what happens after the 12+2+30 day rule for a cca request?

jasonkurtsdad

GREAT ADVICE GUYS. I APPLAUD YOU ALL. WE`LL SEE WHAT HAPPENS. 29 DAYS AND COUNTING!:j

rog2

susie93 wrote: »

I am paying them at the moment by standing order should I stop or will that prejudice my case - I sent in a defence to the ccj form from the bulk centre.

Hi susie - whilst you are entitled to stop paying, this will depend on what you wish to do, long term, about the 'debt'. Your payments should be seen, by the court, as a serious attempt at tackling your debt, and, if the Court rules that the agreement can e enforced (they would need to come up with the agreement and convince the Court that they had a pretty good reason for not supplying you with a copy within the legally prescribed time scale) then it would be highly unlikely that the Court judges that you must pay the whole debt immediately.
The fact that you have submitted a defence should, also, mean that the case is transferred to your local County Court (although not always) where, in the event that they find in favour of the claimant, you would have the opportunity to make an offer of payment that you can afford, which would be just as binding on the claimant as it is on you.
That said, it is also possible that the Court may rule the agreement as irrideemably unenforceable, in which case any decision as to whether to continue paying would be yours and the claimant will not be able to force you to pay.

susie93

Many thanks for reply. Everything just seems to be caving in at mo. Do they have to respond to my defence by way of a full reply as all they have sent is "we reject the defendant's defence" as a response? they sent this on the 29th day - so are they out of time on this as well - I don't know how strict the Courts are on this as when I went to court for the loan it took me to point out that the claimants had been out of time for a reply - it wasn't thrown out they just got a slap on the wrist by way of no costs. Also my daughter who is co-owner of my property has just received a ccj form as regards her bank loan and they have called it an overdraft/current a/c is this them trying to be clever or stupid? lol Do we defend loan or overdraft? Susiexx

stapeley

Hi , As you will no doubt know I have a couple of threads going on the subject of CCA requests . Rog can you please post the relevant section in the Act that says after 12+2 DAYS or 12+2 +30 that the Agreement if supplied after this time can only be Judged enforceable by a court . This question has been asked many times . And confirm that if a company come up with a document that they say is a enforceable agreement , but after the time limit . That there is nothing to lose by saying OKAY take me to court .
cheers

rog2

stapeley wrote: »

Rog can you please post the relevant section in the Act that says after 12+2 DAYS or 12+2 +30 that the Agreement if supplied after this time can only be Judged enforceable by a court . This question has been asked many times . And confirm that if a company come up with a document that they say is a enforceable agreement , but after the time limit . That there is nothing to lose by saying OKAY take me to court .
cheers

Hi stapeley - as you have discivered, the Consumer Credit Act, 1974, is a complete minefield to 'wade through' when looking for 'specific' information. Even the organised brain of 'fermi' struggles to keep up with all the ammendments. Personally, I like to use the brains of the OFT, who 'police' the act and publish 'guidance notes' for mere mortals like me.
Recent ammendments have, in fact, removed the '+30' day period, which actually made it a 'criminal' offence for a creditor/dca not to provide a debtor with a true copy of the executed cca, but the 12+2 day period is very much still in operation - in fact the ammendments have placed more importance on this '12 working day' deadline.
The OFT, themselves, state that if a cca is not supplied in that period, then the agreement can not be enforced without recourse to the courts. Yes, if a creditor does come up with a cca after the 12+2 day period he can apply to the courts for permission to enforce the agreement, but they do have to go to Court and there is no guarantee, to them, that the court will give them that permission. As you say - there is nothing to lose by telling the creditor/dca to 'take me to court' and you should vigorously defend your position in order that the Court will ask the creditor/dca why he failed to comply with his legal obligations under sectio77 (1) of the Consumer Credit Act, 1974 (with later ammendments).
For a general overview of the 2006/7 ammendments have a look at the following link: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf

I do follow your other threads, and I know how frustrating it has been for you - there is no 'quick fix' but you're doing well. Just 'don't let the b******s grind you down' :beer:

98jdougl

What is the situation if the credit/debt is after april 2007 as i have seen this date mentioned a few times.
thanks

jasonkurtsdad

very interesting bout the +30 days being ammended.

Is there a letter i can send to BCW to tell them they are in breach of contract against the debt and to stop any further contact from them?

17 days 39 mins and counting!!

susie93

Hi all hope everyone had a reasonably happy christmas. On Christmas Eve I received a form (said it had to be returned by 29th December?) from the Court regarding protocol and directions. I also received a copy of the DCA's copy where they have said that any hearing will take a day and saying that the costs will be £6000.???? In the section where they have to put what they have done that is reasonable and they were following court protocols they have put "letters have been sent" the fact that one letter saying they would not negotiate is the only one. My question is why have I got the form it does not have my name on it. Has it been sent by mistake or should I dash to the post office tomorrow and try and get it in by the 29th to the Court. It has my address on it but it looks like a form that solicitors fill in. Is this the claim form for the 12 plus 2 days regarding the no show of the documents (cca etc) in time? Am very confused and little bit frightened as they have told me in no uncertain terms that "WE WILL GET OUR CHARGING ORDER ON YOUR HOUSE". There is a lot of confusing jargon on documents to be in by 28 days of order - what order? and a further 42 days for something else? HELP!!!

GeorgeUK

Did you get this sorted Susie?