DCA enforce or not after 14 years?

terriS

Hi there
I have gone through all the official protocol according to the CCA regs on this wonderful site :money: , my last letter to Marlins solicitors was back in May 2008 stating that they had not met the requirements supplying the CCA therefore now an unenforceable debt etc etc.
Then i got a letter from them yesturday dated 10th September 2008:

"We refer to the above matter and in particular to your defence dated 28th March 2008 (They served court papers which i defended online to the court saying that they had failed to provide the CCA)
Please find enclosed the copy statements which substantiate the balanced claimed. The credit agreement to which this claim relates is no longer available because the agreement dates back over 14 years. Please therefore check your records and confirm in writing that you do not have this document in your possession.
Please note that as per Paragraph 16 of the Judgement granted by His Honourable Judge Simon Brown QC in the High Court Case of 'Rankine-v-Various'/Case No;8BM40009-13m, the court ruled that where a creditor 'is seeking enforcement, section 78(6) of the Act does not have effect....Firstly, the prohibition is against a creditor "under an agreement". The agreement was at an end. Therefore there is no reason why there cannot be an enforcement. Secondly, the word "enforce" is not descriptive of the commencement of proceedings. Bringing proceedings during a time when the agreement has been brought to an end is only a step taken with a view to enforcement...'
Under this case law, s77 of the Consumer Credit Act 1974 and the subsequent reliance on section 78 does not apply as the agreement had already been terminated and was therefore at an end. Our client is therefore not prohibited from proceeding with the claim.
Please therefore confirm whether you are willing to enter into settlement negotiations. Please note that if we do not receive a satisfactory response from you, we are instructed to proceed with the claim without further reference, incurring further costs and interest for which you may be held liable"

Im not worried about the copies of statements as i am not disputing using the CC. I am disputing Marlin's ownership of the debt by demanding to see my original CCA. So my question is are they trying to blind me with all the above or are they exempt because the debt is 14 years old, and the agreement was at an end?? Do i need to respond to them?

Any advice would be great.... thank you

gettingbetter

hi terris

i might be wrong
but if they cant produce the cca they cant persue you in court
depending on the debt it is probs statute barred
the experts will be along soon
kas x

terriS

Thanks Kas

Just re read my post and wanted to clarify that the debt isn't 14 years old, the agreement was taken out over 14 years ago! Sorry. Pretty new to this!
Look forward to hearing more replies, thank again

gettingbetter

thats ok
when was the last payment or comunication made on this account
what is the debt for
kas x

stapeley

They are trying to scare you ! Stand firm , the judgement they have quoted is generally agreed to be a very poor ruling and there is a Judgement that takes a different view . I can not quote it , but others maybe able to . Stick to your guns . Your defence is in and valid ! Have you received a reply to your defence from the court ?. They will more than likely amend their case trying to baffle you . Non production of a CONSUMER CREDIT AGREEMENT is a absolute defence against enforcement . This is my considered veiw having read hours of paperwork, but please double check yourself .

terriS

Thank you, thats kind of what i thought.

Kas, the debt is for an HSBC CC and the last communication with them prior to this was as below....

Stapeley, in response to my defence from the court dated 31st March 2008...
"I acknowledge receipt of your defence. A copy is being served on the claimant ( or the claimants solicitor.) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally,the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claimwill be stayed. The only action the claimantcan then take will be to apply to a judge for an order lifting the stay"

Three days later i got a letter from Marlins saying that they have ordered a copy of my CCA and as soon as they have it they will send it onto me !

:rolleyes:
I then sent them on the 7th May2008 the " as they have failed to provide a signed copy of the original CCA, on the 17th April 2008 this became an unenforceable debt" letter (by recorded post)

Nothing until 2nd July 2008 when i received a General Form of Judgement or Order stating that...
"Upon the courts own motion. The court has made this order of its own initiatve without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receivivg it.
IT IS ORDERED THAT
The time is extended for the claimant to file the Allocation Questionnnaire until the 14th July 2008"

Once again nothing until i received the letter at the top of this thread from Mortimer Clark Solicitors dated 10th September!!!

What is all that about????

RAS

Terris

Please will you get your paperwork together and call National Debt Line regarding this.

Your posts are far too confusing to sort on here.

What i can tell you is that the Rankine judgement was considered perverse and because it was not high court does not create a precedent, so is of not consequence legally. Just DCas have started to use it to frighten people.

stapeley

Agree with above , have you had a Judgement ? did you miss the court ? have you applied for a set aside ?

terriS

Hi Stapeley

No court date.
Got paperwork from court which i filled a defence, Marlins then obviously didn't respond to court. So the court extended the time for them which was the courts decision, by 14 days which was back in July. That time expired on the 19th July. I didnt hear anything else from the court or Marlins until the letter from Marlins in my first post on here, quoting this "High court 'Rankine' case. Hope that clarifies the situation....?
Not sure what my next letter to them should contain if anything
Thank you....

RAS

Can you contact the court to find out what happened to your case?

terriS

Yes i could try that. When i get home shortly i will get the details and give them a call. I wasn't sure whether to do that for fear of tempting fate!