No credit agreement

lotty41

ok, thank you, just wasn't sure.

stapeley

Sorry it abit late but , In the first lot of court paper you would have been sent . There is a section where you can request a copy of ALL papers that will be produced in court . In you repeated the request for CCA ,and they still have not provided it , you should request the case to be thrown out .

lotty41

Went to court at 2pm and as you can see from the time of this post I'm already home!!
they turned up at court at 2.57 with a new and revised witness statement which said that I had stopped payments I April 08 and missed payment in 07, well the judge already had copies of bank statements to show that I have never missed a payment in 3 years, they so got their knuckles rapped. (the judge was outraged that they produced documents that I didnt even have time to read before the hearing). Judge also said that I have every right to see a copy of the CCA, which they hadn't got. I spoke to HFO sol outside and he said that they can still add interest on, so that was the only downfall, forgot to ask the judge about that. Judge said it should have never came to court. I feel amazingly good. Thanks everyone for your advice it helped a great deal.

Lotty

stapeley

Did he make a Judgement ?

fermi

Well done. :j:j

I'd heard a few cases like yours where the judge was quite unsympathetic, so I was a bit apprehensive about the outcome.

Sounds like you got a nice judge though, who understood the issues straight off.

That restores my fail a little bit.

What happens next?

stapeley

For anyone reading this I would advise against talking to other parties sol keep everything in writting . I presume they did not get an enforcement order .

SunderlandBlackCat

Good news.

Thanks for the update.

lotty41

OMG I feel stupid now as I cant remember what term the judge used. Was adjourned on the basis that I have never defaulted on the payments that were agreed. Can only go be taken back to court if I default and they have a copy of the CCA. So no charge order, which is what they wanted, no CCJ either. Hope that makes sense. Bit confused though, if they havent, and dont beleive they are able to, get a copy of the CCA should I carry on paying the 9.75pm, the debt is going to increase major, as they are adding interest, since I have already admitted I owe the debt, even if they dont get CCA, I cant now dispute the debt, or can I? I dont receive any statements from DCA, should I ask them to send me statements each month, are they obliged to. Also forgot to add, no court cost for me either!

stapeley

It seems the Judge was very much on your side . I believe you will receive a copy of his Judgement . Wait see what is in that , and if there is reference to the CCA . I believe if you had argued that that non production of the CCA means the account is in dispute ,a even better result would have been won.
The CC ACT says that a account is in dispute if a CCA IS NOT PRODUCED WITHIN THE TIME LIMIT . If the account remains in depute no interest can be added . The DCA rely on the consumers lack of knowledge of their rights , they know the vast majority of people will not let it go to court . Well done to you!
If I was you I would send the default letter HOPEFULLY SOMEONE WILL POST LINK , this will ensure no further interest is added until they find it . Carry on with payments to be on safe side , as Judge advised , this will prevent any enforcement action .

RAS

lotty41 wrote: »

So no charge order, which is what they wanted, no CCJ either.

Well done you. Considering the nightmare time you have had, this is a mega outcome. Absolutely delighted.

lotty41 wrote: »

since I have already admitted I owe the debt, even if they dont get CCA, I cant now dispute the debt, or can I?

No CCA - unenforceable debt - does not matter about acknowledgement. You do need to see what the judgement says though.

lotty41 wrote: »

Also forgot to add, no court cost for me either!

Which is proof that the judge did not think they should have taken you to court.