Time limit to provide CCA

Katy43

Yes it's my only debt and my credit rating is excellent and I don't want to lose that. There is nothing on my credit file.

Can Overdales add this to my credit file?

Thank you for your help, it's really appreciated.

sourcrates

No, its already dropped off, nothing can bring it back.

Katy43

So, I wrote to Overdales in December, not admitting any liability but stating that the document that they sent through did not comply with section 78 of the Consumer Credit Act as it wasn't a credit agreement.

I've received a reply and they are saying that it was a copy of the credit agreement and giving me 30 days to make a payment otherwise they are threatening court action.

I'm really not sure what to do now, do I write back and if so what or do I leave it and see what they do? I checked my credit rating just before Christmas and I see that they have done a credit check on me.

Does anyone have any advice as I really don't want to get a ccj.

sourcrates

Katy43 said:

So, I wrote to Overdales in December, not admitting any liability but stating that the document that they sent through did not comply with section 78 of the Consumer Credit Act as it wasn't a credit agreement.

I've received a reply and they are saying that it was a copy of the credit agreement and giving me 30 days to make a payment otherwise they are threatening court action.

I'm really not sure what to do now, do I write back and if so what or do I leave it and see what they do? I checked my credit rating just before Christmas and I see that they have done a credit check on me.

Does anyone have any advice as I really don't want to get a ccj.

As Fatbelly said in a previous post, let them take you to court, and you would defend the claim. 

Suseka97

Have you reached out to the legal beagles forum as suggested by @fatbelly a few posts back?  This is definitely in their area of expertise and well worth following up on.  

fatbelly

You'll probably get a pre-action letter. Post here when it comes and follow our advice.

Katy43

Thank you very much for your replies.

I had a 'notice of pending legal action' from Lowell on 27/1/21 but it was taken over by Overdales in June 21.

I have reached out to Legal Beagles and they have advised me to write back to Overdales again. I'm assuming that I need to state that I have taken advice and that they have sent me an application form and not the cca?

I really do not want to get a ccj. If they go that route, how will I know will I get forms from the court automatically?

Thank you very much for your help.

sourcrates

Katy43 said:

Thank you very much for your replies.

I had a 'notice of pending legal action' from Lowell on 27/1/21 but it was taken over by Overdales in June 21.

I have reached out to Legal Beagles and they have advised me to write back to Overdales again. I'm assuming that I need to state that I have taken advice and that they have sent me an application form and not the cca?

I really do not want to get a ccj. If they go that route, how will I know will I get forms from the court automatically?

Thank you very much for your help.

A creditor cannot simply rock up at court and ask the judge to issue you with a CCJ for the money you owe, although some think that`s what actually happens, nothing could be further from the truth.

Anyone making a claim through the courts must have supporting evidence to prove the debtor legally owes the money they are wanting to claim, in these circumstances, evidence would be in the form of a credit agreement, setting out who you are, where you live, what you have borrowed, how much you owe etc etc.

We have already established that Lowell do not possess such a document, and have attempted to fob you off by sending you a copy of an application form, in the hope you will accept this, luckily for you, you didn`t, so you now know this is not acceptable.

If Over dales/Lowell got legal, there is a process to follow, its all described in the civil procedure rules, but basically a first step is an LBA (Letter before action) this is a questionnaire type document, with a 30 day return window, at the bottom of the form is a tick box to ask for evidence of the debt, you would tick that box, Lowell know what they sent you will not cut any mustard with a court, so the claim would effectively end there, as they would not be able to comply, chances are it would never progress from that point.

To avoid getting to the LBA stage altogether, as Legal Beagles have also advised you to do, write back to Over dales stating the "evidence" they have supplied is defective, it is not evidence of any debt owed to them, and is insufficient to be used as the basis for any court case.

Tell them your request for actual proof of liability still stands unfulfilled, so either provide what you have asked for, or you will consider the matter closed, and they are never to contact you again about it.

Send 1st class signed for.

Katy43

So, I wrote to Overdales on 25th Jan stating:

'I do not admit any liability for your claim.

Following your letter dated 29th December 2021, you have not provided proof that I am liable for any debt. The evidence you supplied is defective and not evidence of any debt owed and is therefore insufficient to be used as the basis of any court case.

I will defend any County Court Claim made against me.'

On the 1st Feb, I received a reply from them saying:

' Please note that we have previously provided a copy of the credit agreement. Our client is satisfied that the documents sent meet the requirements of their cca obligations. Should you wish to dispute the matter further, you would be required to provide proof to support your claims as to why you are not liable for this account. Please now confirm your intentions with regard to this account.'

Could anybody advise me on what to do next? Do I write back or leave it to see what they do?

Any help would be gratefully received.

fatbelly

I would leave it at that. You've told them you would defend any court claim.

They have to decide whether it's worth spending money on trying that.

Nothing further to discuss...