HELP! - Stayed court claim being pursued by Cohen Howard

[DISTRESST]

But the notice does contain the name and address of the creditor so could be argued to comply with the requirements of the Regulations.

Hi PT2537

Thank you for your input and interesting points.

[DISTRESST]

But the notice does contain the name and address of the creditor so could be argued to comply with the requirements of the Regulations.

I requested for the CCA, and this is all they sent me!

what i sent in request was this:


I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: *******

Request under s.78 Consumer Credit Act 1974

Dear Sir/Madam

Re: Account / Reference Number: **************

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 78(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00 per account, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgment or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignee's of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you

[jaguarsuk]

Should probably remove the name after the F.A.O by editing your post.

[DISTRESST]

Although Mercers Debt Collections Ltd had ceased trading (dormant company) at the time.

Di

Hi Di

The fact that the company was dormant at the time could be quite crucial, but with a dormant company they only remain dormant as long as they do not trade and does a dormant company only cease being dormant by trading monetarily?
By being dormant does sending a notice/correspondence render the company no longer being dormant ?

In other words can a dormant company send out such correspondence, I wouldn't have thought so, but this is just a point that crossed my mind.

[DISTRESST]

Should probably remove the name after the F.A.O by editing your post.

ooops, thanks

[pt2537]

I requested for the CCA, and this is all they sent me!

what i sent in request was this:


I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: *******

Request under s.78 Consumer Credit Act 1974

Dear Sir/Madam

Re: Account / Reference Number: **************

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 78(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00 per account, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgment or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignee's of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you

Then they are not compliant with s78 and the Paterson Judgment makes that clear as does HFO Capital v Robinson, which was also a case with a morgan stanley credit card

[Diana M]

Hi Di

The fact that the company was dormant at the time could be quite crucial, but with a dormant company they only remain dormant as long as they do not trade

They went into liquidation and then the company was dissolved.

Di

[DISTRESST]

They went into liquidation and then the company was dissolved.

Di

ah, then this is a totally different scenario. If they were using the trading name after they went bust then that would be illegal !

[DISTRESST]

Having spoke with Diana, I must say she is a really wonderful and understanding person who offers sound insight into legal workings of these cases.
She is an asset to this forum for all those seeking a genuine source of information.

[Diana M]

Having spoke with Diana, I must say she is a really wonderful and understanding person who offers sound insight into legal workings of these cases.
She is an asset to this forum for all those seeking a genuine source of information.

Thank you.

It's daunting to get a court claim. I've had four of my own so I know how it feels (all of them won incidentally )

You're surrounded by legal jargon and CPRs. It's like being in a foreign country where you don't speak the language. You need a lawyer to act as an interpreter at times.

Di

[DISTRESST]

Hi Di
i was just curious to know if you received the emails I sent over to you?

[Amethyst]

Tagging Diana M for you

[Diana M]

Yes I have received them and I'll reply shortly. I have problems with access to this forum (can't quote or thanks posts etc). Di

[Diana M]

Yes I have received them and I'll reply shortly. I have problems with access to this forum (can't quote, edit or thank posts etc). Di

[namaste]

I wasn't referring to the 'old argument', I was referring to a current argument (dormant company).

Di

I can't see any reason why not Di - maybe post in site issues. Logged in as Namaste with exactly the same permissions and I can Thank and Quote fine (using Chrome anyway) ( I'll check Edit ) ( edit: yes I can also edit )

Actually are you on a mobile ? If you turn it to landscape you'll see them on the right, or just hold finger on right where edit/quote buttons are on larger screens and a pop up bit shows.