Clearer? Guides and Letters for CCA Claims

**Kati** · 8th July 2017, 09:04:AM

Re: Clearer? Guides and Letters for CCA Claims

Looks good to me Ame ... I know .doc files can be opened/edited in lots of programmes as well as Word (and the copy/paste bit is easy enough too if they don't want to download anything). Clear and simple to find what your looking for.

K x

**QCKate** · 8th July 2017, 10:31:AM

Re: Clearer? Guides and Letters for CCA Claims

Just fantastic - thank you!!

QCK
x

Originally posted by Amethyst View Post

I have been setting up the old sticky 'template' stuff onto homepage wordpress guides. Before I switch over the quick links in the 'green box' I'd appreciate it if anyone could have a look through and pick up on anything that needs adding / removing / making clearer / fixing .... you know the stuff. Does it make it easier to navigate ? harder ? Does it work okay on mobile / tablet / mac ? Do we need PDF versions or TXT versions of the letters to download as well, or is copy & paste okay for those who don't have word ?

I spend so much time looking at things sometimes I stop noticing things so I'm quite happy for criticism.

Cheers me dears

xxx

Guides and Letters

**R0b** · 12th July 2017, 18:48:PM

Re: Clearer? Guides and Letters for CCA Claims

Evening @Amethyst

Had a quick scan on the new guides and overall I like it, very clean and simple. Just a few suggestions/comments to think about though:

1. When accessing the site via mobile, you can't access the green boxes so it might be difficult for users to access or know where the guides are unless someone posts a link to them. Perhaps offering the same option on the mobile site as it is on the main website if it is possible.

2. Following on from point 1 above, we all know that users will post randomly on the site including the Welcome Forum but the green boxes are not there and again users would need to be directed to them. A suggestion perhaps to make those guides/boxes accessible always such as on the right hand side of the forum where you have the coloured boxes at the top e.g. the Contact Us, What's New etc. boxes.

I think there was a couple of other things I noticed but probably less important, but I think above would help especially with the time and effort you've gone to create those guides and also that some users might need spoonfeeding

**warwick65** · 12th July 2017, 19:33:PM

Re: Clearer? Guides and Letters for CCA Claims

Just a thought

Maybe making the more comprehensive requests the default - so the comprehensive CCA request to include the S175 /S189 bits

Equally maybe the SAR request for money claims could be more comprehensive and specific as we know they tend to send the least they think they can get away with

These changes would just help remove creditors wriggle room

A guide on Part 18 requests might be useful as well although I know a template for that is more difficult

**EXC** · 12th July 2017, 21:07:PM

Re: Clearer? Guides and Letters for CCA Claims

Thanks guys.

**Amethyst** · 12th July 2017, 22:02:PM

Re: Clearer? Guides and Letters for CCA Claims

Thank you some very good points and suggestions - we are going to upgrading the forum soon and the layout should make navigation a lot simpler ( that's the aim anyway) and getting the guides sorted is the first step towards that.
Currently mobile view is, well, a bit pants ... the upgrade will consider mobile view from the start

Content of the guides will take more time - they have built up and developed over a long period - I'm always more than happy for suggestions to amend/update them .. particularly the cca court stuff - with more cases on accounts opened after 2007, and many within the last 6 yrs now, the standard 'no docs' defence isn't going to wash in as many cases as it once did.

**charitynjw** · 12th July 2017, 23:06:PM

Re: Clearer? Guides and Letters for CCA Claims

It may be that the new PAP for money claims might be a game-changer anyway as far as non-disclosure is concerned.
I guess time will tell on that, & how best to respond re defence.

**R0b** · 13th July 2017, 20:09:PM

Re: Clearer? Guides and Letters for CCA Claims

Originally posted by Amethyst View Post

Thank you some very good points and suggestions - we are going to upgrading the forum soon and the layout should make navigation a lot simpler ( that's the aim anyway) and getting the guides sorted is the first step towards that.
Currently mobile view is, well, a bit pants ... the upgrade will consider mobile view from the start

Content of the guides will take more time - they have built up and developed over a long period - I'm always more than happy for suggestions to amend/update them .. particularly the cca court stuff - with more cases on accounts opened after 2007, and many within the last 6 yrs now, the standard 'no docs' defence isn't going to wash in as many cases as it once did.

