Help !!! 2 Weeks Before Court Now Cca Arrives

artlaw

Hi there everyone I have been having a battle with Weightmans LLP (HFC) for approx. 1 year now.

To cut a long story short I requested a copy of the CCA and statement of account approx. 9 months ago and never received it. They issued court proceedings against me earlier this year, which I am defending as there is no CCA.

Last month they completed their allocation questionnaire and requested that the case was stayed for 1 month to allow them to get the documentation together (CCA) and low and behold today, after approx. 9 months they have produced a copy of the CCA. They have also put an amount of £3000 court costs on the QA.

I could do with some advice as to where to go with this now if possible. It looks like my signature on the CCA but why haven't they sent it before? also on the letter they sent with it they state that they would prefer not to go to court and have offered a slightly reduced rate to settle the debt.

Any help please?

OliveOyl_2

I don't know the answer
But I'll bump you to the first page (you've slipped to Page 3 :eek: )

GeorgeUK

When you sent the the letters, did you sign them?
Did you keep a copy of the letters? How close a match is your signature to the one in the letter?

Did you report them to TS after they failed to supply the CCA?

Does the CCA the sent have everything it should have on it?

I'll try to hunt through any similar threads to see what has happened. Hopefully you'll get other replies meantime.

stapeley

I would let it go to court . Point out that they were 10 months late with the supply of a CCA . Hopefully the Judge will not look kindly on the delay . Is it for a CC DEBT ? Did you request all of the last six years statement ? The DCA chasing me are missing one months statement ,so account on hold till they find it .You can also can ask for the Original agreement to be produced for the court to inspect as you believe it in properly executed.

artlaw

Hi guys, Thanks for the reply's so far. I didn't report them to TS (who from past experience don't seem much help), but when I originally received the court papers I wrote to Weightmans to again request a CCA and statement of account and I sent a copy to the court at the same time.

I felt optimistic that they didn't seem to want to go to court as they stalled for so long and even now have requested a one months stay and also on their letter today have stated that it is not in their or my interest to go to court and they have said that they will reduce the debt slightly if I contact them and agree to pay (not sure if I should contact them).

Reading between the lines I don't think they want to go there, and don't know why if they do actually have a true, signed copy of the CCA.

Has anyone else had this happen? The signature does look authentic but why has it taken them so long to provide it?

Thanks again any help appreciated.

Caz1965_2

Have you checked its a properly executed agreement with all the prescribed terms?
Did they send you the original T&C and a statement of account with your CCA request?

Im still waiting for a cca request from last yr also, if they sent it now I have been adviced that they can only enforce it by going to court and explaining to a judge why it took them so long to answer my request.

I agree with stapeley id let it go to court.

stapeley

It may be that they would have to produce the ORGINAL in court . The CC Act says that all terms and conditions should be contained in the same document . Many of the application and agreement from before the admendments of 2005, have these separate .If you look at the application/agreement forms of today ,there is no margin for errors or misunderstand. I am going to sight todays forms as a example of what is correct .

kel123_2

artlaw

You really need a second opinion on your cca try posting it at CAG or CCS they will advise. There is no hard and fast rule regarding how many pages a cca must be on, I have one on 3 pages (2004) but they are linked by the agreement number.

If they have found an enforceable cca then the account is enforceable not fair after this length of time but still enforceable! A court can not make an enforceable cca unenforceable except through statute of limitations.

So you need advice on the credability of this cca!

Kel

stapeley

Unfortunately ,the CCA can be so confusing and open to different interpretations. I still believe if there is doubt the creditor will need to produce the original in court . In your defence you can state that the need for a court Judgement is bought about my the late supply of the alleged CCA. That fact alone should mean costs are not awarded . Did they supply all account statements ? Any missing statements would surely render the claim unproven ?

artlaw

Thanks again everyone, I will definately scan it onto the CAG site. The account started off as a credit card in approx. 2000 they then transferred it to a personal loan in 2002, which is the account that they have taken me to court for. They have provided a list of transactions on the account from the date that it became a loan, which I presume they consider to be a full statement of account.