Help Needed

[paulaw2212]

Hello - I am hoping I can get some advice.

In summary in November 2016 I received CCJ paperwork for a catalogue debt with Very. I wrote to the court as I did not have a credit agreement for this debt and had not received one despite asking for it many years ago. The court informed me that they had passed my request onto the claimant and if I didn't hear from them in 30 days the case would be closed.

The solicitor for the claimant has now written to me enclosing -

A reconstituted copy of the agreement
The terms and conditions of the agreement
Statements

I am now being told that I need withdraw my defence as it is without merit. Can someone please advise the best course of action?

Many thanks

[nemesis45]

Re: Help Needed

Hi Welcome to KB,

A reconstituted agreement must have:

1. Your name and address as it was when the account was opened.

2. The original creditors details relevant when the account was opened.

3. The terms and conditions relevant on opening

4. Ditto on closure.

5. Any other documents mentioned in the T's & C's.

Please post up copies of the documents after removing any personal data then we can see if the recon is correct or not.

nem

[paulaw2212]

Re: Help Needed

Thank you for your reply - please see attached - please note my name and address are only on the first page. Accordingly to the solicitor letter, the agreement was entered into on 19th February 2006 - if that helps?

Thanks once again, Paula

[nemesis45]

Re: Help Needed

Thank you for your reply - please see attached - please note my name and address are only on the first page. Accordingly to the solicitor letter, the agreement was entered into on 19th February 2006 - if that helps?

Thanks once again, Paula

Sorry for some reason the attachment will not open /download.

Do you have two distinct sets of Ts & C's do all clauses number correct or are there some terms/conditions mentioned but do not appear.

Was a signed current statement of the account provided/

nem
[MENTION=49370]Kati[/MENTION] Can you help with this attachment please?

[paulaw2212]

Re: Help Needed

Hi Nem - thanks once again for your reply - I have two documents - both headed up as credit agreement regulated by the Consumer Credit Act 1974. The first document is one page and the second document is 2 pages. The two page document does not have any of my details - no name etc.

There is also a summary of transactions page provided.

[Kati]

Re: Help Needed

@Kati Can you help with this attachment please?

is this better Nem??

[nemesis45]

Re: Help Needed

Hi Nem - thanks once again for your reply - I have two documents - both headed up as credit agreement regulated by the Consumer Credit Act 1974. The first document is one page and the second document is 2 pages. The two page document does not have any of my details - no name etc.

There is also a summary of transactions page provided.

I suspect that there's some more t's & C's than can be on one page.

Perhaps a call to very to see if they can throw some light on this.

Alternatively a subject access request under the provisions of the Data Protection Act 1998 to very might turn something up, but the drawback is a £10 fee to pay and 40 days for compliance.

I have asked [MENTION=49370]Kati[/MENTION] of the LB team to try and put up the attachement.

nem

- - - Updated - - -

is this better Nem??

Thank Katixx

[nemesis45]

Re: Help Needed

Hi Nem - thanks once again for your reply - I have two documents - both headed up as credit agreement regulated by the Consumer Credit Act 1974. The first document is one page and the second document is 2 pages. The two page document does not have any of my details - no name etc.

There is also a summary of transactions page provided.

I'm not sure that the single page is the complete article it looks like a template with your details possibly entered later.

I'll see if someone else can help.

nem

[paulaw2212]

Re: Help Needed

Thanks Nem - the only documents which the solicitor has sent me are (according to his letter) -

A reconstituted copy of the agreement
The terms and conditions of the agreement
Statements

The only pages which haven't bee scanned are a page which is an account summary with goods ordered, payments and adjustments in the last three years and an income and expenditure form as the solicitor is saying that I need to withdraw my defence as it is without merit and put forward reasonable offer for repayment.

