Help Taking Dca To Court For Cca Not Signed

[nathal]

I reeceived my agreement after 3.5 months from dca.

 

However, it was not signed by barclaycard.

I want to take them to court to remove default etc, but i really don,t know where to start.

 

Particulars of claim etc??

[nathal]

Are these any good?

 

1. The defendant claims that the Claimant has an account (ref: 000000) which relates to a credit card which was opened 13/06/2002. 2. The defendant has entered a default marker dated 19/06/2002 on the files of the credit reference agencies. A copy of the relevant credit file is attached to these particulars of claim. 3. The claimant made a request on 14/08/2006 for a copy of any agreement. Under the terms of the CCA1974 the creditor commits a criminal offence if this is not supplied within the given time. It was delivered 24/11/2006 Almost 2 months later. Claimant believes defendant has committed an offence. 4. On inspection of the agreement, it had not been signed by the creditor. 5. Despite the agreement being unenforceable under the consumer credit act, the defendant continues to pursue this debt, despite being made aware of this by claimant.

5. The claimant contends that: (a) This agreement, is not properly executed and so unenforceable under the consumer credit act. (b) By disclosing personal information to third parties, the defendant has breached the Data Protection Act 1998.© The processing of the claimant's personal data in this manner has caused substantial distress and embarrassment for the claimant. 5. Accordingly the claimant claims: (a) Destruction of this data and removal of any reference to this alleged account from credit reference agencies including Equifax, Experian and CallCredit. (b) Damages for the substantial distress and embarrassment caused by the unwarranted processing of the claimant's personal data. ©No further correspondence from defendant, with regard to the alleged account.© Court costs.

[lookinforinfo]

I'd just make the one point, Nathal.

To cover the possibility that there is a jointly signed copy of the agreement

in existence, I would be inclined to add that as the CCA was not complied

with time wise, it will require an order from the Court to reinstate the

contract.

[nathal]

Is this ok? BOLD TEXT, AMENDMENTS..

1. The defendant claims that the Claimant has an account (ref: 000000) which relates to a credit card which was opened 13/06/2002. 2. The defendant has entered a default marker dated 19/06/2002 on the files of the credit reference agencies. A copy of the relevant credit file is attached to these particulars of claim. 3. The claimant made a request on 14/08/2006 for a copy of any agreement. Under the terms of the CCA1974 the creditor commits a criminal offence if this is not supplied within the given time. It was delivered 24/11/2006 Almost 2 months later. Claimant believes defendant has committed an offence. 4. As the defendant defaulted on his obligation to supply within the time, the agreement is currently unenforceable and only the court can decide whether to enforce the agreement.5. On inspection of the agreement, it had not been signed by the creditor. 6. Despite the agreement being unenforceable under the consumer credit act, the defendant continues to pursue this debt, despite being made aware of this by claimant.

6. The claimant contends that: (a) This agreement, is not properly executed and so unenforceable under the consumer credit act. (b) By disclosing personal information to third parties, the defendant has breached the Data Protection Act 1998.© The processing of the claimant's personal data in this manner has caused substantial distress and embarrassment for the claimant. 5. Accordingly the claimant claims: (a) Destruction of this data and removal of any reference to this alleged account from credit reference agencies including Equifax, Experian and CallCredit. (b) Damages for the substantial distress and embarrassment caused by the unwarranted processing of the claimant's personal data. ©No further correspondence from defendant, with regard to the alleged account.© Court costs.

[lookinforinfo]

Up to you obviously Nathal, but the alternative below spells it out for the

Judge. Though personally I would be inclined to tackle the CRAs first before

the Court since you may get a quicker result for the price of a stamp. Plus

it shows to the Court that you really have tried all the options before taking legal action.

 

4. As the defendant defaulted on his obligation to supply within the time, the agreement is currently unenforceable and only the court can decide whether to enforce the agreement.S.65 [1] 5. On inspection of the agreement, it had not been signed by the creditor making it unenforceable except by direction of the Court S.78 [6]. 6. Despite the agreement being unenforceable under two sections of the Consumer Credit Act, the defendant continues to pursue this debt, despite being made aware of the contraventions by claimant.

[nathal]

I am not very good at putting these things into words, but indeed that is a lot better, thanks.

 

Now in regard to cra's, basically just tell them the same thing, unenforceable agreement, unsigned properly executed, data protection etc.

Remove or i will sue? etc...

[lookinforinfo]

You don't need to compose a literary work of art. All you need to do is write

to them exactly as you do on this forum. We understand what you want and what you are writing, so they will too.

