Court Claim - arrow global / paypal later santander - 30-7-2015

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

hi [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] thankyou for your quick response.
All sounds very scary stuff to go up against these guys. ill more than likely get eaten up and spat out. im not the most confident person under that type of pressurised enviroment, very much out of my comfort zone. i just did a little research on the HSBC v Carey case and found this....

....Much of the recent publicity about unenforceable credit agreements and cases brought by claims management companies, some of whom who have now reportedly been shut down by the Solicitors Regulation Authority, may have led many consumers to believe that they can no longer pursue their creditors on the basis that their credit agreements are unenforceable.
However, Leigh based solicitors Stephensons are urging consumers, especially those in difficult financial circumstances, not to write off the possibility that their debts can indeed be written off or at least reduced where the agreement fails to either comply with the Consumer Credit Act 1974 or the Unfair Relationship Provisions contained within the Consumer Credit Act 2006.

The recent test case heard at the Manchester Mercantile Court, Carey v HSBC and others related to the application of section 78 of the Consumer Credit Act (the Act) and whether the failure of a creditor to produce an actual copy of the credit agreement would make the agreement irredeemably unenforceable or at the very least create an unfair relationship.

Section 78 of the Act is the provision under which a debtor can make a request for a true copy of their credit agreement.

The test case appears to have made it clear that creditors are entitled to produce a reconstituted version of the credit agreement from the information they hold on the debtor. The reconstituted version does not need to include a signature box or indeed the actual signature but must contain the debtor’s name and address at the time it was executed.

However, these requirements are not new and consumer solicitors at Stephensons have always maintained that a creditor does not need to produce the actual agreement or a copy of the actual agreement in order to comply with section 78 of the Act. In addition the creditor’s failure to produce a true copy of the agreement was always considered to simply be a bar to enforcement and was never sufficient for the debtor to bring a claim for unenforceability.

The Carey case has clarified that the court has the power to declare whether there has or hasn’t been a breach of section 78 and each case will be considered on its own facts. It has clarified that a mere breach of section 78 will not of itself create an unfair relationship but that is not to say that such a breach is never going to be capable of creating an unfair relationship.
The emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. A failure to produce such a document is still capable of rendering the agreement irredeemably unenforceable.

In addition the case of McGuffick v RBS [2009] EWHC 2386 may have also put many debtors of the idea of challenging their agreements. It’s true that this case has confirmed that enforcement does not include normal collection activities such as reporting to the credit reference agencies or even issuing court proceedings.

However consumers should remember that should a creditor issue court proceedings against them, without first locating a signed document, they would have a defence to that action. Without a signed document the creditor will have to convince the court that on balance a document signed by the consumer containing the prescribed terms would have been produced at the time of execution. The onus is on them to prove this.

Again not that its gonna help if ive not the confidence to go in to the court enviroment alone and fight.
I always knew and understood that the likely outcome would be that i had to pay these guys eventually, but i didnt like how they can just go past deadlines, and non compliance of requests, then when finally when you think they cant produce the documents they amazingly seem to appear weeks after the deadline passes....what is the point of deadlines if they can just pass and produce documents when they feel like.?
So guys im not the best at proposing a settlement, infact im not good at most things financial, how do i go about a reasonable either final settlement or agreement of monthly payments.?
I did look through the N9A and it asks for bank account balances which in itself is a little amusing because i no longer have a bank account nor savings other than a little put away. when i say a little i mean a little. also it mentions credit debts, i have other credit debts. Bank overdraft debt that has also been sold on many times too, this is why i dont have a bank account.
As you can see im not good with money. though ever since i havent had an account ive found managing money much much easier. paying cash all the way instead of just punching in a pin number. sorry for waffling on im just trying to give you a picture of lack of confidence in court matters.

Again any help will ease a stressed head.
Thankyou

cb

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi [MENTION=6]Amethyst[/MENTION] just a quick addition, No definately could do with out a CCJ

Thankyou
cb

[Amethyst]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

You still do not have the assignment or default notice. And the CCA is possibly questionable - there's no mention of Paypal, and there are no terms as varied when the account was taken over by Santander. You could do worse than have a chat with Paul @ Howlett Clarkes Solicitors. SOMETIMES they can take cases on a CFA, but he might be able to give you an idea how much of a case is left to argue.

[nemesis45]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

The points to consider here are:
The recon provided " may " satisfy the section 78 request BUT will it stand up in court?

nem

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Me again
just found this damning item further putting me off going to court

http://www.lawgazette.co.uk/law/cons...90.fullarticle

not that i still own the credit card anymore and nor did i take it out and spend on it without the intension of paying it back. serious finacial through hardship ie losing hours at my job then finally losing my job.

cheers
cb

[Amethyst]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

2007-2010 was quite a crap few years because lots of scum popped up promising to write peoples debts off by using the CCA 1974. They noticed it existed after the CCA 2006 made some changes.... then things went bonkers. So everyone got on a antidebtor high horse and there's loads of articles about that time around debt avoidance subjects.

oh point being, stay away from articles written around that time !

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Still confused so going to the shops and using cash while i consider what to do next.
Be back on later, thanks for your replies all!!

cb

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi [MENTION=6]Amethyst[/MENTION] [MENTION=66]Kafka[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] [MENTION=55034]nemesis45[/MENTION]
Back now after ok guys what would you suggest i do next and how to proceed with proposals should i go in that direction ( even though i feel they, they being restons / arrow global are in breach of certain items within requests and what they have supplied.)
i am extremely open to all suggestions at this point. As for paul at howllets dont they pursue alleged debts such as mine also?

any help and advice very much appreciated

Thankyou
cb

[nemesis45]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi @Amethyst @Kafka @FlamingParrot @nemesis45
Back now after ok guys what would you suggest i do next and how to proceed with proposals should i go in that direction ( even though i feel they, they being restons / arrow global are in breach of certain items within requests and what they have supplied.)
i am extremely open to all suggestions at this point. As for paul at howllets dont they pursue alleged debts such as mine also?

any help and advice very much appreciated

Thankyou
cb

Paul deals with Consumer Credit matters with the emphasis on " Consumer".

nem

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

[MENTION=6]Amethyst[/MENTION] hi again what would i need to show, tell paul at howlett solicitors in regards of the claim. ?


thankyou
cb

- - - Updated - - -
[MENTION=55034]nemesis45[/MENTION] hi me again, what are your views on the way forward?

thankyou for your help

cb

[mystery1]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

https://consumercreditlitigationandd...eral-pointers/

M1

[nemesis45]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

@Amethyst hi again what would i need to show, tell paul at howlett solicitors in regards of the claim. ?


thankyou
cb

- - - Updated - - -
@nemesis45 hi me again, what are your views on the way forward?

thankyou for your help

cb

Hello again CB,

I am still not convinced that the recon is a true copy, and would welcome Pauls view on it,
personally I would put it to a judge.

nem

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi does Paul come on here or am I to contact him through email to his company?

Thanks
Cb

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Does any one have Paul at howletts contact details ? [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

http://www.qualitysolicitors.com/how...le/paul-tilley