Caesar UE Diary

[Joanna Connolly Solicitors]

Thanks for that Di. I have sent you a private message. I am not sure if it got through.

Yes I got your PM, and have replied

Di

[Downtrodden]

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[Joanna Connolly Solicitors]

. . case that anyone who has made a s78 request and has either not received their CCA ,or a version which is unenforceable, could argue that the field agent does not have the right to turn up at their door making enquiries about payment on the basis that they do not have a valid CCA which incorporates that condition? Genuine question.

Here's my genuine answer

Only a Judge can rule a credit agreement unenforceable in law.

When making that decision (in court) a Judge has to be persuaded by the Defendant that the credit agreement doesn't comply with the required sections of the Consumer Credit Act.

Section 77/78 is for 'information purposes' not 'proof purposes'. So the creditor or subsequent debt purchaser can produce 'something' to satisfy that section of the CCA, but whether that 'something' complies with other sections (e.g. s61) is a different matter.

There's also more to a debt being unenforceable than just the credit agreement. In some cases you can have a perfect credit agreement but if the Default Notice is 'bad' then the claim can be dismissed.

This was the case with Santander v Mayhew (me ) where I lost on s78 but won due to an invalid Default Notice. Read Paras 11 and 13 of the judgment to see what I mean >

https://www.bailii.org/ew/cases/Misc/2012/14.html

Di

[Downtrodden]

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[Joanna Connolly Solicitors]

I wanted help with my particular problem, but so far I seem to be having problems with you. I now am unable to post my own problem because of the responses I am getting

Hello Downtrodden

I'm happy to help you with your particular problem.

Would you like to start a thread of your own and I'll post on there.

I look forward to helping you.

Di

[Downtrodden]

This sounds like a certain old site theories utgghhh!!!

I wouldn't know because I don't belong, and never have belonged ,to any other site. I joined on the AAD+ membership because I wanted help with my particular problem, but so far I seem to be having problems with you. I now am unable to post my own problem because of the responses I am getting from you. I was trying to make some suggestions for Caesar because I think I am about to go into a similar situation as them.

[The Tech Clerk]

If the agent is relying on the standard condition in a consumer credit agreement which roughly says that in the event of non payment they can instruct debt collectors, would it be the case that anyone who has made a s78 request and has either not received their CCA ,or a version which is unenforceable, could argue that the field agent does not have the right to turn up at their door making enquiries about payment on the basis that they do not have a valid CCA which incorporates that condition? Genuine question.

This sounds like a certain old site theories utgghhh!!!

[Downtrodden]

Sending a field agent would not be considered as harassment (unless they sent one every week ).

It's often done to establish whether you actually live at the address they have on record, especially if communication has been by email.

It's an awkward moment if they do show up, but no big deal in the grand scheme of things.

Di

If the agent is relying on the standard condition in a consumer credit agreement which roughly says that in the event of non payment they can instruct debt collectors, would it be the case that anyone who has made a s78 request and has either not received their CCA ,or a version which is unenforceable, could argue that the field agent does not have the right to turn up at their door making enquiries about payment on the basis that they do not have a valid CCA which incorporates that condition? Genuine question.

[Joanna Connolly Solicitors]

Is it worth to send Harrasement template if they ignore it? And they turn up anyway.

Sending a field agent would not be considered as harassment (unless they sent one every week ).

It's often done to establish whether you actually live at the address they have on record, especially if communication has been by email.

It's an awkward moment if they do show up, but no big deal in the grand scheme of things.

Di

[Roger]

Thank you all for help. Is it worth to send Harrasement template if they ignore it? And they turn up anyway.

Its always wise to create a paper record on your file! Contrary to their opinion they do not have the right to pester you!
Everything in writing.

Least said the better!
As stuckinaru said NO thanks, close the gate on the way out, Have a Nice Day.

[Caesar]

Thank you all for help. Is it worth to send Harrasement template if they ignore it? And they turn up anyway.

[stuckinarut]

Thank you all for help. Because there is no contact with Resolve Call, should I sent the Harrassment Letter to TM Legal? I am thinking to reply to their email also with the same Harrasment Letter. Because they are so cheap and rarely send out any letter.

nightwatch Resolve Call is doing nothing, I am in contact with DCA. I always reply to their emails but I don't pay them.

Btw, will they call me before their visit? Or they just knock at the door hoping someone will answer.

They turned up at my home address .That was after me sending a modified version of the doorstep template. (cheeky buggers) Still waiting on another visit from them concerning another account. Sent the template for this one as well. However fully expect they will turn up again. No worries tho. same as last time they will be told NO Thanks please leave close the gate have a nice day. Job Done

[The Tech Clerk]

Hi
If they do turn up then you just say you are not prepared to discuss it on the doorstep and all communication must be in writing. While it is not a job I could do, these agents are generally just trying to earn a living and deserve the same respect and courtesy you would also expect from others

They would be better respected if they did a different job and worked hard as a normal hard working manual worker not the back door collection agents = there is a term for them xxxxxxxxx

[Warwick65]

Hi
If they do turn up then you just say you are not prepared to discuss it on the doorstep and all communication must be in writing. While it is not a job I could do, these agents are generally just trying to earn a living and deserve the same respect and courtesy you would also expect from others

[nightwatch]

I would not reply to any emails, they must send anything legal by post.

You say you received a CCA did you get it checked out by Niddy?

OK just noticed it was sent in an attachment that you couldn't open.

No resolve call don't phone, just turn up, but sometimes they send a card to say they will be calling sometime in the next week, they may phone instead of a home visit