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No cca and ccj being applied for Help?

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

Comments

  • RAS
    RAS Posts: 36,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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 nothing
  • 10past6
    10past6 Posts: 4,962 Forumite
    rose28454 wrote: »
    I acknowledged them
    Did you admit / deny / dispute the claim?
    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 professional
  • rose28454
    rose28454 Posts: 4,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Car Insurance Carver!
    RAS wrote: »
    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.
    Yes I did send for CCA as soon as I received the papers. Is that relevant?

    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?
  • stapeley
    stapeley Posts: 2,315 Forumite
    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 .
  • rose28454
    rose28454 Posts: 4,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Car Insurance Carver!
    stapeley wrote: »
    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??
  • RAS
    RAS Posts: 36,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    10past6 wrote: »
    Did you admit / deny / dispute the claim?


    Can you advise please, as this affects your options.
    If you've have not made a mistake, you've made nothing
  • rose28454
    rose28454 Posts: 4,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Car Insurance Carver!
    RAS wrote: »
    Can you advise please, as this affects your options.

    I just acknowledged the forms and asked for more time to respond
  • rose28454
    rose28454 Posts: 4,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Car Insurance Carver!
    rose28454 wrote: »
    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?
  • RAS
    RAS Posts: 36,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yep

    That sounds a good start.
    If you've have not made a mistake, you've made nothing
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