No CCA received. What next?

AndyLGR

I recently had a court claim come through from Northampton, raised by Lowell for a credit card I have no record of.

I filed a defence requesting a copy of the CCA. The court acknowledged this and the ball was in Lowells court.

Anyway they've now come back saying they are continuing with the claim, yet they haven't sent me a copy of the CCA and its been over a month now since it was requested.

Whats the next step? In the absence of a CCA can they still go to court again?

McKneff

Surely you must have had lots of correspondence regarding this before it got to the CC stage.


Which is when you should have disputed it.


??

fatbelly

If your defence is that this isn't your debt, there should be a hearing and they must present their evidence there that links you to the account.

If you had done a cca request before the claim, and it had not been complied with, then you could ask for the claim to be stayed. But it's gone beyond that.

AndyLGR

fatbelly wrote: »

If your defence is that this isn't your debt, there should be a hearing and they must present their evidence there that links you to the account.

If you had done a cca request before the claim, and it had not been complied with, then you could ask for the claim to be stayed. But it's gone beyond that.

The claim has been stayed by the court once I filed my defence, pending Lowells comiNG up with the CCA.

FireWyrm

Your defense is that you dont know anything about this and unless Lowells can prove it, they can jog on. Have you received papers again? Have you missed the court case? Where exactly is this in the sequence of events and why are you waiting for Lowell to take their own sweet time about answering you?

Send a recorded delivery letter demanding that they cease their activities immediately since you do not acknowledge and have nothing to do with this debt.

Speak to the court and find out where this has got to and what is happening officially.

AndyLGR

FireWyrm wrote: »

Your defense is that you dont know anything about this and unless Lowells can prove it, they can jog on. Have you received papers again? Have you missed the court case? Where exactly is this in the sequence of events and why are you waiting for Lowell to take their own sweet time about answering you?

Send a recorded delivery letter demanding that they cease their activities immediately since you do not acknowledge and have nothing to do with this debt.

Speak to the court and find out where this has got to and what is happening officially.

I don't have the paperwork to hand, but.

Court papers recieved in Jan.

Filled in the defence saying I had no records of the account and I had requested a copy of the CCA from the claimant. Court came back and said the claimant could come back in 28 days applying for an order to lift the stay.

CCA request sent to the claimant along with the £1 fee.

Lowells have now come back with no CCA documents just a letter saying they will continue with the claim and have applied to the court to continue the claim.

FireWyrm

AndyLGR wrote: »

Lowells have now come back with no CCA documents just a letter saying they will continue with the claim and have applied to the court to continue the claim.

:rotfl:
That'll be an interesting day in court then.

Do you think that they might actually have any evidence, or is this likely to be a case of mistaken identity - your name and address is similar to their mark?

Go over here : http://www.legalbeagles.info/forums/forumdisplay.php?283-COURTS-BAILIFF-S-BANKRUPTCY-amp-HARRASSMENT

In the meantime, I would be writing a stiff letter to Lowells demanding that they produce the evidence or refund your £1. Check that the cheeky so-and-so's havnt just credited that £1 to the account to prove 'acknowledgement' instead.