No credit agreement

lotty41

Hi everyone,
I am in court on Friday with DC for a debt of 3800.00, very long story but basically they haven't got a copy of CCA. They are relying on the fact that they have copies of credit card statements from when I had the card 4 years ago, also I have not disputed the fact that I owe the money (have been paying 9.75 for the last 3 years) as agreed with original creditor. I'm getting conflicting advice, I have been told that it isnt enforceable without the CCA, have also been told it would depends on the attitude of the judge.
Can anyone please give me some advice. I'm dreading going to court as I'll be going alone.

Thankyou
Lotty

GeorgeUK

I can't personally advise you on this, although they may just be taking it to the wire to see if you'll pull out.

I suggest you go across to the consumeractiongroup website and post a thread there - they are pretty clued up on the legal aspects and may even be able to give you some court cases to quote if they do defend.

RAS

Lotty

Yoy mght learn somehing useful from warrencarr's thread here http://forums.moneysavingexpert.com/showthread.html?t=955165

He was faced with an old but unenforced CCJ which he fought on the bais that there was no CCA.

lotty41

Thankyou Fermi,
I almost gave up on waiting for some advice. I did go onto the forum that was suggested but have yet to receive a reply. I will note what you said and quote it to the Judge, cant believe that a Judge wouldnt know that, I assumed he would, hopefully I'll get a good result. Its difficult defending yourself, I assume when I talk to the Judge I have to call him 'Sir' :rolleyes:

Thanks
Lotty

SunderlandBlackCat

lotty41 wrote: »

I assume when I talk to the Judge I have to call him 'Sir' :rolleyes:

County Court Judges are addressed as "Your Honour"

lotty41

Ooops, thanks for that.

llr

I thought that a court action would go before a judge if there was a dispute? Otherwise judgements are by court staff?

Did you dispute this and on what grounds? If you wrote a defence stating that they had not supplied with the CCA request and you have not had a copy of the original agreement I would have thought that the court would have written to the creditor asking to supply it and if they didn't would have thrown it out without a hearing?

Anyway, I'd phone National Debt Line first thing, The CCA request isn't as cut and dried as it might seem especially as you seem to agree that you owe them the money and you are paying them for the debt.

Have you just disputed the court costs and solicitors fee's?

stapeley

The fact that you have been paying this DCA has no baring on the case . You have been, no doubt pressurized into paying by this company . In defence of that ,all you need to say is you were unaware of the conditions layed down by the CC Act .Once you became aware of your rights and requested a copy of a true signed copy of a CCA, the fact that the DCA have not provided the required document means that company can not request payment . Unfortunately its a little late in the day to come up with a better defence . But there are examples and some guides to court procedures on CAG which would help , its just a case of finding them . I wish you luck , and add it is often the case that the otherside do not turn up . Please keep us informed how it goes .

fermi

llr wrote: »

If you wrote a defence stating that they had not supplied with the CCA request and you have not had a copy of the original agreement I would have thought that the court would have written to the creditor asking to supply it and if they didn't would have thrown it out without a hearing?

Not automatically, no.

If I remember correctly you would need to supply a draft order for directions to the court with the allocation questionnaire, asking the court to order the disclosure. If the court agreed to that and the creditor failed to comply then you may be able to apply to have the claim struck out.

llr

Just goes to show I should always re-read what I've written and always seek independent advice from NDL or CAB or solicitors through CLS website

One question, you refered to the section 127 (3) in the 1974 act, I was under the impression that these was dropped in the 2006 consumer credit act?

fermi

llr wrote: »

One question, you refered to the section 127 (3) in the 1974 act, I was under the impression that these was dropped in the 2006 consumer credit act?

Section 127(3) (and few others) was repealed by that act, but ONLY for agreements signed on or after 6th April 2007.

For agreements made before that date s127(3) still applies.