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CCA Battle

MoneyOne
MoneyOne Posts: 11 Forumite
in Debt-free wannabe
I requested a CCA from MBNA in December - they say they sent it on the 16th, I haven't received anything - are they just able to claim they sent it & take me to court? I've now had a claim form...

Comments

  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Nope......... they are in default if you never received it so send this back: 2. CCA Reminder
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • MoneyOne
    MoneyOne Posts: 11 Forumite
    never-in-doubt wrote: »
    Nope......... they are in default if you never received it so send this back:


    But where does the burden of proof lie? It's my word (debtor) against theirs (massive creditor)!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    MoneyOne wrote: »
    But where does the burden of proof lie? It's my word (debtor) against theirs (massive creditor)!

    Exactly, and why would you lie about getting it? You want to prove it is unenforceable, they want to prove it is enforceable so the burden lies with the collectors - not the debtor!

    The law is on your side here, in relation to CCA Requests only. Send the chaser letter as advised in my last post to you. Thats all you need to do, if they do not respond then cease repayments (you may get defaulted though)

    Full process outlined here: Unenforceability & Template Letters II
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
This discussion has been closed.
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