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No cca and ccj being applied for Help?
rose28454
Posts: 4,963 Forumite
I will make this short so someone cane advise me quickly. I had County Court forms from Brian Cartert solicitors for a RBS Mint credit card debt. They served me with cc papers late February and I acknowledged them and asked for the 28 days. I wrote to Brian Carter ( who own the debt) and RBS asking for the CCA. RBS wrote back asking for my account number and bank code even though I had given my credit card number on the letter as they said they could not find me. I also sent the letter TO Brian Carter who wrote back saying I had to write to RBS with a £1.00 cheque. The 12+2 days is up and I am going to file online a defence to the County court letter today( as the days are running out)
Any ideas what I need to write?? Do I need to refer to the CONSUMER CREDIT ACT? Any advice would be appreciated. Many thanks
Any ideas what I need to write?? Do I need to refer to the CONSUMER CREDIT ACT? Any advice would be appreciated. Many thanks
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Comments
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Did you send for the CCA after receiving the CC papers?
Please can you pull out the termination letter and the default letter, scan them and post them up here.If you've have not made a mistake, you've made nothing0 -
Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Yes I did send for CCA as soon as I received the papers. Is that relevant?Did you send for the CCA after receiving the CC papers?
Please can you pull out the termination letter and the default letter, scan them and post them up here.
I acknowedged receipt of the claim on line and asked for the extra 14 days to file my response. I will see if I can find the relevant letters but my paperwork is is much mess as my finances so may not be able to . What should I do if I cant find them?0 -
What evere happens they will need to produce the CCA in court . If you defend on grounds of no valid CCA , you may well find they huff and puff then withdraw case at the last moment .0
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What evere happens they will need to produce the CCA in court . If you defend on grounds of no valid CCA , you may well find they huff and puff then withdraw case at the last moment .
Si if I respond and defend the claim in total should I say they have not produced the CCA as requested??0 -
I just acknowledged the forms and asked for more time to respond
As I have had not replies and cant find the default notice etc and I am runnng out of time I am going to defend the clim on line today by saying that I do not owe the money and the creditor has been unable to produce the Consumer Credit Agreement and therefore is in breach of the act. Then hopefully I will get to go to court and plead my case. DOes that sound OK?0 -
Yep
That sounds a good start.If you've have not made a mistake, you've made nothing0
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