Drydens fairfax cca

lennon2004

Hi, firstly I hope I've posted this in the right place, apologies if I haven't.
To cut a long story short I divorced in 2009 leaving myself in debt. Stupidly I buried my head on the sand.
Last march I recieved a letter from drydens fairfax threatening court action for a debt of just over £2500 owed to capquest ( a debt bought from shop direct).
I replied to them sending a cca request, but still recieved the court papers. I filed cca faliure as my defence as they returned the £1 postal order along with a letter saying they couldn't locate the documents, so the case was stayed.
This morning out of the blue they sent me a letter with a signed credit agreement attached, but no statments e.t.c as requested in the cca.
I don't dispute I owe them money but the amount they are requesting is about £700 more than it was when sold to capquest and no letters stating why the balance has changed or charges. So I wish to dispute the debt amount.
Should I send them a letter asking them to fully comply with cca?

Any help would be greatly appreciated

sourcrates

How old is the debt ? an appropriate response to a CCA request is normally a copy of your agreement, can be reconstituted, but if taken out prior to April 2007, it needs to be a copy of the original, also they should send you statements and any other relevant paperwork, so yes, dispute it, in writing, saying they have not fully complied.
Also ask for a full breakdown of the balance they claim you owe.

lennon2004

Thanks for such a quick response.
The agreement was first taken out in sept 2006 and I defaulted in 2009. From what I can see the agreement is a copy of the original.
If I send a letter asking them to fully comply do you think they would hold off any court action until they can comply.
I would like to make an offer to repay as I really don't want a ccj but don't want to pay more than I owe.

sourcrates

lennon2004 wrote: »

Thanks for such a quick response.
The agreement was first taken out in sept 2006 and I defaulted in 2009. From what I can see the agreement is a copy of the original.
If I send a letter asking them to fully comply do you think they would hold off any court action until they can comply.
I would like to make an offer to repay as I really don't want a ccj but don't want to pay more than I owe.

Have PM`d you.

sourcrates

From what I can see it complies with the CCA 1974 in all aspects except the credit limit.
The agreement should show the credit limit applicable, on your agreement it states "credit limit will be notified from time to time".


You could challenge it on that basis, also ask why they have not sent you statements and a complete breakdown of charges.
Lets be realistic here, only a court can rule if an agreement is enforceable or not, but if there are paperwork issues, as yours appears to have, it may be beneficial to you in negotiating with them.

lennon2004

Thanks so much you've been more than helpful, I will write them a letter asking for those details and why there's no credit limit.

rizla_king

sourcrates wrote: »

From what I can see it complies with the CCA 1974 in all aspects except the credit limit.
The agreement should show the credit limit applicable, on your agreement it states "credit limit will be notified from time to time".

There is no requirement to state an exact limit on the CCA. The prescribed terms required is

"A term stating the credit limit or the manner in which it will be determined or that there is no credit limit."

That you will be notified of the limit from time to time by the lender is OK under that.

Lensman_2

Just to recap here then.

You were threatened with a claim.
You responded with a CCA request.
They failed to produce anything.
They then proceeded with the claim.
You defended (presumably) on their failure under the CCA 1974 s.77/78.
The claim was stayed.
They have (some time later) come up with a compliant agreement.

Is the summary correct - if not please correct it.

Did you challenge the amount claimed in your defence too, or did your defence just rely on the lack of the agreement?

I have to say that there is a danger here that they will go back to court. And I wouldn't be poking a stick in the hornet's nest by challenging their response just now.

Wait for them to resume the claim (if they do).

lennon2004

Lensman wrote: »

Just to recap here then.

You were threatened with a claim.
You responded with a CCA request.
They failed to produce anything.
They then proceeded with the claim.
You defended (presumably) on their failure under the CCA 1974 s.77/78.
The claim was stayed.
They have (some time later) come up with a compliant agreement.

Is the summary correct - if not please correct it.

Did you challenge the amount claimed in your defence too, or did your defence just rely on the lack of the agreement?

I have to say that there is a danger here that they will go back to court. And I wouldn't be poking a stick in the hornet's nest by challenging their response just now.

Wait for them to resume the claim (if they do).

Yes you've got all the info right, although the case hasn't been heard in court yet as they couldn't produce cca, not sure if that makes any difference.
I didn't dispute the amount I assumed they would send me statments showing the relevant balances including any charges.
It was only when I checked on my credit file I noticed there was a significant difference between the starting balance and what they say I owe.
I've never received any correspondence from them reguarding any charges being added.

Thanks for taking the time to respond