CCA Request and Agreement

paulo41

Hi, sorry about the delay. I didn’t send the cpr request. I have filled out the DQ form and am awaiting the next stage. I feel that the supposed CCA they cobbled together is not fit for purpose under the Consumer Credit Act and have sort legal advice on this as well. I maybe wrong but with them sending the account closed letter and the years passed when they could have commenced court action much earlier if they believed it was enforceable. Of course they also did not respond to the CCA requests as previously mentioned. Happy for any thoughts thank you.

Just_Di

paulo41 wrote: »

I didn’t send the cpr request. I have filled out the DQ form and am awaiting the next stage. I feel that the supposed CCA they cobbled together is not fit for purpose under the Consumer Credit Act and have sort legal advice on this as well. I maybe wrong but with them sending the account closed letter and the years passed when they could have commenced court action much earlier if they believed it was enforceable. Of course they also did not respond to the CCA requests as previously mentioned.

Have you ticked the box for free telephone Mediation on the DQ? If this claim is for under £10k that can be a good way to dispose of it (over £10k and Mediation is not on offer).

From what you say the Claimant has now produced a credit agreement so the fact that they failed to comply with your CCA Requests in the past is no longer relevant. However it seems you may have sought legal advice on whether the document is enforceable (unless I've misunderstood your post).

I suggested you send the solicitors a CPR 31.14 Request seeking disclosure of the documents mentioned in the Particulars of Claim such as the Default Notice, Termination Notice, Notice of Assignment, Deed of Assignment etc., but perhaps you've received different legal advice so I'm not going to say anything which could conflict with that.

I'll only add that relying on one legal argument is a gamble when you could plead others.

Keep track of the time you've spent dealing with this claim because if you win you could ask the court to order the Claimant to pay your costs (it's up to the DJ's discretion if this is allocated Small Claims Track) and a Litigant in Person can charge £19 per hour.

Di

paulo41

Many thanks. Is it worth still sending the CPR 31.14 if I have completed the DQ? I did not tick for mediation as it said if I had all the necessary documents which I don't. I suspect this will be allocated to small claims track as it is for £3,100.00.

I have yet to receive the notification of assignment or a proper CCA. The court papers they filed suggest a CCA dated 13th November 2003, yet they have only sent a rapid response card dated October 2003. My research has shown that this is not a fit for purpose CCA as it does not contain the prescribed information, as dated prior to 6th April 2007. There are errors on the Terms and Conditions that they have sent, as an example the Rapid Response Card refers to condition 22 how we use your information, yet there is no condition 22 on the T&C's that they cobbled together. Also default charges are incorrect on the supplied T&C's. I suspect that there will be other inaccuracies once I read through the sent T&C's further.

One final question is if they don't file their DQ in time what happens to the claim?

Appreciate the help and guidance as ever.

paulo41

Would appreciate any comments on the above

Thank you 😊

paulo41

Just in relation to this it has been transferred to the local small claims court who have sent us a letter saying they have lost the defence papers and can I send a copy? Any advice on what I should do please? I need to reply within 14 days ie pretty sharply!

fatbelly

Hi

I guess you send them a copy of the defence.