Weightmans Llp

artlaw

Hi I requested my CCA from Weightmans on 27.9.07 and never received it. Last month they sent me a copy of my application form for a HFC credit card dated 1995, and yesterday I received a letter from them and court papers saying that they are taking me to court to reclaim the debt.

Can they do this? Is an application form a CCA? and should I dispute the claim as they definately didn't supply me with a CCA within the 2+12+30, and then after another 2 months only with an old application form?

Help please, I have 14 days to respond to the court.

Valley's_girl

Hi artlaw sorry I don't have any advice I can give you, but I am sure someone will be along shortly who will be able to help. Good luck.
Ally x

artlaw

Thanks Ally, any help or advice is appreciated.

Regards
Artlaw

RAS

artlaw

Exactly what have they sent you. We need to know a lot more about these court papers.

And if they have not provide the CCA, then you needed to write another letter telling them they were in default. Did you do that?

artlaw

Hi Ras,

There are four pages which have been sent by Northampton (CCBC). There is a claim form, one page headed response pack, another headed Defence and Counterclaim and an income and expenditure form.

I did send them another letter (from a template off this site) when they failed to supply the CCA after the 2+12+30 days, but they then went quiet for a while and I wasn't too sure where to go with it, but I am going on what is said on this site and assuming that the debt may be unenforceable due to this.

I have tried to get some legal advice today and was told that it would be hard to deny knowledge of the claim as I have been paying the account since 1995. The person advised me to defend part of the claim, which I am considering (as the original amount of credit was approx. 1500 on a credit card) but it was transferred to a loan in 2002, so I have so far been paying this debt for 13 years, and I now owe more than the original amount which was transferred in 2002 (according to the DCA), but am not sure where I stand with regards to the CCA as the legal person I spoke to today said that the judge probably won't even ask for one (I'm confused because that goes against everthing said on here).

My biggest concern is that they are trying to get a charge over my property and as the little equity in the property is all I have after both myself and my partner working since we were 16 (mid. 40's now), and as the debt isn't secured I really don't want to go there.

I would be grateful for any advice or help.