New and confused

[samsmum]

Re: New and confused

HSBC LOAN
09/2001
£5600
04/2003
Not paying
Default 08/2004
Payments to Metropolitan
14/10/2011.. Letter fromLewis Group acting for CL finance. Says no payment received sinc 22nd June and to contact them.
14/10/2011..CCA Request sent
09/12/2011..letter received saying they cannot accept my monthly payment offer without I&E evidence. Haven't made an offer
12/12/2011..CCA Reminder-Unenforceability Threat letter sent
30/12/2011..letter saying they acknowledge receipt of CCA request but are agents not creditor(CL Finance).Agreement was terminated prior to court proceedings and entry of a ccj on 5/10/2009 therefore effect of section 78 is no longer applicable and judgement can be enforced if payments not made in accordance with judgement. Send proposals for payment. First we've heard of this and was on a dmp with cccs at the time
02/01/2012...found letter from Northampton court dated 05/06/10 stating this was cancelled as entered erroniously
03/01/2012..sent letter to Lewis group stating i have documentary evidence to prove ccj does not exist
23/02/2012..letter from Lewis group. Sorry to hear of financial difficuties and will accept £1per month til situation improves
09/03/2012..Letter from Lewis group. Further to previous letter in which they accepted a reduced payment???. Payment not received as agreed and is required immediately.
22/03/2012..Letter from Lewis...Despite writing on 2 occasions they've received no payment or proposals for payment.Cannot hold account open unless we contact them or Debt Stop Direct?? Please remember they are there to help!!
10/04/2012...Letter from Howard Cohen solicitors. Says we've already been advised that judgement was obtained against us. Failed to maintain payments under instalment order instructed by court. Pay arrears of £2220 to Lewis IMMEDIATELY or they will instruct the court to either send bailiffs or apply for an attachment of earnings. After payment of arrears next payment of £125 is due by 19th April
11/04/2012..Letter sent to Cohens with evidence ccj was set aside
13/04/2012...Letter from Cohens confirming they misread records and CCJ was set aside and apologising for content of letter. Furthermore the cca request we sent only applies to running-credit accounts. Our account has not been a running-credit account since 2003 therefore s78 does not apply. Debt still needs paying or will seek clients instructions re recovery action.
18/04/2012..Niddy special(post1126)sent
04/05/2012..Letter from Cohens. We have already apologised. However we again confirm the provision under Section 78 of Consumer Credit Act 1974 ''CCA''is quite clear that it refers to running-credit Agreements only.Furthermore, we also respectfully refer to the reported Case Law of:-Basil Rankine v American Express and others in High Court of Justice,Birmingham District Registry 8BM40009-13.The said case confirms the position for Creditors and their s.78 CCA duties in respect of Credit Agreements which have reached their end. We trust this clarifies the position

Update. Can you advise me on this please. Way way over my head

[swanfan]

Re: New and confused

Update. Can you advise me on this please. Way way over my head

I'd email that to Niddy, let him see it.

[samsmum]

Re: New and confused

I'd email that to Niddy, let him see it.

Thanks. Have e mailed it to Niddy. I hope

[Never-In-Doubt]

Re: New and confused

Yea with a duff email address (just had mail returned as unknown )

Please correct and update it.

My email went as follows

Hi

Is the account closed, ie dead? If so then they don’t have to supply an agreement BUT if it is live, in so far as they want money from you, then they MUST adhere to s.78.

Please clarify the exact status of the account.

Thanks

[samsmum]

Re: New and confused

PAYDAY LOAN
07/2011
£420
DUE ON FRI 09/09/2011
25/09/2011..First Notice letter received
19/10/2011..Second Notice letter received
17/11/201..E mail received. Tells me i'm a valued customer and they want to help. 26 days to pay or they will consider further action. Cant renew my loan until sorted???
12/12/2011..Email received. 2 days to pay else they'll take it as a refusal to pay and pass to third party. I am however still a valued customer!!
20/12/2011..email received offering me 50% discount if paid by 23rd Dec
29/02/2012..Letter from Mackenzie Hall. Instructed to collect. Payment deadline noon 2nd March. Would prefer amicable settlement but will not hesitate to take further action as appropriate
25/03/2012..Letter from Mackenzie Hall. Coming to assess my doorstep and collect the field or may advise clients to issue a ccj,Niddy says ignore
05/04/2012..Email from Mackenzie Hall..Our clients have 3 offers to resolve outstanding account. One off payment of £280,3 payments of £115(£345) or 6 payments of £72 (432). Balance is £432!! IGNORE
13/04/2012... Letter from Mackenzie Hall offering reduced settlement of £280. Same as last week IGNORE
30/04/2012...E mail from Mc Hall says...we have been supplied this address to contact you. If you are this person ring..whereupon further detailed information can be provided
03/05/2012..Letter from Mc Hall. Potential Action.As i'm avoiding paying they may recommend court action to clients
06/05/2012.. E mail from Mc Hall..we have been supplied this addressto contact you. If its you ring ....Same as 30/04

Update

[Pixie]

Re: New and confused

Carry on ignoring.

