CCA letter - Help needed please.

[coolster]

Hello,

After much frenzied research using this excellent forum I'm feel I'm at the stage where I need a little help before commencing what I'm sure will be a bit of a battle.

Briefly, I've received a Claim form from Reston's solicitors for an MBNA credit card debt. This claim quickly followed a letter from Reston's telling me they were representing MBNA. They also wanted to know income v outgoings and offered me a reduced figure for early settlement - amount not known. I replied by explaining I was in a DMP with Payplan which MBNA had as far as I know accepted and I had been paying into for about a year.

I intend to dispute the claim at this stage and will shortly return the Acknowledgement of Service with my defence. But, I need help with the first course of action in asking for the copy of the CCA - I understand that the CCA should contain the details of 1. Repayments 2. Rate of Interest and 3. Details of Credit limit.

Can anyone point me in the direction of a recent (tried and tested) example letter or template for making the CCA request? I want to make sure I'm using the correct statute as well as making sure I'm asking for everything I'm entitled to and within the correct time scale.

Also, is this all I should be doing at this time, specifically - issuing a CCA request and acknowledging service of the claim by stating I will be making a defence.

Thanks very much.

[TiredofPaying]

Re: CCA letter - Help needed please.

Hi Coolster, if you've received a blue N1 form from Northampton CCBC then you can use CPR 31.14 to ask for the documents mentioned in the Particulars of Claim on the N1 (if they've mentioned the agreement). I am told that this is better than using a request under s77/78/79 of the CCA. If you can't find a CPR31.14 letter then I'll dig one up that I used recently. No guarantee that it will work in the timescale that it should but it might. It's a starting point. Somebody with a bit more knowledge may dive in with a better solution.

One thing that is very interesting is that Reston's opening gambit is to offer discount. Now I might be wrong but that hardly sounds like somebody starting from a position of strength. Have you had all the 'usual' paperwork like Default Notices, Termination letters?

ToP

[BillandBen]

Re: CCA letter - Help needed please.

Hi

When did you receive the caim form? You need to acknowledge within 14 days (plus either 3 or 5 not sure which, but it will be on the forms, for postage) Then you get another 14 days to send your defence.

You need to send off a CPR request ASAP. This requires them to send you all of the information that they are relying on in court. This should include your CCA.
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[coolster]

Re: CCA letter - Help needed please.

Thanks so much for your replies.

The claim form was received on the 10th, issue date 4th August. Apparently I can acknowledge online using a code and password provided with the N1CPC form, if that doesn't work I'll send the acknowledgement by first class recorded delivery on Monday.

I'll look for a CPR31.14 now but if you have one ready to hand that would be great.

[TiredofPaying]

Re: CCA letter - Help needed please.

What's Automerged doublepost?

[coolster]

Re: CCA letter - Help needed please.

The claim form is from the Northampton Bulk Centre. I've found a CPR 31.14 at

http://www.consumerwiki.co.uk/index....Your_Advantage

I can adapt this unless you know of a better one out there?

And sorry, not sure what POC is - although I understand CPR is Civil Procedure Rules.

Thanks again.

[BillandBen]

Re: CCA letter - Help needed please.

ToP, I'm female so neither Bill or Ben lol...

You have said what I was trying to say but a lot more eliquantly (been a long day ) Thanks for the days allowed for postage. Not seen an N1 for a few months so wanted to make sure.

Coolster, can we please see you POC that is on the N1? We will also need a full background to the account.

[TiredofPaying]

Re: CCA letter - Help needed please.

Sorry, just getting the hang of this system.

Send any letter by 'signed for' delivery and print out the Proof of Delivery (POD) from the Royal Mail website. File away carefully!

ToP

[BillandBen]

Re: CCA letter - Help needed please.

POC - Particulars of Claim

[TiredofPaying]

Re: CCA letter - Help needed please.

Hi, B&B I'm all for role reversal! The alternative character from that wonderful prog was Little Weed, which may not be appropriate in your case. I knew about the N1 service times because I just happened to have one in front of me as I posted an embarrassed defence earlier... Yes, it has been a long day!

Coolster, remember to remove your personal details, any bar codes from your docs. Try and use a software package that cuts out the details rather than just blocking them out as they can be reversed. Don't want everybody to know now do we?

ToP

[coolster]

Re: CCA letter - Help needed please.

Hello,

Document scanned and attached. I've taken out the exact amounts to avoid identification by anyone but it's >£11k. The account was opened in 2001.

Do you need any other information? If I was served a default notice I haven't received it.

I've been with Payplan about a year paying monthly to MBNA without problem until now.

[TiredofPaying]

Re: CCA letter - Help needed please.

Hi Coolster, just looking at the N1 I see that it's a bit vague " a contract about..." and no mention of whether it was regulated by CCA 1974. If it was regulated by CCA 1974 then they can't claim interest under s69. From what I see I would guess that they don't have a contract otherwise they would have been a bit more precise and quite hard with their demand. This week I've had a similarly vague claim from a different bank and I acknowledged the claim then filed an embarrassed defence to say that I did not have a clue to what they were referring and they should provide the contract otherwise I would ask the court to strike out their claim as they're obviously on a fishing trip. In your case I would say that their opening gambit of offering a discount suggests they do not have a strong case at all but that just my opinion and I'm not a solicitor. No doubt others will have their opinion. BillandBen - what do you think? Or anybody else for that matter.

ToP

[TiredofPaying]

Re: CCA letter - Help needed please.

Just spent the last 10 minutes doing a post about SAR and lost it when I went to look at the N1 again. Curses!

If it were me then I would send a Subject Access Request (SAR) to MBNA with a £10 postal order which should get all the data that they have on you. This includes the CCA, if they have it and a log showing all the letters they've sent. It probably won't show copies of the letters as they will use template letters into which they will add dates, amounts etc but you should be able to see when they created a DN, when it was posted, what dates and amounts were added to it. You should also get a copy of your statements so that you can see if they've been charging you penalties and/or PPI. If they have charged you penalties or PPI when you didn't want it then it's good fun to work out much they might have to return to you with interest. True, it might just be set against your debt but every little helps! Best £10 you'll spend in this game. That's only my personal opinion. The only problem with SAR is that you could end up waiting the 40 days and not get everything as they might not find everything. If you think they're taking the p*** you can complain to the Information Commissioner's Office, the FSA and your local Trading Standards Office. You have control.

ToP
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Oh and keep every scrap of paper you collect along the way. Every receipt, every POD. All neatly filed away... That way when you get before a judge and the opposing solicitor or barrister says "We didn't receive that letter, sir" you can whip out all the receipts and ask the solicitor or barrister to read out what it says on the little piece of paper from the Post Office or the POD from the RM website. They like making you sweat as you're in a strange environment but there's nothing to say that you can't bring them down to your size every now and again. Restore's the balance... A solicitor once said to me that "the devil's in the detail". You know what - he was right!

ToP

[coolster]

ToP,

Thanks again for your help with all this.

Would you have a SAR template that I could adapt?

If I send the SAR off should I mention this in my acknowledgement of service and will the court wait for it to be returned to me?

[BillandBen]

Re: CCA letter - Help needed please.

No the court won't wait for a SAR... You MUST stick to the date deadlines that are in yout N1.

You must get your CPR request off and it's free ... You could SAR, but it may produce the the same info as CPR.