CCA requested after letter before action

33days

I received a letter before action from Lowells solicitors (BWLegal) Dated 18th April and received on the 23rd April

I sent CCA request to Lowell and "Prove it letter" to BW legal on the 25th April .... Both gave no responce or reply

Yesterday (the 12th May) I received a county court claim form Dated 10th May...

Are they allowed to do that.. I thought the CCA request puts on hold any action ?? If someone can advise just so I can move to the next step..

fermi

Non compliance with a s77-9 request doesn't legally put anything 'on hold' in terms of collection or starting legal proceedings.

That is a internet/forum myth.

A creditor can do as they please, including stating legal action.

The only thing non compliance with the request means is that the court is not entitled to make an eventual order enforcing the debt while they are in default, but everything leading to that can go ahead.

Even then, you would have to present the lack of response to the CCA request as part of your defence to the court, as they won't automatically know of it and take into into account unless you do.

33days

Thats cleared that up thanks Fermi

fermi

A lot of creditors/DCAs do seem to have a policy of putting things 'on hold' while a CCA request is outstanding, so I think that in part is why it's become assumed by many that they have to.

They don't, and not all will.

fatbelly

Legalbeagles is your friend here

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

You are already ahead of the game by doing a cca request and your defence will look like their sample defence

http://legalbeagles.info/forums/showthread.php?53221-EXAMPLE-Defence-for-Consumer-Credit-Court-Claims

including

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

but ask on there for the fine detail