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CCJ STAYED ASKED FOR CCA

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Hello
wonder if anyone could advise please .
lowells issued a CCJ against me in December 2021 relating to a credit card debt - I responded to the CCJ stating I had requested a copy of the CCA - the CCJ was stayed and I heard nothing since, until yesterday when I got an email with a copy of the CCA saying 14 days to pay or we carry on with CCJ
Question is - is 15 months an acceptable & legal amount of time for them to stay the CCJ , and provide a copy of the CCA , and any advice from here .

Thanks in advance 

Ovalcut 

Comments

  • If they've provided the CCA as you requested, then there is no reason for the CJ to be stayed any longer.
  • Yes. That’s fine.

    I presume you did actually apply for the credit card, accept the terms and conditions and spend the money? Basically hoping that they wouldn’t be able to find the CCA so you could avoid the debt on a technicality?

    Now they have provided the CCA, the debt is valid and they are free to continue to collect the debt how they wish.

    Sorry if it’s not what you want to hear.
  • mcpitman
    mcpitman Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes. That’s fine.

    I presume you did actually apply for the credit card, accept the terms and conditions and spend the money? Basically hoping that they wouldn’t be able to find the CCA so you could avoid the debt on a technicality?

    Now they have provided the CCA, the debt is valid and they are free to continue to collect the debt how they wish.

    Sorry if it’s not what you want to hear.
    Way to come out of the gates with ya 3 posts.

    Be nice.
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
  • mcpitman
    mcpitman Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ovalcut said:
    Hello
    wonder if anyone could advise please .
    lowells issued a CCJ against me in December 2021 relating to a credit card debt - I responded to the CCJ stating I had requested a copy of the CCA - the CCJ was stayed and I heard nothing since, until yesterday when I got an email with a copy of the CCA saying 14 days to pay or we carry on with CCJ
    Question is - is 15 months an acceptable & legal amount of time for them to stay the CCJ , and provide a copy of the CCA , and any advice from here .

    Thanks in advance 

    Ovalcut 
    Hi,

    Have they produced a CCA now?
    Was it valid?
    Is the debt now enforcable?
    Can you pay the CCJ?
    How much is it for?
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
  • mcpitman said:
    Way to come out of the gates with ya 3 posts.

    Be nice.
    I was being nice.

    come on, we all know how the game is played with CCA requests. It’s basically looking for a way out of debt on a technicality.

    I don’t have a problem with that.

    Theres 2 outcomes with a CCA request, either a valid one is found or it’s not.  On this occasion a CCA has been found, the debt has been validated and the OP has to pay. I don’t see what is so unreasonable about pointing that out.

    OP had 15 months grace on a debt - a lot more than some people have.
  • sourcrates
    sourcrates Posts: 31,532 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    To clarify, Lowell issued a claim against you, you asked for evidence of the debt, and the case was stayed.
    Fast forward, and Lowell have produced the required evidence, and have now issued you with an ultimatum.

    The claimant can apply to the court to lift the stay at any time they see fit, did you have a defence to the claim apart from the above ?

    If not then its time to make an arrangement with Lowell, or accept the courts judgement in this matter.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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