Way forward now for CCA?

[WendyB]

Re: Way forward now for CCA?

Please have a look at Different Judge's thread. He defended, lost, got a shed load of costs and now today they have applied for a charging order.

[Bitzer]

Re: Way forward now for CCA?

It is a credit card taken out in 1997. Not too sure I would defend in person, would rather wait for them to take me to court and then try and settle the debt.

There is no ppi route to go down, never taken out. I did however reclaim some charges about 3 years ago.

[Caspar]

Re: Way forward now for CCA?

I am NOT in any way, shape or form encouraging you to pursue the unenforeability route. I'm trying to enable you to make an informed decision.

Here are the prescribed terms for a Credit Card. However bear in mind, a small omission such as no credit limit or an administrative error such as wrong initial or birth date, would not render the account unenforceable.

Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following

• Number of repayments;
• Amount of repayments;
• Frequency and timing of repayments;
• Dates of repayments;

The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement


Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit

Thanks to the original author for giving consent to publish these.

[Garlok]

Re: Way forward now for CCA?

Waiting for them to issue proceedings and then attempting to settle is a very risky strategy in my view. Once that claim form comes through the door you are committed to defending, admitting part or all of the debt. You have to do something otherwise as Wendy has said elsewhere they will get judgment by default.

However there seems to be an awful lot missing to me in this. Has there ever been a default notice issued?, is so by whom? was it valid? have they attempted to terminate the agreement on the back of either no DN or an invalid DN? they cannot take enforcement action until they have issued a valid default notice. Termination is usually accepted as being a demand for sums not yet due on the agreement or a demand for payment in full.

This is a tricky area and there is both controversy and differing opinions as to what is the best method to handle this.

Have you made a demand upon the OC and the current chasers under the Consumer Protection from Unfair Trading regulations 2008 for a declaration that they do hold a legally enforcable document for this alleged debt? It is a criminal offence under these particular regs to lie and mislead you. Many DCAs have been frightened away at the first mention of this in their shell likes.

On the settlement route, I would advise it to be most unwise to attempt this alone. Casp and the others know well my stance on this as you are no longer dealing with the relative simplicity of Statute Law, you have entered the minefield of the Common Law of Contract which has the baggage of expensive litigation if you get it wrong or never being shut of the debt or both. In this circumstance always get professional advice and get a solicitor to do the work but understand yourself what it is about. In general they will get a far lower settlement than you will and it will cost you three sols letters four at most if they know what they are doing.

Does the DCA chasing actually own the debt or are they only acting for the OC? If the latter then they have no legal authority or powers whatsoever. It will be irksome but tell them to clear off as rudely as you like. Their only weapon against you is your own fear of what they may do to you and in general legally they can actually do nothing.

If they are claiming to now own the debt in Absolute then demand a copy of the deed of assignment. You more than likely won't get it but it will certainly put them on the back foot for quite a while because you can insist if they attempt a court action.

regards
Garlok
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Oh and sorry I won't be around for a week from tomorrow. we have managed a few days away with no additional responsibilities for the first time in 10years now so I'm not even taking the laptop let alone a desktop.

regards
Garlok

[WendyB]

Re: Way forward now for CCA?

It is a credit card taken out in 1997. Not too sure I would defend in person, would rather wait for them to take me to court and then try and settle the debt.

There is no ppi route to go down, never taken out. I did however reclaim some charges about 3 years ago.

I don't really see what you mean by saying you aren't to sure whether you would defend in person, or wait for them to take you to Court? If they filed a claim against you, then you would have to either defend or admit. Trying to settle at this point, once a claim has been filed, may not be an option. There have been cases recently where the claimant has refused to settle and the defendant has ended up losing, with major costs, which is why I asked you to have a read of DJ's thread.

Or did you mean you wouldn't take them to court? Which is not the same as not defending. You can only defend once a clam has been filed. If you meant you wouldn't take them to court, then the quote I posted earlier of Garlok's applies,.

I know there may be differences as to whether it's a credit card or a loan, but in my opinion the risks of using unenforceability still remain great, no matter which it is.
The questions re DNs etc which have been posed in Garlok's last post need looking into very carefully before you can see what your chances of defending are, if any.

[Garlok]

Re: Way forward now for CCA?

Absolutely Wendy,

If in any doubt at all in the current climate seek specialist professional advice. Research yourself so that you may ask the professional the pertinent questions and make valid judgements as to what they are saying as well.

my few days holiday beckons

see you soon
regards
Garlok

[Bitzer]

Re: Way forward now for CCA?

Have a good holiday Garlok, going to ponder things over the next few days

[CleverClogs]

Re: Way forward now for CCA?

Whilst some LIPs have been successful and whilst some judges have allowed some leeway for LIPs not accustomed to presenting a case, one should always bear in mind that a litigant in person is said to have an ass for a lawyer and a fool for a client.

Perhaps, though, that only applies to persistent LIPs who bring futile and vexatious cases to trial?

[Bitzer]

Re: Way forward now for CCA?

I don't think I will consider seeking professional help, seems to go against the grain of everything I started out to achieve. If the case now is so weak how come the professionals can help?

[Caspar]

Re: Way forward now for CCA?

Because a professional who is an expert in this area will know more than us and will be able to give a professional opinion on your best way forward rather than well intentioned guidance which is what you've received here. We can only say what we think, and if we think the best thing for you is to go to a professional then so be it.

If you are determined to pursue unenforceability by yourself there are sites that specialise in that - hunt in google and you'll find them.

I would still say your best route is professional advice so you know whether you have a strong case or not.