CCJ but still no CCA

petunia100

I have just received court papers for a debt that I still haven't received a CCA for. I requested the CCA months ago.

What should I put on my defence form?

It seems that MBNA have sold on my debt without supplying me with my CCA.

Advice please.

RAS

We need to unravel this.

Have your received a CCJ or have you received court papers?

Who sent the documents?

What sort of debt was this?

immoral_angeluk

When did you take out the debt?

petunia100

RAS wrote: »

We need to unravel this.

Have your received a CCJ or have you received court papers?

Who sent the documents?

What sort of debt was this?

They are blue county court papers, from Northampton.

The claiment is CL finance and it has a solicitors address also.

It was a credit card debt with MBNA.

Thanks.

petunia100

immoral_angeluk wrote: »

When did you take out the debt?

I started using the credit card in approx. the year 2000.

rog2

petunia100 wrote: »

They are blue county court papers, from Northampton.

The claiment is CL finance and it has a solicitors address also.

It was a credit card debt with MBNA.

Thanks.

Northampton County Court is the 'Bulk Handling Fast Track' Court - favoured by most dcas as the claim, if not contested, will simply be 'rubberstamped' by the Court.
If you made a cca request, prior to the date on which these 'papers' were issued, and the creditor, or dca, failed to provide you with a true and compliant copy of the original, executed cca within 12 working days of receipt of your request and £1 Statutory Fee, then that creditor, or dca, would be 'in default'.
Whilst that creditor/dca remains 'in default' he can not continue 'collection activity' or pass your details on to a third party for collection.

So, first of all, to whom did you make the 'cca request'?

If the 'debt' was passed on to CL Finance after the original creditor became 'in default' then CL finance has no right to issue County Court papers against you. On the Court Papers, there will be a section asking if you dispute the 'debt' - you should answer yes and, in your defence, state that you have requested the cca, giving dates, from the original creditor and that the original creditor is 'in default' under sections 77 & 78 of the Consumer Credit Act, 1974 and should not have passed on this 'debt' to CL Finance for 'collection.
If you originally requested the cca from CL finance, then you should, also, dispute the debt, pointing out, again with dates and copies of letters, that CL Finance are 'in default'.
The Court should rule that the agreement is unenforceable, though what will, most likely, happen is that the case will be 'transferred' to a Court nearer you. At this stage CL finance will be informed of your 'defence' and may, or may not, decide to withdraw their claim. If they decide to go ahead with the 'claim' then they will have to not only provide the original, and compliant, cca to the Court, but will need to give a very good reason as to why they did not provide you with the copy that you requested durin the legally prescribed time-frame.

It remains my guess, though, that they are relying on the fact that you will simply pay the amount, on receipt of the Court Papers, in order to avoid the possibility of a CCJ.

Now, if what you have received is, already, a CCJ (I think not, but just in case) then you will need to take it to your local Court, tell them that you were unaware of the claim and were unable, therefore, to enter a defence. The Court Office (usually most helpfull) will advise you on how to get that judgement 'set aside'.

petunia100

rog2 wrote: »

Northampton County Court is the 'Bulk Handling Fast Track' Court - favoured by most dcas as the claim, if not contested, will simply be 'rubberstamped' by the Court.
If you made a cca request, prior to the date on which these 'papers' were issued, and the creditor, or dca, failed to provide you with a true and compliant copy of the original, executed cca within 12 working days of receipt of your request and £1 Statutory Fee, then that creditor, or dca, would be 'in default'.
Whilst that creditor/dca remains 'in default' he can not continue 'collection activity' or pass your details on to a third party for collection.

So, first of all, to whom did you make the 'cca request'?

If the 'debt' was passed on to CL Finance after the original creditor became 'in default' then CL finance has no right to issue County Court papers against you. On the Court Papers, there will be a section asking if you dispute the 'debt' - you should answer yes and, in your defence, state that you have requested the cca, giving dates, from the original creditor and that the original creditor is 'in default' under sections 77 & 78 of the Consumer Credit Act, 1974 and should not have passed on this 'debt' to CL Finance for 'collection.
If you originally requested the cca from CL finance, then you should, also, dispute the debt, pointing out, again with dates and copies of letters, that CL Finance are 'in default'.
The Court should rule that the agreement is unenforceable, though what will, most likely, happen is that the case will be 'transferred' to a Court nearer you. At this stage CL finance will be informed of your 'defence' and may, or may not, decide to withdraw their claim. If they decide to go ahead with the 'claim' then they will have to not only provide the original, and compliant, cca to the Court, but will need to give a very good reason as to why they did not provide you with the copy that you requested durin the legally prescribed time-frame.

It remains my guess, though, that they are relying on the fact that you will simply pay the amount, on receipt of the Court Papers, in order to avoid the possibility of a CCJ.

Now, if what you have received is, already, a CCJ (I think not, but just in case) then you will need to take it to your local Court, tell them that you were unaware of the claim and were unable, therefore, to enter a defence. The Court Office (usually most helpfull) will advise you on how to get that judgement 'set aside'.

I made the CCA request to MBNA about a couple of months ago (I have recorded del slip). When CL phoned I explained that I was still waiting for my CCA.

Don't think it is actually CCJ but court papers with defence form etc.

rog2

petunia100 wrote: »

I made the CCA request to MBNA about a couple of months ago (I have recorded del slip). When CL phoned I explained that I was still waiting for my CCA.

Don't think it is actually CCJ but court papers with defence form etc.

Then CL had NO RIGHT WHATSOEVER to commence County Court Proceedings against you.

You must dispute the claim as soon as possible. If you can get to one, your local CAB should be able to help you with the form.

You can, also, send CL a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find on post 8 of http://forums.moneysavingexpert.com/showthread.html?t=963087

But, most importantly, you need to get that 'defence' in to Northampton County Court as soon as possible, otherwise they will simply 'rubberstamp' the claim and you will receive a CCJ with a demand for full payment within 30 days.

petunia100

rog2 wrote: »

Then CL had NO RIGHT WHATSOEVER to commence County Court Proceedings against you.

You must dispute the claim as soon as possible. If you can get to one, your local CAB should be able to help you with the form.

You can, also, send CL a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find on post 8 of http://forums.moneysavingexpert.com/showthread.html?t=963087

But, most importantly, you need to get that 'defence' in to Northampton County Court as soon as possible, otherwise they will simply 'rubberstamp' the claim and you will receive a CCJ with a demand for full payment within 30 days.

Thanks.

BTW I just checked my rec.del slip and they received my request on 28th April.

GeorgeUK

Just something in passing - was a default notice ever issued for this debt?

I take it this isn't a debt that will be statute barred?

petunia100

GeorgeUK wrote: »

Just something in passing - was a default notice ever issued for this debt?

I take it this isn't a debt that will be statute barred?

Thanks.
I'm not sure I will have to look back and see, I have kept a record of everything.