I have this book http://bookshop.lawsociety.org.uk/ec...=9781853288746 which has a fair few precedents and things for defences, happy to provide a few if you wish.

**Amethyst** · 14th July 2017, 08:22:AM

Re: Clearer? Guides and Letters for CCA Claims

That might be useful, thanks Rob.

**R0b** · 14th July 2017, 12:36:PM

Re: Clearer? Guides and Letters for CCA Claims

I'll have a look through them over the weekend and see if any are relevant, in the meantime, I have put below a couple of defences that I've used before. I think some of it might overlap with your current sample but just laid out in a different way - I think they are still up to date but might just wish to cast your eye over them if you intend to use any of it. The words in brackets are optional depending on the individual circumstances.

Defence against claim where claimant failed to comply with CCA request.

1. The agreement is a consumer [credit / hire] agreement regulated by the Consumer Credit Act 1974 (the "Act").

2. The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim or at all.

3. The Defendant admits entering into the agreement set out in the Particulars of Claim [and admits paragraphs ...]

AND / OR

3. The Defendant denies that he is in breach of the agreement either as alleged in the Particulars of Claim or at all. [The Defendant also denies paragraphs ...]

5. Pursuant to section [77(1)] or [78(1)] or [79(1)] of the Act, on [date] the Defendant sent to the Claimant a request in writing to supply the Defendant with a copy of the executed agreement [and of a document referred to in that agreement, namely a [identify the document], together with a statement showing information required by that section.]

6. The Defendant accompanied the request with a postal order for £1 as required by the said section.

7. The Claimant failed to supply the Defendant with the said or any information either within the prescribed period or at all alternatively failed to comply with the request in that the Claimant did not send to the Defendant a copy of the executed agreement.

8. In the premises, the Claimant is precluded from enforcing the agreement against the Defendant by reason of section [77(4)(a)] or [78(6)(a)] or [79(3)(a)] of the Act.

Defence and Counterclaim arising out of an unfair relationship.

1. The Defendant admits that he entered into the agreement with the Claimant set out the Particulars of Claim (the "agreement"). The agreement was a credit agreement within the meaning of s.140C(1) of the Consumer Credit Act 1974 (the "Act").

2. The relationship between the Claimant as lender and the Defendant as borrower was unfair to the Defendant.

Particulars

(a) The following terms of the agreement were unfair:

(i) [Explain briefly which terms of the agreement were unfair]

(b) The way in which the Claimant has exercised or enforced his rights under the agreement was unfair in that:

(i) [Explain why you feel the way the Claimant enforced the rights were unfair]

(c) The following things done by or on behalf of the Claimant were unfair to the Defendant:

(i) [What was the conduct carried the Claimant which you felt was unfair]

(d) the Defendant was in breach of the rules and guidance set out in the Consumer Credit Sourcebook (CONC) in the following respects. [Refer to the specific Rules/Guidance in CONC you rely on but remember lenders are not legally obliged to comply with Guidance (as it is an indicator of how they can comply) whereas they must comply if they are Rules or they are in breach of their statutory duties.]

Counterclaim

3. By way of counterclaim the Defendant repeats the defence herein.

The Defendant therefore counterclaims:

1. The making of such order under S.140B of the Act, in particular:

(a) requiring the Claimant to repay to the Defendant the sum of [insert amount to be repaid]; or

(b) requiring the Claimant to take the following action: [insert what action you want the Claimant to make e.g. to do something]; or

(c) reduce or discharge the following sum payable by the Claimant under the agreement, namely [insert sum to be reduced or discharged]; or

(d) set aside or discharge the following obligations of the Defendant under the agreement: [explain what obligations you are seeking to set aside or discharge].

2. Interest pursuant to s.69 of the County Courts Act 1984 on any sums found to be due or payable on the making of the order.

Clearer? Guides and Letters for CCA Claims