• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

CCA request to lowells

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: CCA request to lowells

    Posted it on thread 11, which they basically said we no interested.

    Comment


    • #32
      Re: CCA request to lowells

      Originally posted by Esy 1 View Post
      I sent a CPR request to HC that FlamingParrot suggested and they just dismissed it in the letter i attached, aren't they supposed to comply with a CPR request ?
      Yes, they have to comply with a CPR request, see below:
      Originally posted by pt2537 View Post
      simple point, they are right that if the agreement ends then the s78 request falls by the way side.

      HOWEVER,

      Has the agreement been terminated? to work this out we need the default notice.

      So if you do not have the default notice then you should ask for a copy of it from HC as they have a duty to disclose under the CPR Pre action protocol pract direction.

      A creditor cannot terminate a regulated agreement without a valid default notice, so firstly we need to see fi the DN is valid
      Originally posted by Esy 1 View Post
      Posted it on thread 11, which they basically said we no interested.
      The response on post 11 refers to a s.77-79 request, not to a CPR request, which is a completely different thing. I'm getting confused here, just going to double-check what you actually sent.

      Comment


      • #33
        Re: CCA request to lowells

        I've just gone back to check and you seem to be referring to the response to the LBA where you would have mentioned their failure to comply with a previous S.77-79 request. I see no mention of having sent a request under CPR 31.14, do correct me if I'm wrong and one has been sent. :ohwell:

        Comment


        • #34
          Re: CCA request to lowells

          As mentioned earlier the OFT consider that the request should be complied witth

          WHEN THE DUTY DOES NOT APPLY
          4.1 Sections 77, 78 and 79 set out a limited number of situations where the
          duty to supply copies and statements does not apply.
          • It does not apply to an agreement under which no sum is, or will or
          may become payable by the debtor or hirer. It will therefore not
          apply where the agreement has been paid off and terminated. It will
          also not apply where judgment has been obtained, unless there is an
          interest-after-judgment clause in the agreement which the creditor or
          owner has not expressly waived. Where, however, the agreement
          has merely been terminated, but monies are or will or may be
          payable under it by the debtor or hirer, the OFT considers that the
          duty will still apply.2

          http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

          Comment


          • #35
            Re: CCA request to lowells

            Originally posted by gravytrain View Post
            As mentioned earlier the OFT consider that the request should be complied witth

            WHEN THE DUTY DOES NOT APPLY
            4.1 Sections 77, 78 and 79 set out a limited number of situations where the
            duty to supply copies and statements does not apply.
            • It does not apply to an agreement under which no sum is, or will or
            may become payable by the debtor or hirer. It will therefore not
            apply where the agreement has been paid off and terminated. It will
            also not apply where judgment has been obtained, unless there is an
            interest-after-judgment clause in the agreement which the creditor or
            owner has not expressly waived. Where, however, the agreement
            has merely been terminated, but monies are or will or may be
            payable under it by the debtor or hirer, the OFT considers that the
            duty will still apply.2

            http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf
            So would you say that in this instance it's fair to assume that the court should decide whether the creditor should have complied with the OP's section 78 CCA request and it's not Howard Cohen's decision (in advance) because the DN and lawful termination may be in dispute

            Comment


            • #36
              Re: CCA request to lowells

              Originally posted by gravytrain View Post
              As mentioned earlier the OFT consider that the request should be complied witth

              WHEN THE DUTY DOES NOT APPLY
              4.1 Sections 77, 78 and 79 set out a limited number of situations where the
              duty to supply copies and statements does not apply.
              • It does not apply to an agreement under which no sum is, or will or
              may become payable by the debtor or hirer. It will therefore not
              apply where the agreement has been paid off and terminated. It will
              also not apply where judgment has been obtained, unless there is an
              interest-after-judgment clause in the agreement which the creditor or
              owner has not expressly waived. Where, however, the agreement
              has merely been terminated, but monies are or will or may be
              payable under it by the debtor or hirer, the OFT considers that the
              duty will still apply.2


              http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf
              Sounds like this is the case here, would it be worth writing back to HC quoting the above?
              Originally posted by PlanB View Post
              So would you say that in this instance it's fair to assume that the court should decide whether the creditor should have complied with the OP's section 78 CCA request and it's not Howard Cohen's decision (in advance) because the DN and lawful termination may be in dispute
              From the wording above, it sounds like they should comply, because the agreement *may* have been terminated, but moneys are still payable and no judgment has been obtained. :grin:

              I see no claim has been issued, we're still at the LBA stage, hence no request under CPR 31.14 would have been sent.

