Mediation

[elwoodblu]

Re: Mediation

Thank you for your swift reply. I will wait and see what progresses. Regarding the Agreement, can they not simply provide a generic one?

[charitynjw]

Re: Mediation

Regarding the Agreement, can they not simply provide a generic one?

No.

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

[elwoodblu]

Re: Mediation

From the document you linked too

(2) The firm can reconstitute a copy. It can do this by re-populating atemplate of the relevant agreement form with the details of thespecific agreement taken from its records. If the firm does provide areconstituted copy, it should explain that that is what it has done, toavoid misleading the customer that this is a contemporaneous copy.

So does this mean that basically they can fill in a new agreement with my details retrospectively?

I'm sorry to press on with this, but it is important that I fully understand, because if this is so, then despite having paid them far in excess of the original sum owed, I will have to come to some agreement, via mediation.

[elwoodblu]

Re: Mediation

Thank you for your advice so far, it has been appreciated.

I received a letter from the claimant this morning informing me of a court date on the 5th Aug 2016, this is the first I have heard. I have had no confirmation from the court itself.

They will not be attending instead the have sent a letter of submission. Basically they still haven't produced a credit agreement although they referring too a reference number, is this sufficient for my request for a copy? They also claim that because I have paid via SO then this shows I was aware of the debt. I am not contesting this. They claim my defence is taken from a get of debt free website

They also claim that I have not paid the £1 fee but I have.

Any further help on this is appreciated

[nemesis45]

Re: Mediation

Thank you for your advice so far, it has been appreciated.

I received a letter from the claimant this morning informing me of a court date on the 5th Aug 2016, this is the first I have heard. I have had no confirmation from the court itself.

They will not be attending instead the have sent a letter of submission. Basically they still haven't produced a credit agreement although they referring too a reference number, is this sufficient for my request for a copy? They also claim that because I have paid via SO then this shows I was aware of the debt. I am not contesting this. They claim my defence is taken from a get of debt free website

They also claim that I have not paid the £1 fee but I have.

Any further help on this is appreciated

Hi Please post a copy of the letter you have received asap.

nem
[MENTION=5553]charitynjw[/MENTION] can you take a look please.

- - - Updated - - -

Thank you for your advice so far, it has been appreciated.

I received a letter from the claimant this morning informing me of a court date on the 5th Aug 2016, this is the first I have heard. I have had no confirmation from the court itself.

They will not be attending instead the have sent a letter of submission. Basically they still haven't produced a credit agreement although they referring too a reference number, is this sufficient for my request for a copy? They also claim that because I have paid via SO then this shows I was aware of the debt. I am not contesting this. They claim my defence is taken from a get of debt free website

They also claim that I have not paid the £1 fee but I have.

Any further help on this is appreciated

Hi Please post a copy of the letter you have received asap.

nem
[MENTION=5553]charitynjw[/MENTION] can you take a look please.

[elwoodblu]

Re: Mediation

Sorry I have only spotted this reply this morning. I hope I have attached the image ok.

I have paid the £1 fee and can show that. They still have not produced the credit agreement instead just quoted the original account number.

Any help in how I should proceed with this tomorrow would be gratefully appreciated.

[elwoodblu]

Re: Mediation

I know I posted this morning but I was hoping for some advice before court tomorrow.

[charitynjw]

Re: Mediation

Sorry I have only spotted this reply this morning. I hope I have attached the image ok.

I have paid the £1 fee and can show that. They still have not produced the credit agreement instead just quoted the original account number.

Any help in how I should proceed with this tomorrow would be gratefully appreciated.

I know I posted this morning but I was hoping for some advice before court tomorrow.

Hi
@nemesis45 - I've been AWOL for a few days, so missed this.

What happened? (If you ( [MENTION=84848]elwoodblu[/MENTION] ) correctly submitted a CCA request which the claimant has not complied with, the case should not have been heard)

[nemesis45]

Re: Mediation

Hi
@nemesis45 - I've been AWOL for a few days, so missed this.

What happened? (If you ( @elwoodblu ) correctly submitted a CCA request which the claimant has not complied with, the case should not have been heard)

Hi, [MENTION=5553]charitynjw[/MENTION] been committed myself since Friday PM just back I'll look through all tomorrow just knackered now.

nem

[elwoodblu]

Re: Mediation

Sorry for the delay in responding only received the judgement this morning. We couldn't attend court because I only realised the date when we received the claimants written application, which was two days before the court date. My mistake as I hadn't realised that the mediation letter also had a court date. My wife is a carer for her mum and we had a hospital appointment we couldn't cancel at such short notice. Any way we submitted our defence, basically saying we had paid all that was owed and we hadn't received a copy of the credit agreement as requested. We received the judgement this morning and the reasons are attached.

So good news at last. Appreciate the advice given here as I probably wouldn't have won without it. Now I just have to hope they don't appeal

[elwoodblu]

Re: Mediation

Sorry it seems I've messed the attachment hopefully this is better.

[nemesis45]

Re: Mediation

Good result Elwood!!
I don't think the would get leave to appeal.

nem