pre 2007 credit agreements

[daisymeg]

Re: pre 2007 credit agreements

Good afternoon,

Robinson Way usually act for their parent company is that the case here?
Send a CCA request to RW, but please follow the following steps as RW et al / Cohen, tend to deliberately complicate CCA request.

1. Use a postal order for £1 clearly marked on both sides " For Statutory Fee Only" as RW have the habit of allocating fees to the debt.

2 Copy both sides of the PO and keep for your record.

3. There is a template for the request in the green box above. Given the abuse by RW I suggest adding the following to the template.

" Please take note the attached £1.00 Postal Order No..................................: is for the statutory fee for the request for information made under the provisions of sections 77/78 of CCA 1974 it is not and must not be allocated as a payment to the alleged debt;
If the fee is not required it must be returned to me forthwith.

RW has 12 + 2 working days to comply.

RW could attempt to use a reconstituted agreement but it would be a judges decision as to the merits of the recon.

Did you receive a Default Notice from Barclaycard or its in house collectors Mercers Debt collection?

Mercers issued DN's on its own letter head not Barclays and so were invalid.

nem

Hi Nem

I'm very interested in this thread as just about to go through exactly the same. Why are DN's on Mercers own letter head invalid? Why does it have to be on Barclays letfer head. Thanks

[charitynjw]

Re: pre 2007 credit agreements

Hi daisymeg

http://www.legislation.gov.uk/uksi/1983/1561/made

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

s2(2)

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer..........................

[jaysinc111]

Re: pre 2007 credit agreements

Hi All

I too am going through a similar situation with a credit agreement from July 2000 signed by myself but not the OC with differing interest rates and confusing T&C's. I am at the stage where I have been directed to issue and Unless Order for not providing the documents requested. My CPR31.14 request was ignored and my defence has already been submitted. I wrote to the OC solicitor drydensfairfax suggesting they cease the action otherwise I will apply for a strike out. They responded within 2 days sending me a bundle of docs inc the CCA I requested from the OC (RBS) together with various communication I have had with them last year and also sent 5 years of statements. They wrote saying that this documentation proves that I accept the debt and they will defend it and claim costs. I am wondering whether this is going to be worthwhile as it seems they will win their case with the information they have.
Any guidance would be useful at this stage of the game.
Regards

[nemesis45]

Re: pre 2007 credit agreements

Hi All

I too am going through a similar situation with a credit agreement from July 2000 signed by myself but not the OC with differing interest rates and confusing T&C's. I am at the stage where I have been directed to issue and Unless Order for not providing the documents requested. My CPR31.14 request was ignored and my defence has already been submitted. I wrote to the OC solicitor drydensfairfax suggesting they cease the action otherwise I will apply for a strike out. They responded within 2 days sending me a bundle of docs inc the CCA I requested from the OC (RBS) together with various communication I have had with them last year and also sent 5 years of statements. They wrote saying that this documentation proves that I accept the debt and they will defend it and claim costs. I am wondering whether this is going to be worthwhile as it seems they will win their case with the information they have.
Any guidance would be useful at this stage of the game.
Regards

Good afternoon.

In reference to the documents you have received, how is the agreement described as a " reconstituted " agreement, a true copy?
Please post a suitably redacted copy of the agreement here it will assist getting you the best advice.

nem

[jaysinc111]

Re: pre 2007 credit agreements

Thanks Nem
Please see the attached for the copy of agreement and one set of T&C's (copies) . Hope this helps

intro ltr.jpgReverse P1.jpgT&C P1.jpgT&C P2.jpg

[nemesis45]

Re: pre 2007 credit agreements

Thanks Nem
Please see the attached for the copy of agreement and one set of T&C's (copies) . Hope this helps

[ATTACH=CONFIG]24235[/ATTACH][ATTACH=CONFIG]24237[/ATTACH][ATTACH=CONFIG]24238[/ATTACH][ATTACH=CONFIG]24239[/ATTACH]

Ok Agreement signed 2000? and only one set of Ts &C's ?

nem

[jaysinc111]

Re: pre 2007 credit agreements

Yes Nem that's all I was sent along with a recent credit card statement

[nemesis45]

Re: pre 2007 credit agreements

Yes Nem that's all I was sent along with a recent credit card statement

The t's & c's must have changed somewhat since 2000 so I'm wondering if the set you have is the " current " ones and they now don't have the originals.

I wonder if [MENTION=6]Amethyst[/MENTION] would know as she has some old contracts to refer to.

nem

[jaysinc111]

Re: pre 2007 credit agreements

Nem
I have sent Amethyst a private message re this

[Amethyst]

Re: pre 2007 credit agreements

RBS Advanta changed to Mint in 2003 so I would surmise those terms and conditions are the correct ones for the age of the account.

[nemesis45]

Re: pre 2007 credit agreements

RBS Advanta changed to Mint in 2003 so I would surmise those terms and conditions are the correct ones for the age of the account.

As the RBS Advanta agreement was signed in 2000 should there not be tw0 sets of T's and C's [MENTION=6]Amethyst[/MENTION] ??

nem

[Amethyst]

Re: pre 2007 credit agreements

There should be a later set - terms as varied (and presumably they varied when it changed to Mint at the very least ) yes, so you can bug them for those.

But the originals look compliant to me - ie. I wouldn't go into court just arguing they hadn't provided the varied later terms - although they have failed to fully comply with the CCA 78 request - so you can use that as a negotiating point if you were looking at settlement.

They provided a statement of account too didn't they?

[jaysinc111]

Re: pre 2007 credit agreements

Ok So what is the next best move? I understood that pre 2007 agreements would not be enforceable for one reason or another.

Am I on a hiding to nothing by pursuing this defence and applying for an Unless order?
drydens fairfax seem pretty resolved to see this through even though I believe to all intents and purposes they really are debt collectors and my subsequent enquiries into the firm seem to corroborate this. Any guidance here would be most appreciated.

[jaysinc111]

Re: pre 2007 credit agreements

Yes, they provided the latest account statement and also drydens provided the last 5 years statements in their bundle.
I understood pre 2007 agreements were not enforceable for a number of reasons. Is this now not true? What other alternatives are there to try and bring conclusion to this case?
drydens appear no more than a DCA and my enquiries into the company seem to confirm this. Am I on a hiding to nothing despite the fact they disregarded my CPR 31.14 request?

[jaysinc111]

Re: pre 2007 credit agreements

Thanks Guys
What is the next step I should take as drydensfairfax is adamant on taking this all the way. I have already filed my defence which they refer to as spurious and now I seem to be in abeyance.
Any help will be much appreciated
Regards