help needed please - application form as CCA sec 77 ?

[hellhasnofury]

Thanks to everybody for their friendship and support

Hello,

I have received a court summons from hfc today. I am in a state of shock and don't know what to do

I was just about to send a letter of complaint to hfc regarding the harrassment calls.

They have sent me a copy of a credit application form which I cannot read as it is so blurred. Can't see if it contains all of the prescibed terms etc.

The have also defaulted on the S.A.R - (Subject Access Request).

Who do I now write to regarding these. hfc or restons or both. I do feel that they are not going to be helpful now.

Please advise, I am truely at a loss

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

Hellhas is this big enough PMSL. xxx

MMMmmmmm yum yum

[scottishlass]

Re: help needed please - application form as CCA sec 77 ?

Hellhas is this big enough PMSL. xxx

[scottishlass]

Re: help needed please - application form as CCA sec 77 ?

Got a few bits to sort out, but am in the middle of selling up and moving so have put things aside just now.

Brain can only handle so much at a time. PMSL

You doing fine ?

SL xx

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

Hi Hellhas,

we met otr you helped me a great deal with regards Littlewoods PPI, by the way I got it all back, so thank you.

How many rowies is it I owe you? ha ha

Good to see you back

Take Care

SL xx

Hello Mrs????

So good to hear of your good news So what you up to now

You best get a lorry for the delivery of rowies, I am drouling (think that how you spell it, not a word I use a lot) at the thought of them

[scottishlass]

Re: help needed please - application form as CCA sec 77 ?

Hi Hellhas,

we met otr you helped me a great deal with regards Littlewoods PPI, by the way I got it all back, so thank you.

How many rowies is it I owe you? ha ha

Good to see you back

Take Care

SL xx

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

There has been a series of twists and turns with this case and its seemed to have dragged on forever hfc's solicitors requested a few extensions for exchange of witness statement and then applied to the court for a adjournment of the trial date, due to the fact there expert witness was not available on that date
They e-mailed me to tell me the alleged debt had been sold and then told me a week later it wasn't and that they were still continueing with the case.

The day before the trail, they informed me again that it had been sold to an unknown 3rd party.:tinysmile_aha_t:

Turned up in court, no show from restons/hfc/unknown 3rd party. Nice judge awarded me costs for the day and gave instructions that if the case was not restored with 28days - strike out

Well the 28days have passed and not a word from anybody, no application received at the court, so I guess they think they have put this one to bed

I am considering my next move and comments

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

Hello All,

Sorry I have not been posting on the thread, I have not posted as I have become rather paranoid for fear of preying eyes (Restons) They will stoop to any lengths and have not behaved impeciably, thoughout the process.

They have asked me twice to admit liability for this alleged debt. Err what debt.

They have not followed the judges instructions. Told the judge that I had not complied and put in a notice of application to have my defence struck. They really will stoop to any dirty tactic they can. This case is still ongoing and disclosure statements have just been exchanged. The case is due to be heard in May,

[Amethyst]

Re: help needed please - application form as CCA sec 77 ?

Hi Soo

I'll endeavour to ask Hellhasnofury to update us on events since the last post - and of course pm me anytime hun x

Be back to you shortly xx

[Soo43]

Re: help needed please - application form as CCA sec 77 ?

what was the outcome of this thread???

[Amethyst]

Re: help needed please - application form as CCA sec 77 ?

Only applies to agreements signed (or not as the case may be) after April 2007

Credit cards are governed specifically under the CCA.

[strangewayofsavin]

Re: help needed please - application form as CCA sec 77 ?

sorry to be a stick in the mud, and I have received negative feed back on pcf for stating this, but, the fact that a lender has no CCA, does mean they cannot prove the fact that you gave them permission to place information, such as a default against your name, and any information placed would be Defemation without the original agreement.
And for a standard debt, say a loan of £5K would be unenforceable without the Original CCA, Would credit cards not fall into a different catagory, due to the fact that the person using the credit card, would form a seperate contract under the Sale of goods act (formation of a contract) every time they used the card, therefore the contract, under the sale of goods act, be debt acknowledgement under the law of probability (used by the county courts), and the fact that every time the debitor uses the card via a signature or pin number, re-inforce the fact that the have read and understood the terms and conditions?
In contract law, if you use, and adhere to the facillities of a contract for 6 months without signing a contract, it is deemed that you accept the terms and conditions of the foresaid contract, would this not apply to contracts agreed under the consumer credit act, by the use of credit cards?
Also under the amendments 2006, it states in section 15, section 127, parts 3 to 5, under infrindgement will be void.
Does this mean, if a debitor does not dispute the debt, only the agreement, the court may enforce the debt, even though an original CCA is not available, or does this only apply to agreements signed after the 2006 amendments took place?

[Amethyst]

Re: help needed please - application form as CCA sec 77 ?

you can have the husband no problem - but that will only pay off the 0.01p of the debt - and thats cause he'll bring his wallet. Think I may argue that the PPI was missold as I have never worked and am incredibly ill and have been signed off life for the next 30 years.

I look forward to meeting your son in law, I have a feeling he'd get on remarkably well with my brother in law (who also comes with the husband package btw )

[iancognito]

Re: help needed please - application form as CCA sec 77 ?

children and husband as part payment

I think you could live to regret that one!!!

[hellhasnofury]

Re: help needed please - application form as CCA sec 77 ?

Now Ame, before we start on this debt of 50p, you did agreed to come up with the dosh. Now this was a verbal agreement (the whole of the site has seen this)and it will stand up in a court of law. I am prepared to accept payment by instalments, but bare in mind, that there was £5,000,000.01 payment protection insurance applied, I do have to protect my interests, incase you are ill, sacked or otherwise unable to pay the monies that you have admitted that you owe. Apply to the final figure the interest at 100% per year over a term of 10years. So basically I now own you. I am prepared to take your house, car, children and husband as part payment, Can you please let me know by which date you will be moving out.

Sorry I don't mind owing everything that you own, but if you have any outstanding accounts or debt, I will allow you to keep them:roll:

Failure to respond to this post, will be deemed as a breach of contract, I will consider commencing legal proceedings against you. Or I may instruct my son-in-law to call at your home(Jesus I don't even let him in)

I am looking forward to your response