Case going to court in next couple of weeks - C/C debt

[whatsmyname]

Re: Case going to court in next couple of weeks - C/C debt

Payments keep the debt alive (stops it from going SBd) but that has nothing to do with unenforceability due to lack of a credit agreement. For accounts started before April 2007, there has to be a properly executed agreement with all the prescribed terms, signed by the debtor. For accounts started after that time, the court has discretion to enforce. :juge:

Hi, there has been a development, waht can be described as something that is claiming to be a signed credit agreement has been received. Please can you advise what to look for to ensure this is compliant. I need to start preparing the specific points to counter the claim. The first thing noticed was that ther eis no interest rate on the document recieved

[FlamingParrot]

Re: Case going to court in next couple of weeks - C/C debt

Hi, there has been a development, waht can be described as something that is claiming to be a signed credit agreement has been received. Please can you advise what to look for to ensure this is compliant. I need to start preparing the specific points to counter the claim. The first thing noticed was that ther eis no interest rate on the document recieved

Could you scan or take a picture hoto: of the alleged agreement and post it up here, covering up your personal details? :typing:

[whatsmyname]

Re: Case going to court in next couple of weeks - C/C debt

Could you scan or take a picture hoto: of the alleged agreement and post it up here, covering up your personal details? :typing:

Hi,

I would liek to PM this as I feel as though some have been trawling the site for information and wish to avoid them seeing this info if that's ok.

Please could you advise me of the following;

Is it true that only terms of agreement have to be provided?

Does an offer to settle have to be entered by the defendant?

[whatsmyname]

Re: Case going to court in next couple of weeks - C/C debt

I would prefer to amail this doc as can't appear to upload thsi from my computer, pelase advise

[whatsmyname]

Re: Case going to court in next couple of weeks - C/C debt

sorry, should say email!

A court appearence has taken place today, and am still a bit unsure as to what actually happened however the judge appeared to be accomodating to a litiation friend in absence of the defendant.

[FlamingParrot]

Re: Case going to court in next couple of weeks - C/C debt

I would liek to PM this as I feel as though some have been trawling the site for information and wish to avoid them seeing this info if that's ok.

I don't think you'll be able to attach files to a PM, the only way would be either to upload them to a free image hosting site such as http://postimage.org or else do it by email.

If you want more privacy on the site, you may consider a VIP subscription. The VIP area is only visible to subscribers who have paid via Paypal, which verifies their identity. To subscribe, go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose one year £9 or 10 years £25. See below.
:grin: Attached Thumbnails

Please could you advise me of the following;

Is it true that only terms of agreement have to be provided?

What do you meant by that? They should provide a properly executed agreement which should contain the following:

• A heading in the prescribed form such as "Credit Card Agreement regulated by the Consumer Credit Act 1974"
• Name and address debtor and creditor
• Financial information relevant to your account (these are the terms from inception, i.e. the ones you allegedly would have agreed to)
• A statement of your right to cancel
• Your signature

Does an offer to settle have to be entered by the defendant?

If you intend to defend the claim you wouldn't make an offer to settle, not at this stage.

[whatsmyname]

Re: Case going to court in next couple of weeks - C/C debt

Hi,

yes email would be good, where could I send this to?

thanks.

Would I be able to pm you what has happened today at court?

[whatsmyname]

Re: Case going to court in next couple of weeks - C/C debt

I would also like to say thank you for your responses so far