Cabot and Lowell

Darkcloudleaving

Can they really issue a CCJ if they can't produce a CCA?

Grumpelstiltskin

No they can't apply for a CCJ if they can't produce a CCA.
If they do try all you need to do is defend it saying they haven't produced a CCA and it will be thrown out, but remember they do come up with allsorts of empty threats they don't follow through on.

sourcrates

Lets be clear, its the court that grants a CCJ, not the claimant, but this only happens if the claimant can prove you owe the money.

Without a valid credit agreement, that will not happen.

Freeatlast

Grumpelstiltskin said:

No they can't apply for a CCJ if they can't produce a CCA.
If they do try all you need to do is defend it saying they haven't produced a CCA and it will be thrown out, but remember they do come up with allsorts of empty threats they don't follow through on.

Are they required to submit the CCA to the court to obtain the CCA in every case? Or only if defended/requested by the debtor? 

Grumpelstiltskin

I don't know exactly what the forms the lender has to fill in and submit to the court but I guess they have to provide evidence that the credit agreement exists, so the CCA is that evidence.

sourcrates

Freeatlast said:

Grumpelstiltskin said:

No they can't apply for a CCJ if they can't produce a CCA.
If they do try all you need to do is defend it saying they haven't produced a CCA and it will be thrown out, but remember they do come up with allsorts of empty threats they don't follow through on.

Are they required to submit the CCA to the court to obtain the CCA in every case? Or only if defended/requested by the debtor? 

When a lender takes legal action, its imperative that you, as the debtor, submit a defence to that claim, which would include asking for evidence of your liability for that debt.

When you dispute the debt, the lender must submit a "proof of claim form" to the court.

In the case of consumer credit debt, this would be in the form of a copy of the original credit agreement, so if they don`t hold a copy, the claim ends there and then.

If you don`t submit a defence and dispute the debt, then there is no requirement for the creditor to provide any proof, and you would get a judgement by default.

Darkcloudleaving

I've received an email from Cabot asking me to update my address  as they've been notified I am not at the address they have.  The address is my brother's old address.  Do I need to provide a new address, if they do in fact have the CCA for the HSBC loan will they be able to issue a CCJ and cause trouble for my brother?

THey say they want to send documents related to the Credit Card which they just admitted HSBC can't send them the CCA for.

sourcrates

The question should be "do you want to update your address with them?"

You live abroad, a CCJ only affects the named individual, and only in the country its granted in, your Brother is not the named debtor, so it would have zero effect on him.

There`s nothing Lowell or Cabot can do that will affect you in any way whatsoever, I really don`t understand why you engage with them at all, or continue to pay debts you don`t have to.

Darkcloudleaving

Thanks for the advice sourcrates, I really appreciate it.  No, I do not wish to give them any more addresses.

I'd like to ascertain if they hold the CCAs, so dar they have confirmed that they do not for 1.  Waiting to hear on the others.