urgent help please cca request

kitkat34

please can someone help I sent a cca request to Halifax for a credit card taken out in 2004
sent the request march 5th letter dated march 4th after they sent a notice of intended legal action.
I did not hear anything back and had not got round to sending the next letter for not having received anything due to my partners brother being unwell.
we went to visit his brother other easter and ive just come home to court papers which are dated 22th march, ive been onto Halifax and they say they have not received the cca request what do I do now? my 14 days to reply to the court papers are up tomorrow
Halifax did say they would stop court proceedings if my partner signed a consent order to pay set amount each month but this is a legal agreement and cant help but feeling they were trying to get his signature
any help what to do now would be great, should I put in another cca request?

thanks kat

harrys_dad

Have you acknowledged the debt in any way or made a payment since 2004? if not the debt is likely to be statute barred and cannot be pursued in court. Someone else will link to a standard letter if this is the case. I would definitely not sign the paper until you have sorted this out.

gizmo111

Just reply to the court papers saying you intend to defend and then gather your evidence for defence.

fatbelly

Agree with the above. Acknowledge service and get another 14 days.

The 14 day limit in the first instance is 14 days from service. The claim is deemed to be served 5 days after it is issued if it came from Northampton, 3 days for other courts.

I am confused by your first post. You sent off a CCA request. but they want a consent order from your partner. Whose debt is it?

If it was a valid cca request you can ask for action to be stayed util they comply.

OFT 1272

If it's statute barred or unenforceable under s127 (para 2.25 of the above), then use those defences

kitkat34

hi yes sorry the debt is my partners but we are on a joint self managed dmp im the one that does all the work

fatbelly

kitkat34 wrote: »

hi yes sorry the debt is my partners but we are on a joint self managed dmp im the one that does all the work

OK, but to be valid, the s76-79cca request would have had to be made by your partner. Hopefully that was the case, and you have a copy of it.

The earlier comments about statute barred would only apply if there had been a six-year period when the debt was not acknowledged by payment or in writing (even if you subsequently started to make payments). That now seems unlikely, but you would know.

happy_bunny_2

Was the card originally with Halifax or one they bought like marbles?

Couldn't find my Marbles CCA from 2002 so if they don't send you one I would defend on the basis of no executed agreement.

chanz4

happy_bunny wrote: »

Was the card originally with Halifax or one they bought like marbles?

Couldn't find my Marbles CCA from 2002 so if they don't send you one I would defend on the basis of no executed agreement.

didnt marbles get taken over by barclaycard

happy_bunny_2

chanz4 wrote: »

didnt marbles get taken over by barclaycard

Not mine. Egg did, Marbles went to HBOS then someone I can't remember. Never heard of them mind.