[jon1965]

Re: New and confused

Update. Can you advise me on this please. Way way over my head

Well I have just read the Rankin V Amex and can not for the life of me see what they are on about.


Looking at the bit where an agreement is at an end, it seems that it is all a play on words
For anyone like me, sad enough to want to read it

http://www.mishcon.com/assets/manage...HH%20Brown.pdf

[CleverClogs (RIP)]

Re: New and confused

Well I have just read the Rankin V Amex and can not for the life of me see what they are on about.

I believe a fair summary would be that HH (Heil Hitler?) Judge Simon Brown does not exactly like litigants-in-person and particularly disliked the Rankines. See paragraphs 3, 4 and 5, and paragraphs 8 and 9, for evidence of this prejudice.

This may be understandable if one were to believe they might have been a bit dodgy.

In consequence thereof, the judge seemed content to argue that black was white and generally to twist the skins from farts to make the Rankines stump up what they allegedly owed.

The following video may reveal more of Brown's attitudes:

Or, as Petronius Arbiter remarked some 2000 years ago:

There's no justice at law, it's the bidding that counts
And the job of the judge is to fix the amounts.

[jon1965]

Re: New and confused

Well indeed, he didn't seem to like the Rankines at all. Maybe bragging that they had found 65K of UE debts was not the best move.
He really was quite daming about them.

What I do not get is how these solicitors could get that his ruling meant that they didn't have to provide a CCA request. Not only is it not a binding ruling but there really was no mention of Amex at all.

I rather gather that the Rankines were trying to get compensation from Amex for not providing a cca. Now that would be a good wheeze, every credit card I have ever had, send off a CCA request and when they don't comply sue them haha

[Pixie]

Re: New and confused

Update. Can you advise me on this please. Way way over my head

Way over my head too samsmum.

[CleverClogs (RIP)]

Re: New and confused

What I do not get is how these solicitors could get that his ruling meant that they didn't have to provide a CCA request. Not only is it not a binding ruling but there really was no mention of Amex at all.

There was - Judge Brown took all five cases at once, doubtless because he considered that to be 'more efficient'. Judge Brown seems to be the most efficiency-minded of all the current Circus Judges...

Has anyone noted the remarkable similarity with HH Judge Roland Freisler? I understand that he, too, was obsessed by efficiency.

[jon1965]

Re: New and confused

Ok smarty pants, I stand corrected. It was in the title and I did see one reference to Amex. And he was sitting as a high court judge I think.
He was trying to be super efficient but I still am not sure what their claims were about...

And i still can't see what they Cohens are on about . As it was a loan the cca request would have been under S.77 not S.78 so unless samsmum edited the CCA request they are talking utter XXXX.

Just an an aside the s have banned me again! Think it was a wannabe General this time. Reading PM's I think

[samsmum]

Re: New and confused

Haven't a clue what you're talking about but have to say i'm very impressed with your knowledge

I can't find any paperwork for this account but it was a personal loan taken out around 2002. Payments were made through CCCS from 2003-2011.We haven't received statements for years and all was quiet until we cancelled the dmp last year.

[jon1965]

Re: New and confused

Hey don't be impressed with my knowledge it may all be wrong but if it is I hope someone will slap my wrist . It's a swine when you can't find the paperwork

[samsmum]

Re: New and confused

MBNA C/C
09/09
£490
04/2003
Not Paying
Arrears
Debtclear recoveries(from yesterday)

09/09/2011 CCA Request sent
02/10/2011 'CCA' received. Niddy says
03/10/1011 CCA Request, Application form received letter sent

19/01/2012.. Letter received saying account has been assigned to Arrow Global Guernsey Ltd. I should continue to make payments!!
20/01/2012... notice of assignment from Global. Account now managed by Westcott
24/03/2012..Letter from Moorcroft. They have been instructed by Arrow Global to collect debt. Legal requirement to send notice of intended litigation even if i dont read it. Goes on about a claim may be issued without further notice etc. Happy to accept payment plan i can afford etc
29/03/2012...Threatogram...letter before action sent
02/04/2012...Letter from Moorcroft .Possible Litigation.List of charges etc.Still possible to avoid by setting up affordable repayment plan
07/04/2012..Letter from Moorcroft..Thanks for requesting CCA. Need to pay £1.WHAT?????
20/04/2012.. Letter from Moorcroft. As i've not been in touch they feel i may not be in a position to clear the account in full. In order to stop recommending clients take legal action they are prepared to accept £40 a month. Please contact one of our trained advisors????
08/05/2012..Letter from Moorcroft..Appointment Notice. Despite attempts to arrange a visit to our property (what attempts?)no discussion has yet taken place regarding payment.Contact us to arrange a time to visit(think not). Alternatively we will accept £30 per month. If you cannot afford this make an arrangement you can afford and maintain or else we may recommend further action...

UPDATE