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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum using THIS FORM.

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

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    If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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  • Reconstituted cca

    Hi just wondering if anyone can help me.
    I have recieved a reconstituted CCA from the DCA that are trying to get a ccj against me.
    The problems are
    1. They have not informed me that it is reconstituted.
    2.The document is made up from what appears to be three different documents with dates that do not correspond to the time I aquired my credit card, one date is the year before and the other date is 6 years later lol. There are also discrepencies with information on the documents.
    3. The bank sent me a reconstituted agreement and told me that it was reconstituted.
    Would this document be accepted in a court of law or would the Judge be able to see that they are trying to fool me into thinking that it is a true legal document?
    Tags: None

  • #2
    Re: Reconstituted cca

    Can you update us on how things have gone so far?

    Comment


    • #3
      Re: Reconstituted cca

      Hi I have had no further contact with the DCA (LInk Asset No5) or their solicitor.
      I sent a CPR 31.14 letter to the solicitors on 13th Feb, had an initial letter saying that they needed time to get me what I am asking for,
      to date no further communiction.
      Sent CCA to Link and to the bank (credit card debt). The bank sent a reconstituted agreement, stating it was reconstituted. Link sent me an agreement made up from at least two possibly three different agreements, they did not say in their covering letter that it was reconstituted. In a previous letter Link stated they would be getting the agreement from the bank.
      I put my defence in on the 3rd of March and have had a letter back from the court aknowledging this, I have had nothing else from Link.
      Do I write to Link and reject their agreement and do I also write to their solicitor asking what has happened to the CPR31.14 information.
      I think a directions questionaire is due on the 5th of April.

      Comment


      • #4
        Re: Reconstituted cca

        Originally posted by jojocookie View Post
        Hi just wondering if anyone can help me.
        I have recieved a reconstituted CCA from the DCA that are trying to get a ccj against me.
        The problems are
        1. They have not informed me that it is reconstituted.
        2.The document is made up from what appears to be three different documents with dates that do not correspond to the time I aquired my credit card, one date is the year before and the other date is 6 years later lol. There are also discrepencies with information on the documents.
        3. The bank sent me a reconstituted agreement and told me that it was reconstituted.
        Would this document be accepted in a court of law or would the Judge be able to see that they are trying to fool me into thinking that it is a true legal document?
        For Clarification

        A Reconstituted agreement must have the following items to comply with a sect. 77/78/79 Request under CCA 1974.

        1. Your name and address as it was at the time the account was opened.

        2. As above for the creditor.

        3. The terms and conditions relevant when the account was opened.

        4. Those T's and C's relevant when the account was closed.

        5. Any other documents mentioned in those T's & C's e.g. most credit card providers enclose a booklet containing the full T's & C's when a card is issue.

        It would be advisable to check whatever you have received in the way of T's and C's to see if all parts are complete ( no gaps in the numbered T's & C's.

        If you can post what you have received it would be useful! Any problems in posting please ask [MENTION=49370]Kati[/MENTION] I'm sure she will be able to assist.

        nem
        The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
        Please make your own decisions with care and if necessary seek qualified legal advice.
        I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




        Comment


        • #5
          Re: Reconstituted cca

          Originally posted by jojocookie View Post
          had no further contact with the DCA (LInk Asset No5) or their solicitor.
          I sent a CPR 31.14 letter to the solicitors on 13th Feb, had an initial letter saying that they needed time to get me what I am asking for,
          to date no further communiction.
          Sent CCA to Link and to the bank (credit card debt). The bank sent a reconstituted agreement, stating it was reconstituted. Link sent me an agreement made up from at least two possibly three different agreements, they did not say in their covering letter that it was reconstituted. In a previous letter Link stated they would be getting the agreement from the bank.
          I put my defence in on the 3rd of March and have had a letter back from the court aknowledging this, I have had nothing else from Link.
          Do I write to Link and reject their agreement and do I also write to their solicitor asking what has happened to the CPR31.14 information.
          I think a directions questionaire is due on the 5th of April.
          I see you have received a claim.

          According to you the Claimant is Asset Link (5) so I'm guessing the solicitors are Kearns?

          You've sent a CCA Request to Link (do you mean Asset Link Capital No 5?) and another one to the "bank" (do you mean the original creditor and was that Barclaycard?).

          Both have sent you reconstituted documents but it'll be the ones you received from the Claimant (current owner of the debt) which will be tested in court.

          You've had no documents in response to your CPR 31.14 Request so did that include a request for the Default Notice?

          Sorry for all the questions but before answering your question (who to write to and why) I need to know the facts. It may be that you don't write to anyone about anything now that you have already filed your Defence.

          You say the DQ is due 5th April but that's only if the Claimant informs the court that they intend to continue with these proceedings. Failing that the claim will be stayed.

          How much is this claim?

          Di
          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

          This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Re: Reconstituted cca

            Thank you for answering me Di
            yes it is Kearns,
            yes Asset Link No5,
            The CPR 31.14 did include a request for a default notice.
            The claim is for 2200, I have had no correspondance from Asset Link No5, the first I knew of them claiming that they have bought the debt was when I recieved the court papers. By looking online I should have had at least a pre legal notice from them.
            The terms and conditions has a front pagewith this written on it,
            "YOUR RIGHT TO CANCEL"
            Once you have signed this agreement, you will have a short time in which you cancel it. We will send you the exact details of how and when you can do this" (Exact wording) There is no paper with a signature.
            It also has two papers dated 2008 and two dated 2014, the card was taken out in 2009 there are two other papers where my name and address has been added. They have also added a statement of account.
            I will try to add photo's of the documents tomorrow.

            Comment


            • #7
              Re: Reconstituted cca

              bump

              Comment


              • #8
                Re: Reconstituted cca

                Originally posted by jojocookie View Post
                bump
                You said you were going to upload the documents (make sure you redact anything which could possibly identify you first).

                You don't need to write to anyone at the moment.

                Di
                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment

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