credit card debt going to be CCJ'd

stevenishere

Hi,

Back in 2008 I took advice from this website about using the Consumer Credit Act to request details on a credit card debt and subsequently try to make it unenforceable.

The template letters I used are still proving popular in threads like this forums.moneysavingexpert.com/showthread.php?t=4682703&highlight=consumer+credit+act+1974+sections+77+79

At the time they replied saying they couldn't provide the original agreement but the debt was still enforceable. Further advice here indicated they were wrong.

But thats 5 years ago and I know the system has changed. A few days ago I received a court claim. I just wanted to know if I have any defence, or my only option is to accept it?

Thanks for any advice you can offer.
Steven

agrinnall

You could always pay the debt, that would avoid a CCJ quite nicely.

rizla_king

Ask here http://www.legalbeagles.info/forums/forum.php

fatbelly

I agree with Rizla

You've come up as post count = 1 so I can't see what advice you were given in 2008.

It was always the case that ultimately only a court could decide whether something was or wasn't unenforceable.

It looks like the lender has decided to test your arguments regarding the original agreement in court while they are still in the six-year limitation period.

So this is a pre-April 07 agreement and they cannot produce the original agreement. Did they ever send you a reconstituted agreement in response to your s77-79 request? If not, there's an argument there.

If no agreement at all then there is an unenforceability argument under s127(3) CCA1974 .

Of course if you can show a six-year period when you did not acknowledge the debt then you have a more straightforward defence.

In any event you need to follow the timescales of the court claim so acknowledge service within 14 days and put your defence in within 28.

I'd be interested to hear how you get on (and read those old threads if you can link to them)

happy_bunny_2

If taken out pre April 2007, no signed original agreement and its unenforceable. If it's not got the correct prescribed terms, then it can be defended as unenforceable even if they have the signed original.

Key point is, you have to defend, or they can get a default judgement.

Saying they don't have the agreement and its enforceable is wrong. You still owe the money, but not enforceable in court.

They may be chancing their arm.

stevenishere

Hi, Thanks for the link to that forum Rizla.

I'm afraid I don't know what my old user was, and probably most of the posts were done by my exwife.

This was taken out preApril 07 (back in 1997 or 98). I sent the requests recorded deliver and have the signature receipts. The reply said they could n't produce the original, nor did they send an updated or reconstituted agreement.

Currently at 5 years. I'll try to find any of the old threads.

Thanks

happy_bunny_2

They are stuffed I would say.

As Fatbelly says, defend as no CCA. Let them waste their money.