Please let me know if you need anything else?
Thanks,
Paula

[nemesis45]

Re: Help Needed

Thanks Nem - the only documents which the solicitor has sent me are (according to his letter) -

A reconstituted copy of the agreement
The terms and conditions of the agreement
Statements

The only pages which haven't bee scanned are a page which is an account summary with goods ordered, payments and adjustments in the last three years and an income and expenditure form as



the solicitor is saying that I need to withdraw my defence as it is without merit and put forward reasonable offer for repayment.

Please let me know if you need anything else?
Thanks,
Paula

Hi Paula,

Does the accounts summary mention defaults or last payment dates?

nem

[Diana M]

Re: Help Needed

in November 2016 I received CCJ paperwork for a catalogue debt with Very. I wrote to the court as I did not have a credit agreement for this debt and had not received one despite asking for it many years ago. The court informed me that they had passed my request onto the claimant and if I didn't hear from them in 30 days the case would be closed.

. . . . I am now being told that I need withdraw my defence as it is without merit. Can someone please advise the best course of action?

Can you clarify did you send a formal s. 77-79 CCA Request with the £1 statutory fee when you asked for the credit agreement "many years ago"? If so what did you get back then (if anything) regardless of what you've been sent now? Also to whom did you send the request (if you did)?

Did you send a CPR 31.14 Request to the solicitors (who are they?) when you received your claim? If so did you ask for the Default Notice and Notice of Assignment?

This claim is currently stayed so you don't have to do anything as far as court proceedings are concerned unless the Claimant pays to lift the stay and continue with them.

Di

[paulaw2212]

Re: Help Needed

The accounts summary has my details at the top - name and account number, date opened, default date and balance.

Under that there are summary of transactions in the last 6 years - broken down into debits, goods, interest, delivery etc, payment and credits.

Under that is three columns with goods ordered (dated from 02.10.10 to 21.12.10), payments (dated from 17.03.07 to 24.10.11) and adjustments (dated from 08.03.07 to 26.10.07)

Hope this makes sense?
Thanks, Paula

[paulaw2212]

Re: Help Needed

Hi Di,

I originally wrote to Capquest in 2013 with a CCA request and they didn't reply. This is what I based my defense upon when I received the CCJ form in November 2016. The solicitor has now sent me the documents which have been attached plus a letter which they claim was sent on 27th November 2013 but it is not on headed paper. The letter from 2013 says they sent me reconstituted copy of the credit agreement, terms and conditions and statements. I assume the documents which the solicitor sent me are the same.

The claimant solicitors says that they have reviewed my defence and that it is evident that heir client complied with my request for documents, Therefore my defence is without merit and I need to withdraw my defense.

Thanks,
Paula

[paulaw2212]

Re: Help Needed

Hi Di,

Sorry in answer to your other questions - I just replied to the court form and Shoosmiths LLP Solicitors have now contacted me.

Thanks, Paula

[Diana M]

Re: Help Needed

I originally wrote to Capquest in 2013 with a CCA request and they didn't reply. This is what I based my defense upon when I received the CCJ form in November 2016. The solicitor has now sent me the documents which have been attached plus a letter which they claim was sent on 27th November 2013 but it is not on headed paper. The letter from 2013 says they sent me reconstituted copy of the credit agreement, terms and conditions and statements. I assume the documents which the solicitor sent me are the same.

The claimant solicitors says that they have reviewed my defence and that it is evident that heir client complied with my request for documents, Therefore my defence is without merit and I need to withdraw my defense.

I think you're saying that Shoosmiths have sent you a letter which they claim was sent to you by Capquest in 2013 confirming that what they were enclosing was a reconstituted credit agreement plus some other documents.

It appears you're surprised because you don't recall receiving that letter plus documents from Capquest.

One way to settle this is for you to send a SAR to Capquest to see if there's anything in their files to support this (letters do get lost in the post).

The claim is currently stayed. You're being put under pressure to withdraw your Defence. A solicitor would answer with "we don't litigate through correspondence" but I don't recommend you do that because it'll only wind them up so they'll take it out of stay.

Di