              Comment


              • #37
                Re: CCA request to lowells

                Originally posted by PlanB View Post
                So would you say that in this instance it's fair to assume that the court should decide whether the creditor should have complied with the OP's section 78 CCA request and it's not Howard Cohen's decision (in advance) because the DN and lawful termination may be in dispute
                If it were me I would point out the guideline, in addition to requesting the copy of the agreement they would be relying on to enforce.

                As PT says the precedent would probably defunct any section 78 unenforceabilitty claim under the copy regs, but there is no harm in putting them on the back foot,

                Comment


                • #38
                  Re: CCA request to lowells

                  oops
                  Last edited by bmw2602; 7th May 2013, 10:34:AM. Reason: wrong post

                  Comment


                  • #39
                    Re: CCA request to lowells

                    oops
                    Last edited by bmw2602; 7th May 2013, 10:34:AM.

                    Comment


                    • #40
                      Re: CCA request to lowells

                      Originally posted by FlamingParrot View Post
                      Yes, they have to comply with a CPR request, see below:
                      The response on post 11 refers to a s.77-79 request, not to a CPR request, which is a completely different thing. I'm getting confused here, just going to double-check what you actually sent.
                      Hi sorry i thought i sent a CPR request oops ! not sure what to do now as HC are ignoring my dispute and cca request with lowells which now the 12 days are up ?

                      Comment


                      • #41
                        Re: CCA request to lowells

                        Originally posted by FlamingParrot View Post
                        I've just gone back to check and you seem to be referring to the response to the LBA where you would have mentioned their failure to comply with a previous S.77-79 request. I see no mention of having sent a request under CPR 31.14, do correct me if I'm wrong and one has been sent. :ohwell:
                        Do you think i should send a CPR 31.14 request to HC or is it to late now !

                        Comment


                        • #42
                          Re: CCA request to lowells

                          Originally posted by Esy 1 View Post
                          Hi sorry i thought i sent a CPR request oops ! not sure what to do now as HC are ignoring my dispute and cca request with lowells which now the 12 days are up ?
                          See what GT has suggested above:
                          Originally posted by gravytrain View Post
                          If it were me I would point out the guideline, in addition to requesting the copy of the agreement they would be relying on to enforce.

                          As PT says the precedent would probably defunct any section 78 unenforceabilitty claim under the copy regs, but there is no harm in putting them on the back foot,

                          Comment


                          • #43
                            Re: CCA request to lowells

                            Originally posted by Esy 1 View Post
                            Do you think i should send a CPR 31.14 request to HC or is it to late now !
                            Actually, it may be a bit early! You'd normally send a CPR 31.14 request when they've issued a claim, to request the documents they intend to rely on.

                            Comment


                            • #44
                              Re: CCA request to lowells

                              do you think i should send lowells a non compiant CCA request as it is over the 12 days ?

                              Comment


                              • #45
                                Re: CCA request to lowells

                                Originally posted by Esy 1 View Post
                                do you think i should send Lowells a non compiant CCA request as it is over the 12 days ?
                                It certainly won't do any harm to send one.

                                When/If HC actually issue a claim against you, you will request all documents they refer to in their claim under CPR 31.14. (But ONLY after receipt of a Court Claim).

                                Just another question, they received this 'debt' in 2009? Did you receive any letters from them in between now and then?
                                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                                I am proud to have co-founded LegalBeagles in 2007

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X