Solicitors letter requesting a signed copy of CCA

[transformer999]

Re: Solicitors letter requesting a signed copy of CCA

Hi maxwin, Niddy asked me to post up my defence again on my thread as it may be of some help to you.

First of all stop worrying and panicking, save your energy for getting things together and sorted out. If you carry on worrying and stressing it will only bog your mind up with more crap than you need. I know at times it is easier said than done, but trust me, it will get better.

OK, you messed up, who hasn't, and you need to get your mind and health fit and able to tackle this problem your up against. Where there is a will there is a way, just that you have to find it. I hope you find my long drifted defence useful, I know it is quite long, but seeing as HSBC have gone to so much trouble in issuing proceedings against me I thought that the least I could do was let the court know EVERY LITTLE DETAIL of how we arrived at the steps of the court.

If you need some encouragement, watch ROCKY V DRAGO, EYE OF THE TIGER!!!!!!!!

Get up and get ready for a fight. If you need any help let me know, even though I am up to my eyeballs in all of this I am sure I can help if I can.


My link to defence

viewtopic.php?f=59&t=705

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

Thanks Transformer 999, I've been reading up on the legalities...
Just to need to clarify a few things such as do i send off a cpr 31.14 and a cpr 18 ( looks as though its just the CPR 31.14) I'll be updating my legal knowledge a bit more tomorrow, but 1st thing Monday the AOS and the CPR letter to the DCA/solicitor goes off special delivery.
Thanks again for the words of encouragement and the sample defense.

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

It's cpr31.14 only.

Sorry not been round much but I'll check in tmw. I did contact Paul as well.

Tried a bribe, lol.

Hope he can pop in.....

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

Thanks Niddy,
If you do get a chance to look at this today these are the things I am going to do first thing tomorrow, can you please check that I am doing the right thing?
1) send off the AOS and tick the box " I intend to defend all of this claim"
Print my name where it says SIGNED and put in defendant where it says POSITION OR OFFICE HELD.
I am not putting my telephone number in for the same reason I am printing my name and not signing ( i.e. that when i phoned the court they told me that the solicitors can request a copy of the AOS!)
2) send off a CPR 31.14 to the "solicitors" with a copy to the claimant (i.e. the bank) both to be sent recorded delivery.
In the CPR 31.14 i will only ask for the documents mentioned in the POC ( i.e. The agreement and the default notice)
Cheers

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

ya
1) On the AOS what does " i intend to contest jurisdiction" mean? do i tick this box as well as " i intend to defend all of the claim"
2) Should I send off both a CPR 31.14 and a CPR 18 to the RBS? ( no doubt the bank will probably write back and say they need a SIGNED request again!)

It should be form N9?

3) When i defend the action should I make a counterclaim or should I just leave section 4 blank?

Leave Blank.

4) Are there any sample defenses i could take a look at that anybody knows of?

See above from transformer999

Just on the etiquette side am I best starting new threads or should i just continue with this one.....

continue here ;-)

Hopefully as i learn more i'll be able to come out the other side of this okay and be able to help other people who are in the same boat, but at the moment its a bit daunting

Excellent, thanks - we need more helpers gh

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

Hiya

Regards to signing - you DO NOT NEED TO and the ICO recognise this and therefore confirm no signature is necessary when the lender has already communicated with you. Usually we stipulate the following:

the Consumer Credit Act 1974 does not require that i supply you a copy of my signature. If it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you. However, to date you have happily sent statements and correspondence containing extensive sensitive private information to the same address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

This relates to DPA1998 (disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998.)

• If you admit the claim, you use the the admission form - N/A[/\*]
• If you admit part of the claim, you use the admission form and the defence form - N/A[/\*]
• If you dispute the whole claim you use the the defence form - YES[/\*]
• If you contest the court’s jurisdiction or require 28 days (rather than 14) from the date of service to prepare your defence, use the Acknowledgement of Service - YES[/\*]

You complete the two parts shown in red above!

The Acknowledgment of Service is the form you'd use, IF you're contesting the jurisdiction of the court - or IF you need an extra 14 days to compile your defence - if so you'd also get an extra 14 days to get the paperwork together.

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

Also see here: ---> http://www.hmcourts-service.gov.uk/onli ... onding.htm

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

Okay Folks, just an update.
I have sent off the AOS and the court have confirmed that i have until Christmas Day! to file my defence ( you couldn't make it up LOL.)
I have also sent off the CPR 31.14 request to the solicitors asking for info from their Client, but you guessed it not even a reply! even though I know it was signed for! ( they're not even using that old chestnut - you have not signed the request - just nothing....)
looks as though I will have to put in a holding defense ( embarrassed) as i do not have a copy of the CCA or the default notice.......
Will keep you posted

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

Best of luck, shame they can't be the ones doing the embarassed defence, being they ought to be bloody embarassed!

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

LOL
Thanks Niddy for your help and support with this.
I just thought on, after signing the CCA and the CPR31.14 requests digitally to stop my signature being transposed on to a reconstituted agreement. What's to stop them taking the signature from my statement of truth/defense? thus all my efforts will have been in vain. What do you think?

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

When you complete any paperwork, you alter your signature slightly, for instance on everything related to the court just add an extra digit or letter somewhere, like if your name was smith you could sign smyth - deliberately to see if it was copied. It doesn't matter, legally, how you sign your name so long as not to benefit by deception which is NOT what this is about - you're doing something to safegaurd your signature from being manipulated by a known perpetrator of the copy/paste feature

[billypre]

Re: Solicitors letter requesting a signed copy of CCA

Sign it left handed and you can say you injured your right hand the day before or vice versa if left handed of course

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

;;L ;;L ;;L ;;L

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

Sign it left handed and you can say you injured your right hand the day before or vice versa if left handed of course

Or get a mate/family member to sign using your name!