Completely illegible CCA request - application form Help needed

[sidley]

Hi all,
Having shown this to my daughter (who is a solicitor) her opinion - the attached CCA response - not acceptable in court.

However, I do not wish it to get that far if I can help it. She is not an expert in financial law, so her opinion only goes for what a court would accept as admissible evidence. They do have an expert in their company and I could get 'mates rates' of about 10% reduction (Grrrrrrrrr. solicitors for you).

She says if a claim comes along in the post, then I could ask for a direction to be made for the release of legible (recon or otherwise) agreement, but I would have to wait until it gets to court.

The date on the agreement is 1997

My question is; is there any way before court action to ask the DCA- cough up or shut up!

The scan attached is as bad as the one sent to me. They also sent T&C's dated 2010, which are much clearer, along with notice of assignment( No letterhead on it though) and default notice.

There is a very good reason why I believe I do not owe this money, but I don't want to discuss it here.

Thanks in advance

[Amethyst]

Re: Completely illegible CCA request - application form Help needed

Well you had PPI ... so get that claimed back

What you want to look at is whether it is compliant under the Consumer Credit Act 1974.

They also sent T&C's dated 2010, which are much clearer

They are allowed to do that recon to make it legible where the copy isn't.

So look for any bits in the agreement where they refer to other paragraphs which are in another document and see if those tally up on the recon.
Cross check anything you CAN read on the illegible copy to ensure the T&C's are a true recon.

Was the debt defaulted in 2010 ? - that would scan about right as they tend to wait until almost 6 years before bringing court action.

[sidley]

Re: Completely illegible CCA request - application form Help needed

Hello Amethyst,

Thank you for the quick response,

PPI has been claimed back of sorts. Took me ages to get them to reply/comply. Letters to FoS ICO etc, they only reimbursed me for 6 years. They said that was what was legally required of them, if I wanted to go back further than that I would need documented proof of what and how long I paid for (alas I didn't have that). During that time they kept on putting penalties and interest on top of interest bumping up the amount I owed. Eventually, when they did pay the 6 years of PPI back they took it straight off the debt.

I had no problem with that, but while they were fannying about with the PPI investigation up went the debt. If they had reimbursed me without all the delays then that amount would have cleared the debt owed. I asked them to reduce it to zero because of the time it took, but alas, they said no and more or less implied that I would need to take them to court. After consulting with solicitor who said I had a probable case, but if I failed I could end up losing thousands more.
I decided not to go to court as I couldn't afford to lose anymore.

I do not believe that they are recon T&C's at inception but the varied T&C's. Secondly, I can not read any of the agreement to check it!

Thank you for your help.

[sidley]

Re: Completely illegible CCA request - application form Help needed

The default was 2011, it was at that time I became unwell and tried to claim on the PPI but was told that as self-employed it did not cover me.

[charitynjw]

Re: Completely illegible CCA request - application form Help needed

The default was 2011, it was at that time I became unwell and tried to claim on the PPI but was told that as self-employed it did not cover me.

Default as in a CCA 1974 Default Notice, or default as in an entry onto a Credit Reference Agency?

[sidley]

Re: Completely illegible CCA request - application form Help needed

Hello charity,

Sorry to confuse, I meant when I could not pay them any longer, the default notice was from Mercer's august 2011, for the then full amount (ie not minus the PPI claim). There is no entry in the credit reference(experian).

Thanks for all your help.