help needed please - application form as CCA sec 77 ?

[Amethyst]

Hi hell, just a bit of reassurance - I'm reading through and amending this now for you.

[hellhasnofury]

Here a draft of the defence I am going to send in.

I am unsure re the compliance to section 77 of the cca as I think went the sent me the application form it counts as compliance

Comments please


1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

2. The defendant wrote to the claimant on 11th April 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix 1)

3. In response to the defendants request under section 77-79 of the Consumer Credit Act 1974. The claimant returned to the defendant a copy of a pre-contractual application form presented here (Appendix 2)

4 This pre-contractual document does not contain any of the prescribed terms under schedule (6) OF WHAT DOCUMENT????:
• amount of credit – see Q8.4
• credit limit – see Q8.5
• rate of interest – see Q8.6
• repayments – see Q8.9.

5. The credit agreement should be a true copy of the signed executed agreement as stipulated in Consumer Credit Act 1974(section 77), therefore must be identical to the original.

6. Agreement regulations 1553 via CCA1974( section 60(1) alone renders the agreement unenforceable without the order of the court CCA 1974(section65), as it is improperly executed as per CCA 1974,section 61(a).

7. More importantly any agreement not complying with the CCA 1974 section 61(a)via CCA 1974 section 65 if not containing the debtors signature and prescribed terms is unenforceable the CCA 1974 as per section127(3).


8.The Defendant further requested on the 2nd June 2007 that the Claimant supply the defendant with a copy of the original credit agreement. This request has not been addressed by the claimant.

9. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable. These time limits expired on 2nd May and 2nd June 2007.

10. . By failing to comply within the specified prescribed time the claimant has committed a criminal offence.

11. The Defendant would further request via the court for the Claimant to remedy this by presenting the defendant with a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

12. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

[hellhasnofury]

Hell - HFC don't tend to pull out so don't pin your hopes on it....Kotum is in a very similar position so have a read of her thread over there.

Thanks to both of you for your support, it is much appreciated to know that I am not alone with this.

The worse that can happen is a charging order and a ccj and pay them what I am paying now.

The best is that they withdraw from the court and write the debt off

I don't hold out much hope for the best one, but I am going for it

[Amethyst]

Hell - HFC don't tend to pull out so don't pin your hopes on it....Kotum is in a very similar position so have a read of her thread over there.

[Amethyst]

Yep I agree with you - I have a CCJ and charging order hanging over me but I get no contact from them at all, and I pay an amount I can afford happily each month.

[TropicalMoonShine]

Hello fed,

So nice of you to offer your support to me. and so glad you have come over here

I still have to send my defence in, and the days are going fast. Ame has been terrific in her guidence, information and support. I think if she wasn't here to help, I would have handed myself into the police station by now.

Can you tell me what you put in you defence? and what the court said?

I am still waiting for replies back from restons and hfc, but still think I will have to submit the defence.

1st defence no ca and wish to submited another defence if needs to

2nd defence collection charge.

I is still very daunting and my confidence is waning, but I have to try

Hi Hell,

If you have a look at my thread on CAG (Ame posted the link on this thread yesterday), you can find my defence posted there. You'll have to amend yours though to include the CCA bit. When my court claim was issued, I didn't really know about HFC needing to supply a copy of the CCA, so didn't request it from them or mention it in my defence.

Keep your spirits up - I know it's really really daunting at times, but when I'm feeling low about my debts, a good read of the forums, and being reminded that I actually do have rights, really helps me.

To be honest, now that I have this CCJ from HFC, it's actually quite good, as they are no longer sending me threat after threat letters - I pay my installment each month, and never hear anything from them. If only all of my other creditors were the same! So in my opinion, going to court could turn out the best thing for you.

Speak to you soon,
xx

[hellhasnofury]

Thanks Ame,

Might see you over the road fishing, left a couple of threads for advise, seems there have been a few cases where the creditor has pulled out of the case, because of this

If they do consider pulling out. then I should write to them and make a full and much reduced final settlement offer to them to get rid of these deporable pratts for good.

Sorry, I keep having these low moments and read posts and feel a little better

Your help and support really boosts me:o

[Amethyst]

para 3 - yes.

