Is it too late to ask for a CCA?

fanofmartin_2

Hi helpful people,

I have been issued court papers from equidebt, I had enetered into an agreement with them but couldn't keep up payments and they wouldn't lower it. It is for just under £5000. I can't even remember who the money was initially for. At the moment I'm trying to decide whether to enter a defence or do the expenditure form and offer a small amount a month. Is it too late to ask for the CCA to see if they can demand the money? Thanks for all your advice

fanofmartin_2

i'm bumping in the hope someone whoknows will answer, i've got to do the papers today and am worried.

rog2

Hi fom - the short answer is 'NO it is NOT too late to request a true copy of the original cca'.
You should do this IMMEDIATELY and inform the Court, either by phone, or on the 'defence' section of the summons, that you dispute this claim, and have requested a true copy of the original cca, as is your right under the Consumer Credit Act, 1974.
If the 'papers' are from the Northampton 'Bulk Handling' County Court, then you should request, again as is your right, that this claim be transfered to a court more local to you - it should, automatically, be done but it is worth requesting nevertheless.
For information on how to request the original cca, plus a template letter, go to:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

If equidebt are unable to provide you with this, then they are unable to pursue you for payment - even through the courts.

Good Luck.

stapeley

Thanks again to rog2 . He,s correct , as you have now recieved a summons the claimant must comply with your requests for details . Ask for everything they have and everything they are using in court . There are court procedure guides floating about , hopefully someone has the links . I asked for all my monthly statements , one month was missing , so untill they find it , account is in dispute !

fanofmartin_2

Thanks for the replies.

first I need to acknowledge, then ask for the true cca and what is it when I ask for all statements. Do you have any knowledge of equidebt, are they likely to have all of this?