Notice of Intended Litigation and no CCA?

hipro

Hello i hope you dont mind me asking a question about this company as i recieved the same letter about litigation although my debt is only £400.00
it is all made up from bank charges from the rbs,my question is this can moorcroft collect on this while the court case with the oft is still ongoing? because if the banks can suspend paying back the charges what right does a debt collector have to try and collect on somthing that may or may not be legal,could sombody maybe give me a few pointers on a letter to send to moorcroft?.
thanks in advance
hipro

Tinkles

fermi wrote: »

Because unless you know to insist that the genuine CCA is provided to the court for their inspection, many courts (especially the Bulk County Court Claim Centre in Northampton) will make an order in the creditors favour without it.

You need to defend such a claim on the basis that a valid and enforceable CCA has not been forthcoming.

Interesting you should say that Fermi as I have a CCJ from the County Court in Northampton, I was unaware at the time that I could ask for the CCA on the account as I now know that there would not be one as it was for Next which I applied for on line and never signed anything.

I don't suppose there is anything I can do about it retrospectively is there??

Tinkles

fermi wrote: »

As far as I know, the Consumer Credit Act 1974 (Electronic Communications) Order 2004 and the Electronic Communications Act made completing and verifying an agreement electronically acceptable and enforceable.

So it's likely they would have something that complies with the law.

Plus getting a CCJ set aside on the grounds of no enforceable CCA looks to be problematic at best, and you would probably need additional grounds to do so.

Have a look at the discussions that a Google search brought up on this: Link to search results.

Thanks Fermi - I didn't think I would be able to do anything about it but it doesn't hurt to try!