Preparing CPR request but ask for what?

[mikeD]

Hello everyone. I'm a first time poster here and will be very grateful for any advice.

I'm following the excellent guidance on the Basic first Steps to take on receipt of a Consumer Credit Court Claim

thread, but have come to a stop on the CPR request form.

I'm advised to only list documents that are mentioned on the 'Particulars of claim' section of the front of the claim form. The thing is all that is mentioned is a contract between myself and the original lender, and the assignment of that debt to the claimant. I don't know how specific I can be with the language used, but basically that's it.

I submitted a CCA request a few months ago and received in return a copy of the original credit agreement contract.

So should I ask for some proof of assignment of that balance to the claimant, or is there nothing to ask for?

Thanks in advance

M

[charitynjw]

Re: Preparing CPR request but ask for what?

Hi mikeD & welcome to LB

Could you post up a copy of the PoC (suitably redacted.....ie no personal data), or type it verbatim?

Btw, did the claimant also send you the T&Cs (as at inception + subsequent variations) & a statement of account?

[mikeD]

Re: Preparing CPR request but ask for what?

Hi, and thanks for your help.

They sent me photocopies of the loan agreements (a loan and several top-up loans), and a single printout of some Egg loan terms and conditions, printed straight from the local hard drive (the file location is printed at the bottom of each page). Unfortunately I cannot know whether these T&Cs match the ones that originally accompanied the loans, as the originals are long lost.

There was no statement of account included.

(BTW, I know from my credit record that the default date was over 6 years ago, and I'm 99.99% certain that I never acknowledged the debt during this time or made any payments).


The exact wording of the PoC is:

--------------------------------------------------------------
Particulars of Claim

The Claimant claims payment of the overdue
balance due from the Defendant(s) under a contract between the Defendant(s) and
Egg
dated on or about <month> <day> 2006 and assigned
to the Claimant on <month> <day> 2013

PARTICULARS a/c no - ##########

DATE ITEM VALUE
<day>/<month>2015 Default Balance <number>
Post Refri Cr NIL

TOTAL <same number>

--------------------------------------------------------------


Thanks

[charitynjw]

Re: Preparing CPR request but ask for what?

Jeez!
These PoCs are getting more & more sparse!

All you can request is a copy of the contract & the Notice of Assignment.
My personal opinion......you should be able to ask for the T&Cs, as they form part of the contract; others may disagree.

[mikeD]

Re: Preparing CPR request but ask for what?

But can/should I ask for the contract, given that they already sent a copy when I sent the CCA request a few months ago?

I could word it like 'Contract including Terms and Conditions'.

[charitynjw]

Re: Preparing CPR request but ask for what?

But can/should I ask for the contract, given that they already sent a copy when I sent the CCA request a few months ago?

I could word it like 'Contract including Terms and Conditions'.

I would.......there's always a chance that they (claimant & solicitors) might supply different copies!
You're going to write to them anyway (for the NoA).

[mikeD]

Re: Preparing CPR request but ask for what?

< >

- - - Updated - - -

OK thanks, I'm asking for :



1.Contract (includingTerms and Conditions);
2.Notice of Assignment.

[charitynjw]

Re: Preparing CPR request but ask for what?

I must admit to being a tad confused, though.

First you said

I submitted a CCA request a few months ago and received in return a copy of the original credit agreement contract.

Then you go on to say

They sent me photocopies of the loan agreements (a loan and several top-up loans)

[mikeD]

Re: Preparing CPR request but ask for what?

Sorry my mistake, the first one should read 'I submitted a CCA request a few months ago and received in return copies of the original loan agreements'.

The debt was originally from a credit card you see, which I used to get loans to pay off when I hit the credit card limit. So I still inaccurately think of it as a credit card debt, even though the defaulted-upon debt is actually from loans (an original one, then top-up loans).

[charitynjw]

Re: Preparing CPR request but ask for what?

Sorry my mistake, the first one should read 'I submitted a CCA request a few months ago and received in return copies of the original loan agreements'.

The debt was originally from a credit card you see, which I used to get loans to pay off when I hit the credit card limit. So I still inaccurately think of it as a credit card debt, even though the defaulted-upon debt is actually from loans (an original one, then top-up loans).

Ok, but the PoC is for 'a contract'.

[mikeD]

Re: Preparing CPR request but ask for what?

It is. I'd guess the loan agreement(s) do form a contract don't they? I'm not knowledgeable about legal terms though.

What is it you're driving at, do you think they have made a terminology mistake?

[charitynjw]

Re: Preparing CPR request but ask for what?

The thing is, you sent a CCA request & they've sent you multiple agreements/contracts.

If they had been bundled into one agreement, that, I think, would have necessitated a new agreement.

So, confusion reigns.

I'll ask [MENTION=55034]nemesis45[/MENTION] to have a look.

[mikeD]

Re: Preparing CPR request but ask for what?

Aha I see, that would make sense. That sounds like something I should look at as a defence though, ie after sending the CPR request letter.
What do you think?

[charitynjw]

Re: Preparing CPR request but ask for what?

Aha I see, that would make sense. That sounds like something I should look at as a defence though, ie after sending the CPR request letter.
What do you think?

Definitely send the CPR letter to the solicitors (Keep a copy & get proof of postage).

[nemesis45]

Re: Preparing CPR request but ask for what?

Good morning MikeD

You have received it seem ( not unexpectedly as the alleged debt arises from an EGG account) a reconstituted agreement which must be compliant in detail.
It must have.

Your name and address as t was when the account was opened.

The Creditors name and address as it was when the account was opened.

The terms and conditions applicable when the account was opened ( these must have all the pages to be compliant.

Ditto for T's & C's applicable when the account was closed

Any other documents mentioned in those T's & C's

A current statement of the account ( Not an Historical one)

If you can please post copies of what you have received it will assist in getting the right advice for you.

If you have a problem posting the documents I' sure [MENTION=49370]Kati[/MENTION] will be able to help you.

nem

- - - Updated - - -

Good morning MikeD

You have received it seem ( not unexpectedly as the alleged debt arises from an EGG account) a reconstituted agreement which must be compliant in detail.
It must have.

Your name and address as t was when the account was opened.

The Creditors name and address as it was when the account was opened.

The terms and conditions applicable when the account was opened ( these must have all the pages to be compliant.

Ditto for T's & C's applicable when the account was closed

Any other documents mentioned in those T's & C's

A current statement of the account ( Not an Historical one)

If you can please post copies of what you have received it will assist in getting the right advice for you.

If you have a problem posting the documents I' sure [MENTION=49370]Kati[/MENTION] will be able to help you.

nem