3. This request has not been fulfilled.

4. The defendant has supplied a copy of a pre-contractrual application form (appendix 1a). This document does not fulfill the requirements of section etc etc
list prescribed terms not complied with ............ ( I'm going to copy this post to the CCA section of the site, and go fishing over the road as theres been a couple defences based on application forms sent under s.77 which should have the correct wording)

[hellhasnofury]

Hello Ame,

I keep on looking a the poc you posted and I am getting nowhere fast. I keep on putting it off for another day, but the days are going fast.

Sorry to be a pain.

1st defence

1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

2. The defendant wrote to the claimant on 1tth April 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix A2)

3. This request has not been fulfilled. (Sorry this bit do I mention the re-contral application form sent to me missing all the prescribed terms etc. and quote the relevant section such as S61 and S127)

4. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable. These time limits expired on blah and blah

5. By failing to comply within the specified prescribed time the claimant has committed a criminal offence.

6. The Defendant invites the Claimant to remedy the above by supplying a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

7. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

What do you think please

[hellhasnofury]

Hello fed,

So nice of you to offer your support to me. and so glad you have come over here

I still have to send my defence in, and the days are going fast. Ame has been terrific in her guidence, information and support. I think if she wasn't here to help, I would have handed myself into the police station by now.

Can you tell me what you put in you defence? and what the court said?

I am still waiting for replies back from restons and hfc, but still think I will have to submit the defence.

1st defence no ca and wish to submited another defence if needs to

2nd defence collection charge.

I is still very daunting and my confidence is waning, but I have to try

[TropicalMoonShine]

Hi Fed - Its so nice to see you - well done on winning - well getting the outcome we wanted I was so chuffed to read that this morning. I'm not able to get over much these days.

Keep an eye out for a couple others over there going through the same thing.

Hell has a couple options open at the mo, but honestly we expect the same outcome as yours, and mine.

Stay in touch

Ame
xx

Hi Ame,

It's all down to you - I couldn't have done it without you, and I really think you are fantastic to give up so much of your time to help others

I'm still fighting lots of battles with my debts - I have CCA requests all over the place, lol, but I'm feeling more organised with things now, and I know that help is only a few clicks away!

I get threatening letters almost every day from one place or another, but they don't scare me anymore - I'm tougher now. As long as I have got my kids, I am happy, and that's one thing that no matter what happens, no baliff can ever take from me

Keep up the good work (((hugs Ame & Hell)))

Pleased to have found this site!

Fed
xx

[Amethyst]

Hi Fed - Its so nice to see you - well done on winning - well getting the outcome we wanted I was so chuffed to read that this morning. I'm not able to get over much these days.

Keep an eye out for a couple others over there going through the same thing.

Hell has a couple options open at the mo, but honestly we expect the same outcome as yours, and mine.

Stay in touch

Ame
xx

[TropicalMoonShine]

Wee boost for you HFC Bank taking me to court - Page 2 - Consumer Action Group

Havent been able to post my congrats over there....seems no one else has felt like it either...swines.

Sorry I havent been about much over the weekend...am getting my brain in gear today (I hope) so we'll have a chat later

Hello

This is so*fed*up from CAG! I just want to add my support HFC are evil, but you can beat them if you play your cards right. Good Luck - stay calm, don't worry too much (it's hard I know) and you will win Please get in touch if there's anything you want to ask me or anything.

[Amethyst]

Wee boost for you HFC Bank taking me to court - Page 2 - Consumer Action Group

Havent been able to post my congrats over there....seems no one else has felt like it either...swines.

Sorry I havent been about much over the weekend...am getting my brain in gear today (I hope) so we'll have a chat later

[hellhasnofury]

wow ! more than I got....but don't hold your breath too long

I'll work on letter tonight once the kids go for more than 30 seconds without needing a drink/a sandich/a biscuit/tv on/tv off/fell off trampoline/ stood in dog poo etc etc etc etc have to love'em dont ya.

Hiya, did you get the kids tied up Mine are in be by nine with the doors bolted etc. Only kidding

Got a bog standard letter from hfc re complaint. will be back with a response yeah right:rolleyes: whatever, didn't even sign it ignorant prats