding to the correct person and that anyone requesting information is entailed to receive it please ensure all documentation is is signed..... ?

 

I was told not to sign the cca is this correct if so what do I do about this letter?

 

Thanks mw

[dx100uk]

oh yea why do they want you sig?

 

to copy it to a recon

 

no way hosay.

 

Select committee on Trade and Industry minutes of evidence (1996 Legislative working party)

 

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited.

That decision established that:

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

 

Now although this working party was looking into the Electronics Commerce Bill it points to . .

Goodman v J Eban Ltd (1954)

 

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

 

So now taking the highlights above I go to:

Interpretations act 1978

Schedule 1

1973 c.37.

 

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

 

Also;

[/i][/b]

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

dx

[mw45uk]

Sorry for being a bit dim dx what am sending back to restons ?

Thanks mw

[dx100uk]

the cca there is no legal requirement for a sig on a CCA request

 

and they know it.

 

dx

[mw45uk]

K dx thanks. What should my next step be do I send it back to them stating that no sig is required ?

Thanks mw

[dx100uk]

how would they even know what tour sig looked like anyhow

 

I think they are chancing their arm as they already have you in the court process

 

lets see if we can pin another one on you.

 

yes sent it back poss with a copy of the info I posted.

 

dx

[mw45uk]

Thanks dx I was think along those lines as they did not reply to the CPR on the court case and it is stayed at the moment. I'll return it and see what happens and post back?

Thanks mw