SeaSaw Diary

[ATW]

Re: SeaSaw Diary

If you send it over to me along with the default notice i will have a quick look and see whether it looks like you have a defence. Email address is as per Undercover Elsa post.

[CleverClogs (RIP)]

Re: SeaSaw Diary

Did HFC ever deign to comply with the CCA request?

If their sole response was to demand a signature "to prove that Seesaw was the debtor", would it then be reasonable to sue without that proof?

[PlanB]

Re: SeaSaw Diary

Received letter from HFC regarding Beneficial Finance, proof of Identification copy of driving licence or passport and signed request. Don’t think I’ll be sending that. They have sent my cheque back.
This loan is 99% now its , am I correct in saying I should send CCA Request Demand of signature letter and cheque to Beneficial Finance not HFC.

I've found this post from April 2012 which indicates that this claim relates to a Beneficial Bank loan taken out in 2008 then subsequently sold on to HFC.

It looks like SeaSaw sent a s.78 CCA request to HFC and then got into an argument about the lack of signature.

It doesn't say why the status changed from enforceable to unenforceable which we need to know.


This is post #4 in his diary:


HSBC Beneficial Finance
Type of account Loan
Date commenced Sep 2008
Approx balance 9635.56
Date last paid Don’t know. Last £1 03/12
Arrangement £5 for 3 months
Status Not in default YET
Account owner Lender BF
This Loan was taken out to pay original loan which was taken out in 2005, PPI for 2007 onwards been paid back, Will need to put claim in for PPI 2005 forms have been sent to us don’t know where to start with them.
This account was paying, £1 token until they rang OH he said he would pay £5 month. Dummy here gave card details so they could take the £5 a month for 3 months. No PIP taken out.
Went to bank to stop it but can’t until 3 months up then will.
Warning never give your debit card details over phone to any Anker, because bank cant stop it.

03/12 set up 3 months payment.
4/4/12 CCA Sent to Benny
4/12 Letter from HFC request for Signature
4/12 Sent CCA request demand of signature letter.
5/12 Letter HFC request for signature and idenity. Filed
5/12Letter from BF
5/12 Ltter from BF accoount remains overdue.
7/12 Sent CCA Reminder - Unenforceability Threat

[Undercover Elsa]

Re: SeaSaw Diary

Good points. Seesaw, you also need to dig out your mail and see if they sent a "Letter Before Action".

[CleverClogs (RIP)]

Re: SeaSaw Diary

Good points. Seesaw, you also need to dig out your mail and see if they sent a "Letter Before Action".

Whilst that legal nicety should have been followed, any apparent non-compliance with that step might not be fatal to their claim - they could aver that they had sent a LBA by second class post and assumed that it had been delivered by five working days hence.

However, if they had refused to comply with a CCA request and issued the claim whilst still in default of that request, they should be reported to the Fundamentally Clueless Authority at once.

[Undercover Elsa]

Re: SeaSaw Diary

I totally agree Cloggy. I know that there is no requirement for a signed request within the CCA, but has it ever been tested in court whether refusal on the basis of lack of signature is a valid reason for non compliance with a s77-79 request?

[CleverClogs (RIP)]

Re: SeaSaw Diary

I totally agree Cloggy. I know that there is no requirement for a signed request within the CCA, but has it ever been tested in court whether refusal on the basis of lack of signature is a valid reason for non compliance with a s77-79 request?

I do not know of that being "tested" but, then, I would contend that there is nothing to be tested.

The Consumer Credit Act 1974 (as amended, mauled and shat upon) is quite clear - if the creditor does not comply with a request for a copy of the agreement, then the creditor may not enforce that agreement. Even with HHJ "Wacky" Waksman's patent piffle about a reconstituted twue copy of the agreement, the claimant would need to have sent something alleged to be the agreement before seeking enforcement thereof.

[Undercover Elsa]

Re: SeaSaw Diary

I would hope so too, but after so many of the aforementioned amendments, maulings and shat uponings (yep I know it's not a word ) one tends to lose heart.
Thank you for the reassurance

[CleverClogs (RIP)]

Re: SeaSaw Diary

The law does not say that the creditor may not seek enforcement of the agreement whilst still in default of the request for a copy thereof.

Isn't it daft?

Originally, of course, it was an actual offence not to comply with a lawful request from the debtor / hirer unless

1. no money was to be paid under the agreement or
2. unless the creditor had already complied with an identical request less than a month previously, or
3. the agreement was "non commercial".

http://www.legislation.gov.uk/ukpga/...ion/77/enacted

[CleverClogs (RIP)]

Re: SeaSaw Diary

Originally, of course, it was an actual offence not to comply with a lawful request from the debtor / hirer ...

The offence could only be tried before a magistrates' court and carried a maximum penalty of £200 per offence.

http://www.legislation.gov.uk/ukpga/...dule/1/enacted

[SeeSaw]

Re: SeaSaw Diary

thanks you everyone. Will scan doks asap. things I can remmber off top of my head aer-:

1 CAA did come incompleate with 4 to 10 terms missing and singned.
2 Hsbc sold to Lowells
4 Letter to settle acount 70% off to settle acount
3. letter for 50% off to settle the account
5. all other letters inbetween.

will up date post asap

kind Regards
SeaSaw

[CleverClogs (RIP)]

Re: SeaSaw Diary

1 CAA did come incomplete with 4 to 10 terms missing and singned.

How badly was it singed ? link

[SeeSaw]

Re: SeaSaw Diary

Sorry Elsa forgot to say date was 3 July.

Kind Regards
SesSaw

[SeeSaw]

Re: SeaSaw Diary

hi guys

Claim form sent 14/7 by 1 class not been siged for, but shows on moneyclaim:-
Your acknowledgment of service was received on 15/07/2014.

Do i just wait or is there other things I could be doing for time being?

Kind regards


SeeSaw

PS note to self must update reast of diary.

[SeeSaw]

Re: SeaSaw Diary

Hi all time I gave you all an update, over the last few month Lowell’s deicide to take my husband to courts, I decided because I was still so angry about the loan I was going to fight back.

Niddy and the gang worked in the back ground pointed me to there preferred solicitors. ATW wrote the defence for me when the court claim form arrived. I went to mediation but that came to nothing so it was off to court we would go.

As time past, the court date arrived in the post. Niddy and the gang sent my details to there preferred solicitor. I had a chat with him and he said there was just a very slim chance of wining the case and I mean VERY slim chance. I was still angry and decided I would still go to court and pay the cost. I did not care about a CCJ or a charge against my home so I had nothing to lose. The solicitor gave me another call some time later asking if I wanted to make an offer of payment, as my husband was looking a bit grey at this points so I did but wasn’t happy about it, the solicitor called again and offer was accepted, something the solicitor had said gave me the opportunity to withdrawing the offer which I took but didn’t tell my husband at that time, so back to the fight I went.

The date for court came; we didn’t attend court hearing or site at home waiting for the call that the case was lost. I received a call from the solicitor saying the advocate who was doing the case would like us to go to the court, unfortunately it was to late for us to get there in time, well thinking this doesn’t look good, and carried on with my day.

Time had past the solicitor called again, both sides had given there argument as to the merits of the case, and the Judge decided he had to go to lunch, on his return he said he needed time to make his judgment and that was that.

The solicitor called me back later in the day. We WON the case. The claim was dismissed due to the Claimant’s breach of section 77 of the Consumer Credit Act 1974. I never for a moment did I think we would win; I’m still stunned and can’t believe it’s true.

The moral of the story is the little guys can and do WIN.

Kind Regards

SeeSaw