Help

[winner12]

Hi all please help got an ongoing thing with SHOOSMITHS from last year after asking for a CCA they sent a application form and illegible T&C`s I wrote back stating the fact and that the account is unforceable I recieved a letter today stating they fully disagree and my CCA request has been fully complied with .
They refer to the copy of the orignal credit agreement signed by me all which is legible and therefore will not be ceasing collections on this basis.
Whats my next move anyone they are refering back to their client and will recommend litigation proceedings
They have also recommended I seek my own Legal advice

[winner12]

Re: Help

Hi just doing the thinking thing
This Debt is with Arrow and I gather Shoosmiths are just collecting on their behalf I was paying Arrow through Wescot up until about 6 months ago
Should I just tell Shoosmiths I am willing to pay as before with Wescot has I am inclined to think the CCA route is too scary
Wimp !!! that I am

[Inca]

Re: Help

Hiya hun,,sorry I only just seen your pm....wedding was amazing thanks...I'm sure one of the clever bods will pop in to help soon xx

[winner12]

Re: Help

Hi so pleased all went well
Yep waiting for a clever bod think Im stuck with my gut feeling on this one though and a bit scared they will take me to court after about 4 years of paying then via Wescot Im not trying to aviod paying just dont like their demands

[winner12]

Re: Help

Just BUMPING
please help not sure where I stand

[Amethyst]

Re: Help

http://www.legalbeagles.info/forums/...de-inc-Letters

Hiya Winner, The above is the basic outline guide for the CCA request if they respond with a non compliant CCA there is a letter in there you can adapt to use.

I'm not sure from your posts if you have actually been maing payments to Westcott or not ?

Sharon
xx

[Inca]

Re: Help

Thanks Ame hun xx

[Amethyst]

Re: Help

sorry for a bit of a drop link and dash reply, have been up to my eyes in it xx

The Terms and conditions must be legible, even if a reconstruct, and must be those from the original agreement at inception. Did you post up a copy of the CCA on here when you got it?

[winner12]

Re: Help

If its a recon is it still valid in court they claim its the original buy its just a application form and sorry have no means to scan and post
Sorry forgot to add yes I was paying Arrow via Wescot until they sent a letter to say they were not collecting anymore
It then took Arrow about 6 months to write stating Shoosmiths were collecting
I CCA Shoosmiths on advice on here thats when the application form was sent and illegible T&C`s plus about 6 pages of T&Cs seperate which I assume are current ones has the interest is 35.5%
I`m wondering though where I stand seeing I was paying them via Wescot wm I just been a Muppet and should I just set up a new repayment with Shoosmiths

[winner12]

Re: Help

Just BUMPING again
Thanks

[Amethyst]

Re: Help

An application form is often the credit agreement, the terms sent with the illegible terms, is there any way you can compare the two - are there bits you can make out from the illegible terms you can compare to the reconstructed terms to see if they are the same (ie if they have typed up the original terms that are illegible in the original copy then they will have complied)

Have you checked the interest rate across your historical statements to see what the rate was at the account inception and whether that scans with the reconstructed terms ? or possibly check the default charges/ late payment fees on the reconstructed terms ?

Also what date is the original agreement and who is the original creditor ?

[winner12]

Re: Help

Thanks Amethyst for your help
From what I can make out the original application terms have what I can make out 15% apr but on the typed its 34% the charges are £12 on the typed version but I cant make out the ones on the so called original its so blured
The date on the application is 2000 and MBNA now its with Arrow
MY other question is though if I was paying via Wescot would the court if it made it there ask me why I choose not to pay now

[Amethyst]

Re: Help

Ok if you have a look on GOOGLE IMAGES - search on MBNA CCA 2000 - and see if you see one that matches the application form you have.

eg.

[Amethyst]

Re: Help

Thanks Amethyst for your help
From what I can make out the original application terms have what I can make out 15% apr but on the typed its 34% the charges are £12 on the typed version but I cant make out the ones on the so called original its so blured
The date on the application is 2000 and MBNA now its with Arrow
MY other question is though if I was paying via Wescot would the court if it made it there ask me why I choose not to pay now

Charges in 2000 were, I believe, £18 so it does sound like the recon is the current terms rather than a recon of the illegible terms.

I'm not 100% on what your arrangement with Westcott was ? a repayment arrangement ? and they have now passed it over to Arrow and you aren't sure whether to set up the same payment arrangement or push them into taking court action and defending on the illegible CCA ?

[winner12]

Re: Help

Hi
Yes thats it in a nutshell
ARROW have owned the debt since 2010 Wescot collecting on their behalf
Wescot wrote saying they were no longer collecting
Arrow take 6 months to tell me they had assigned Shoosmiths to collect
Shoosmiths contact me demanding payment then I start a snowball of letters that culminates in them basicaly telling me that what they have sent is an original CCA signed by me with correct terms and they will be recommending to Arrow that court proceedings should be issued if I dont set up a repayment plan.
But also just a thought if they are only collecting for Arrow should it be Arrow I deal with rather than Shoosmiths
PS The scan above looks similar to mine just the T&C`s are seperate copy only a narrow column and not readable only when magnified
I just wondered how much leverage this gives me on how much I can pay them and also may be a full and final eventually if they dont have the correct paerwork a CCJ by default after 4 years and 2 to go on the defaulted credit file a CCJ would be another 6 years