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dispute on ccj/credit card debt.

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  • BWG
    started a topic dispute on ccj/credit card debt.

    dispute on ccj/credit card debt.

    Hi
    I have been disputing the legality of the ccj awarded against me as they have not provided me with any proof that the debt is mine and have filed a defence with the court. Below is a copy of the request I sent to them which they keep disputing .

    To whom it may concern
    This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
    I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
    [IMG]file:///C:/Users/aps/AppData/Local/Temp/msohtmlclip1/01/clip_image002.jpg[/IMG]If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
    Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
    I enclose a postal order in the sum of €1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
    If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
    Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any letter before action copies of any documents that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA 1974 was signed by myself in respect of this alleged debt.
    I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.
    Ensure that no telephone calls are made to me.
    Ensure that all correspondence is made in writing.
    I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding Mr R W G----
    I expect to hear from you within 12 working days from the date of this letter.
    Failure to do so will be taken that you have complied with my request and I will consider the matter closed.
    Yours Faithfully
    Mr R W G------

    This is the last letter they have sent to me, can you give me some idea on how to reply.


    Please find enclosed a "List of Transactions" which details expenditure, payments made and the application of interest and charges to your MBNA credit card account 14 February 2002 and 1 6 January 201 2. The ll List of Transactions" confirms an outstanding balance of El 6,1 74.00 and that this was the balance at the time the account was assigned to the Claimant, Arrow Global Guernsey Limited. This balance also correlates with the balance quoted in the Particulars of Claim.
    As stated in our letter dated 20 January 201 6, we are not aware of any properly constituted Section 78 Consumer Credit Act request being made. We have been in receipt of a letter which purported to come from you however as it was unsigned we are unable to respond.
    Now that we have provided you with a breakdown of the outstanding balance we would be grateful if you could can confirm whether you are willing to withdraw your Defence. In order to do so, please complete and return the enclosed form N9A by a date no later than 1 1 March 201 6. If we fail to receive a response, we may be instructed to make an application to strike out the Defence/for Summary Judgment and seek an Order that you pay the Claimantls costs in association with that application.

    hope you can help
    thanks
    BWG
    Tags: None

  • BWG
    replied
    Re: dispute on ccj/credit card debt.

    Hi
    Can one of you learned people suggest an outline or template for a reply to their last letter. Thanks in to everyone with their input on this matter.

    Leave a comment:


  • MIKE770
    replied
    Re: dispute on ccj/credit card debt.

    ditto without the eye test just good glasses

    Leave a comment:


  • charitynjw
    replied
    Re: dispute on ccj/credit card debt.

    IMHO

    It's not intelligible - I can't read it (even when magnified, & I've just had my eyesight tested & OK'd.

    Leave a comment:


  • Amethyst
    replied
    Re: dispute on ccj/credit card debt.

    Agreement - it is missing the rest of the terms ( if you can read any of it it will refer to terms in an accompanying booklet - mention terms that aren't printed on that agreement etc )
    Attached Files

    Leave a comment:


  • BWG
    replied
    Re: dispute on ccj/credit card debt.

    Hi
    This is what reston's have sent in reply to the letter I sent below (I had already sent this letter before I found your site)

    My letter:-

    I wish to fully dispute and contest the ccj awarded to me by yourselves though Northampton County courts on the grounds set out previously.
    With reference to your letter dated 26/02/2016 once again you state that you did not receive a request for a copy of the alleged credit agreement between myself and MBNA. However, please note that the above address is the one which you normally use to communicate my private business to me and have hitherto found to be acceptable. As you have not provided a copy of the alleged agreement between myself and MBNA .I will consider the matter closed if I have no response from you within 14 days from the date of this letter.

    Yours Faithfully

    Their reply :-
    Tuesday March 1 5 2016


    We write in relation to the above matter and upon receipt of your letter dated 09/03/201 6[IMG]file:///C:/Users/aps/AppData/Local/Temp/msohtmlclip1/01/clip_image002.jpg[/IMG]
    We note in your letter you state you will consider this matter closed unless a copy of the original Credit Agreement is provided to you in 1 4 days.
    Firstly, you state that you dispute the County Court Judgment entered against you in this Case. To confirm, no County Court Judgment has been entered at this stage.
    Please find enclosed overleaf a copy of the original Credit Agreement, sent to you within the time scales you set our firm. Please also note, the signature on this copy is similar to the signature on your Defence.
    Now that this has been provided to you along with the transaction log in oor previous letter, we would like to offer you the opportunity to withdraw your Defence by completing the enclosed form N9A within a period of ] 4 days.
    Please be aware that should we fail to hear from you and based on the fact the document you required has been provided to you, we do not believe your Defence has any real prospect of SUCCess and we will therefore recommend to our Client that an application be made to strike out the Defence and to enter Judgment against you for the full amount claimed, together with legal fees and costs.
    We await your response.

    Leave a comment:


  • Amethyst
    replied
    Re: dispute on ccj/credit card debt.

    HI BWG, Apologies for missing your post xx

    Presumably your defence was based on the failure of Arrow to respond to your CCA request ?

    As stated in our letter dated 20 January 201 6, we are not aware of any properly constituted Section 78 Consumer Credit Act request being made. We have been in receipt of a letter which purported to come from you however as it was unsigned we are unable to respond.
    These letters are being send out more and more often now. It seems to be a stalling technique/attempt to make you doubt your defence - I think I'd reply with something along these lines,


    Dear Sirs,

    Claim: XXXXXX
    Arrow Global v BWG

    I am in receipt of your letter dated XX/XX/2016 in which you state you are unable to respond to my formal request (including the 1 statutory fee) for a copy of the credit agreement made under section 78 Consumer Credit Act 1974 as the letter was unsigned. The request was made to your client in his capacity of Creditor. As there is no requirement under the Consumer Credit Act for such a request to be signed, one can only assume you have concerns over Data Protection and wish to satisfy yourselves as to my identity before sending copies of sensitive financial documents to me. Of course, disclosing data without adequate checks of identity is contrary to the Data protection Act 1998.

    I find it confusing therefore that you appear to have been satisfied enough of my identity to enclose in the same letter a full transaction history of an MBNA account allegedly opened in 2002. Additionally you have issued county court proceedings against me, at the same address.

    My request for a true copy of my credit agreement under section 78(1) was made on xx/xx/xxx, and you are aware that your client is unable to enforce the agreement under section 78(6) of the Consumer Credit Act 1974 while he remains in default of my request. Therefore I will not be withdrawing my defence and any application for Summary Judgment will be strongly contested.

    Kind regards

    BWG

    Leave a comment:

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