CCA request and CCJ

Holdenbackthetears

Hi

I had an old debt with HSBC which I defaulted on just under 6 years ago. I received a few letters initially from HSBC and then other companies they sold the debt onto. However, nothing for 18 months or so.

My situation changed slightly with finances and I was in a position to make a small monthly payment towards it but as it approached 6 years old, I didn’t contact them as I didn’t want to start it all back up if it would soon be statute barred.

However, I have received court papers this morning out of the blue. This is from Northampton court.

I have heard about requesting a CCA and if a creditor doesn’t have it, the debt is unenforceable, but also that this doesn’t apply once a CCJ has been issued. So my question is whether I could ask for the CCA and file a defence to hold action whilst they come back to me?

Now they have added court fees to the debt, it is large so I don’t want to pay this if it isn’t legally enforceable. Would a court allow action to be held for me to request the CCA and if so, do I need to enclose a £1 check as I don’t have a check book.

I don’t want to dither over what to do and miss my chance to ask for time to pay back by instalments, if the CCJ is issued.

Thank you.

Holdenbackthetears

Another thought was that if a CCJ was obtained, I know you can pay in full within a month and have it removed from your file. Would the same apply if I contacted the creditor for a full and final figure and is it likely that they would negotiate at this stage or would they want the CCJ issued and enforceable before they negotiate. If I’m going to have to have it on my record anyway, I may as well just pay them monthly, but would have considered not paying anything else for the next month in hope that I could save enough for a full and final sum. They had previously offered 60% off and that was 3 years ago but I didn’t have anything spare to offer then.

sourcrates

What exactly have they sent you, is it a letter before action (LBA) which would be a questionnaire type document with a 30 day return window.

Or, an actual claim form pack ?

If its an LBA, then fill it in as directed, tick the box for more information, send it back within 30 days.

It its a claim form, then Legal Beagles cover`s your possible responses here -

LegalBeagles

fatbelly

Holdenbackthetears said:

Hi

 I have received court papers this morning out of the blue. This is from Northampton court.

I have heard about requesting a CCA and if a creditor doesn’t have it, the debt is unenforceable, but also that this doesn’t apply once a CCJ has been issued. So my question is whether I could ask for the CCA and file a defence to hold action whilst they come back to me?

Yes, do a cca as part of your defence:

• Acknowledge the claim online
• send a cca request to the claimant
• send a cpr request to their solicitor
• start a thread on legalbeagles

https://legalbeagles.info/library/guides_and_letters/court/first-steps-to-take-on-receipt-of-a-county-court-claim/

Holdenbackthetears

Thank you so much for your help, both of you. I feel a lot better for having a plan of action 😊

Holdenbackthetears

sourcrates said:

What exactly have they sent you, is it a letter before action (LBA) which would be a questionnaire type document with a 30 day return window.

Or, an actual claim form pack ?

If its an LBA, then fill it in as directed, tick the box for more information, send it back within 30 days.

It its a claim form, then Legal Beagles cover`s your possible responses here -

LegalBeagles

Yes it is the court pack so I will get on with acknowledging and sending off the letters this weekend. Thanks so much.