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Claim form received, guidance needed pls

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  • #46
    OK, that's helpful thank you. That is the data protection statement, it is not the 'Key Terms' which occasionally appear on credit agreement application forms and have been shown to be 'compliant' with a CCA request.
    These terms are absent from this application form so you have none of the key applicable terms such as APR rate, repayment terms, Cancellation details etc.
    I would not deem this application form compliant with s.78 CCA 1974.
    You should write back to them with an open letter stating this is not sufficient and would fail in court. Given that they are making a stay lift application, it would be good to prepare a witness statement setting out what has happened and why they should not be given summary judgment as theyve not complied etc.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
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    • #47
      Celestine Thank you this is very helpful. I will send a response today to that affect and draft a witness statement.
      would the witness statement be presented before the CCJ is granted?
      X

      (I really do appreciate your help, they pray on the stress it causes for sure!)

      Comment

      • #48
        Celestine Thought I would update you on the paperwork error with MC where they sent me a CCA in someone’s else name. I made an official complaint to them. They have replied and upheld the complaint, apologised and offered me £100 compensation for trouble and upset?! Seems very odd to me and more like they are trying to silence me for their mistake. I did highlight that it would be mentioned in my defence witness statement if it went to that stage. They also asking for my bank details to make the transfer……er……also something I would never give them!

        Is this normal, have you heard of them doing this before, and is it even legal/appropriate? I haven’t replied and am assuming I probably shouldn’t, what would your advise be please?

        In relation to my separate email (sent 31st Jan) asking them to actually provide a CCA in my name if it exists within 12 working days, I have heard nothing. Do I just do nothing and wait to hear and some point in the future?

        thank you as always x

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        • #49
          they know they are in trouble under GDPR rules sending somebody elses CCA., leave that bit in sending wrong CCA .

          do not remind the of the CCA , currys just sent me same amount for errors, Bank it,
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          • #50
            Hold up, just let me get this clear. They sent you SOMEONE ELSE'S CCA document and are still using that to threaten an application to lift the stay?

            Take the money, you are safe to provide bank details. This type of complaint/compensation is not that unusual, it means they can comply with audits on GDPR compliance, customer handling, Investors in people etc etc. It is irrelevant to your legal case unless they persist in litigating based on someone elses CCA.
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

            I am proud to have co-founded LegalBeagles in 2007

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
            • 1 thank

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            • #51
              Celestine thank you I will accept the £100
              yep no CCA just a credit application with no T&C’s or key terms on it. X

              Comment

              • #52
                And did they send this alien CCA since sending you the agreement above??

                In regard to YOUR document, they are just relying on the application form with no T&Cs?
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment

                • #53
                  Celestine hi! annual MC action received. This time they have applied to the court for request for the stay to be lifted and judgement made, asking for me to attend a hearing in person.

                  Do I need to do anything at this stage? Presumably I just wait to hear from the court?

                  They sent a load of additional waffle basically saying that they are allowed to use any T&C’s even though they weren’t the original ones or included with the copy of the Credit Card Application (not agreement) that they sent me, quoting a court case that has done this before and won…..

                  The way their whole statement is worded is just so unprofessional and actually quite rude too.

                  Thank you in advance for any assistance.

                  Comment

                  • #54
                    Would you mind emailing me their latest communication please?

                    You can't stop them applying for a stay lift, but you can turn it to your advantage. They will try and go for summary judgment at the hearing, they wont get it if you present your evidence correctly.

                    Have you received a court order yet? What date, where?
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                    • 1 thank

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                    • #55
                      Celestine thank you, I will email it over now. No court order yet, just a Notice of Transfer of Proceedings.
                      • 1 thank

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                      • #56
                        Celestine i resent it again as a zip file and iCloud document. But not sure if you've received it successfully this time?
                        thx
                        • 1 thank

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                        • #57
                          Celestine morning. I have sent you most recent documents via email as now received a court date through
                          welcome any advice. Assuming I need to apply to amend my defence? Thank you

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                          • #58
                            Celestine Hello. I just wanted to check the emails definitely came through as quite a few files attached? Thank u

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                            • #59
                              Hi
                              I haven’t heard anything so just wondered if anyone else can advise on the above please? Thank you

                              Comment

                              • #60
                                echat11 would you be able to help please?

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