CCA request

[dinky201]

Can't find your specific APR, they say it will be on the back of your 'welcome Letter', have they sent that?

Also has the interest rate changed since you opened the account? (varied the terms).

There is no Welcome letter from Aqua, I did an SAR with Aqua too, no welcome letter. I will check interest rate for you

[dinky201]

yes the interest rates are different in each of the statements.

[echat11]

There is no Welcome letter from Aqua, I did an SAR with Aqua too, no welcome letter. I will check interest rate for you

So they have provided T & C's, but without the prescribed terms, i.e. APR etc.

[echat11]

There is no Welcome letter from Aqua, I did an SAR with Aqua too, no welcome letter. I will check interest rate for you

That means the T & C's has been 'varied', but they haven't provided the latest 'varied' T & C's.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[echat11]

This is your example defence, it needs to be filled in and amended to suit your circumstances, a copy is sent to the Court and a copy sent to the Creditors solicitors, you need to get Proof of Postage. Post up your defence on this thread removing all personal details so it can be reviewed.

https://legalbeagles.info/library/gu...-court-claims/

Fill in the following, so we have more information -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[dinky201]

So they have provided T & C's, but without the prescribed terms, i.e. APR etc.

They suppied terms and conditions https://imgur.com/a/e3QHlFT
Ps the Creditagreement is dated 2018 bottom right corner, terms is dated 2016.

[dinky201]

This is your example defence, it needs to be filled in and amended to suit your circumstances, a copy is sent to the Court and a copy sent to the Creditors solicitors, you need to get Proof of Postage. Post up your defence on this thread removing all personal details so it can be reviewed.

https://legalbeagles.info/library/gu...-court-claims/

Fill in the following, so we have more information -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

1. Yes received claim
2. issue date 24th March
3. Its been acknowledged
4. £1500
5.Claimant: Cabot
6. Solicitor. Mortimer Clarke
7. Original creditor .Aqua
8. Credit Card
9. By an agreement between .......... ltd and defendant on or around 2016 (the agreement) ..........ltd agree to issue the defendant with a credit card. The defendant failed to make minimum payments due. The agreement was terminated following the service of default notice. The agreement was assigned to the claimant. The claimant therefore claims 1.£1500 2. costs

10. a.sent CCA they responded very late past the deadline, with CA, Default notice
b.sent letters to request proof they are legal owners of alleged debt, they failed on this.
c.sent CPR 18 request for the deeds, Credit Agreement, Default Notice, termination notice dead line was Monday, didn't get this response this till tueday after. https://imgur.com/a/lS1E03q

[echat11]

They suppied terms and conditions https://imgur.com/a/e3QHlFT
Ps the Creditagreement is dated 2018 bottom right corner, terms is dated 2016.

O.K., so the APR initially was 44.9%, what is the last interest ('yes the interest rates are different in each of the statement')?

[dinky201]

O.K., so the APR initially was 44.9%, what is the last interest ('yes the interest rates are different in each of the statement')?

Some are 44.9%, some are 37.9% some 34%

[echat11]

Some are 44.9%, some are 37.9% some 34%

O.K. they should have provided T and C's with 34% (should be the last APR on your statements) on them as well.

So you need to work on your defence, it's fairly straight forward - post 20.

You also need to analyse the default notice and letter of assignment if they've sent you a copy.

[dinky201]

O.K. they should have provided T and C's with 34% on them as well.

So you need to work on your defence, it's fairly straight forward.

You also need to analyse the default notice and letter of assignment if they've sent you a copy.

no 34% on T and C I can see, found another statement with 39.9% and thats the last/most recent statement I can find

[echat11]

no 34% on T and C I can see, found another statement with and thats the last and most recent statement statement I can find 39.9%

Basically the T and C's has been 'varied' from 44.9% to 34% and 39.9%. They need to provide T and C's with the last APR as the terms has been 'varied'.

[dinky201]

Basically the T and C's has been 'varied' from 44.9% to 34% and 39.9%. They need to provide T and C's with the last APR as the terms has been 'varied'.

You read T and C? latest on i can find is 39%, the the last one is 34% Stating account suspension.

[echat11]

You read T and C? latest on i can find is 39%, the the last one is 34% Stating account suspension.

Right, you now need to work on your defence.

[dinky201]

I did ask for CA again in CPR but they refused