Lets All Ask For Our Cca!

stapeley

Thanks for that ROG 2 , is it that simple ! No one has made that fact clear till now . I would presume that the court would imform you of any application , for you to contest it ! cheers and best wishes

stapeley

To sum up !

Having failed to provide the required and correct paperwork , within the time allowed . A OC or a DCA would need a court order to enforce the debt .

However it would be unlikely to be enforced by the courts , given the fact that the OC or DCA failed to provide the imformation within the time requirement under the CC ACT.

Also a OC and DCA would be unable to proceed to court without the CORRECT paperwork

Would these points be correct ???????????

rog2

stapeley wrote: »

I would presume that the court would imform you of any application , for you to contest it ! cheers and best wishes

The dca would need to issue you with a County Court Summons - usually theu try to 'rush' these things through the fast track system at Northampton County Court, although, even then, you would recieve a 'summons' - on that 'summons' you have a 'defence' section, where you can dispute all or part of the 'alleged debt' and give your reasons why.
Normally, if you submit a 'defence' the case would be transferred to your local county court. Experience has, however, shown that by submitting a 'defence' especially relating to the lack off cca, the dca will, often, withdraw the summons.

stapeley

:j Thats great news:j

stapeley

Lots of things can muddy the waters ,but things are clearer now!

artnoble

im sending my request off today. wish me luck for a good outcome.

but nervous about this to be fair

debrag

sent mine off yesterday (9th) so that makes it 25th. Lets hope I put the £1 in lol

stapeley

I,ve requested 3 in total now , recieved a so called deed of assignment on one within 5 days . But nothing else as yet . First deadline is 8days off !

rog2

artnoble wrote: »

im sending my request off today. wish me luck for a good outcome.

but nervous about this to be fair

I wish you Good Luck for a good outcome - no need to be nervous - you are, after all, only excercising your legal rights.

Same goes for debrag and stapeley. :beer:

purpledelly

Bit of news from me to update.

I had a call from Trading Standards today - re one of the DCAs who has about 5 of my debts and who I have no idea what I owe, how much charges are and even which original debt they have. PLUS they've been trying to pass on the debts to other places whilst in dispute

So it wasn't a very interesting call - he was telling me they had passed it onto the enforcement department who may contact me for more info and who would decide if an offence had been committed :rolleyes: Here's hoping!
He did mention one interesting thing though - he said he didn't think that under the Consumer Credit Act - that even if they committed an offence we would be entitled to reclaim money but confirmed they couldn't enforce the agreement which I obviously already knew. I'm not so fussed about a refund to be honest though.

Anyway - will keep you posted if I hear more!