Before you start, work out what it is you want to achieve eg a default

removed, and then write to them asking them to do it because........

Personally, I wouldn't threaten them on your first letter with legal action,

since that can get their backs up and they may dig their heels in and not

try to help or explain their reasons for not removing it if that is the decision they come to. Others will disagree

and say steam in from the start.

If you want some ideas on what to say and how to say it, take a look at

Uniboy v Experian in Legalities section as he has almost completed what you are just starting. I am sure he would have no objection to you lifting some

of his correspondence with Experian. Have a read of it and if you like what he

says, and you don't feel you can better it, send him a pm and ask if he'd mind

you using it.

[nathal]

Hi, thanks very much. Your help is very much appreciated.

[nathal]

Hey,

I have had a good read through the thread, as you suggested. But maybe, not sur though, he doesn't seem to be having any much success.

 

The cra's dca's etc, only seem to respond to court action. They seem to just have their own methods and opinions and just stick with it.

Do you know of anyone who has had success in this matter?

[lookinforinfo]

I suggested you read the thread to give you an idea of what to say in your letter. Bear in mind too, that some things are easier to achieve than others.

 

Unfortunately, CRAs seem to think they have more powers than they actually have. And as such they are difficult to deal with at times. However I think

Uniboy is going about it in the right way and by the time he has finished, I believe he may well get most of what he is aiming for.

And one of the reasons I suggested his thread to you was that he has always

managed to keep up a dialogue with the CRA. This at the very least gives him and indeed the rest of us, the thinking behind their actions and thus a

clearer ides of how to tackle them in the future. Don't be too hasty with

threats of going to Court, they are best used as a last resort and lose their

effectiveness when used all the time, as many of us know who have been on the end of such threats..

 

If you want to see a thread that already has a successful outcome, go to

legalities section and look at "Default Hell". It is a long thread but there are

even template letters in there that you can use to deal with CRAs-there is

a lot to read so you may want to write down the post number of the ones

that will be of most help to you.

[nathal]

Again thanks very much. Sometimes its very frustrating..

[angry cat]

nathal, why are you steaming ahead, rushing to take Court Action?

 

IMHO, it would be more prudent to make your formal Complaint re: 'The Offence' to Trading Standards, who as you know are the consumer arm of the OFT. If you choose to report the alleged offence to TS and they investigate and or prosecute, that action will not preclude you from taking a civil action yourself.

 

Any Judge will take into account, that because you contacted TS and thereby reported the Offence to the correct Regulatory body, that action would clearly show your attempt of covering every avenue, prior to taking the matter to the Court. (do a google on Court Protocol)

 

Love AC

[nathal]

In case 1: 1st credit, they committed an offence, by supplying agreement late. Reported to ts. Then agreement turned up but was not signed by creditor.

All trading standars said, by the time you take them to court it will be signed, and you have basically no chance.

 

In case 2: Cabot financial, failed to supply agreement. Reported to tradoing standards. Now 4 months since original letter.

Trading standards cannot decide among themselves if an offence has actually been committed.

 

Have wrote to both companies stating position of both, unenforceable and want default removed.

Ist credit are still pursuing debt, and both are refusing to remove default.

 

So in my opinion trading standards are a waste of time...

[lookinforinfo]

And yet, another Trading Standards office warned off Aktiv for pursuing a

debt that was statute barred, and may well be taking further action against them. So it may be that it depends on the attitude/ability of an individual

branch as to the effectiveness of approaching them.

[nathal]

I honestly have no faith in trading standards.

 

SO where do i go from here??

[lookinforinfo]

Just work out what it is you want them to do, then write and explain to them why they should.

[nathal]

Just had a thought: if the agreement is unenforceable, surely too, is any rights they had under the agreement? (inc processing of data)

[lookinforinfo]

That is why I suggested you deal with the removal by going to the CRAs first.

[angry cat]

I honestly have no faith in trading standards.

 

SO where do i go from here??

 

Nathal, I do not disagree with your lack of faith! However, I am of the opinion that any Judge will possibly look more favourably on you, if you have followed all avenues possible, prior to taking the matter to Court.

 

If I were you, then I would Complain again to TS and put pressure on them to escalate your Complaints to a higher level. Also write to the CRA's escalation department letters of Complaint stating that you are in Dispute with their Clients. Demand that the CRA's put a Notice of Dispute in relation to the offenders but do not agree to add a 200 word Notice of Correction

 

You will still be able to take the matters to Court.

 

I am in a similar position to you and I do understand your frustration. Personally, I am adopting a "Softly, Softly, Catchee Monkey method.

 

Love AC