Helllllllpppp!!!!!

fanofmartin_2

This is so typical. 14 days ago I sent cca requests to companies and got them all so they had to be signed for. Capquest one of them, nut I can't find that particular proof. Today I have just received court papers what do I do. I definately sent request, so they can't send papers surely and their time is up!!

fanofmartin_2

found the proof, they received it on the 27th May, but still have sent papers. What do I do?

Sammy_Girl

Hi, just bumping this up for you. There's quite a few posters on here who know a lot about CCAs, so I'm sure they'll be along soon

Sammy x

fanofmartin_2

I an actually shaking with anger!! I must be able to report them, or get the papers withdrawn?

skylight

Can you respond online? Most DCA's do court papers via Moneyclaim, so you can defend the claim online, that a) the amount is in dispute and b) a copy of the CCA has not been provided, therefore the debt is unenforceable in a court of law at this time.

State that proof is available (and what it is) and if its a written response then copy the letter and the recorded post office bit with the number on (plus the screenshot of the delivered details) . If you paid by cheque then provide proof of that being cashed by them and send them off to the designated court.

I cannot guarantee what will happen, but if you ignore the court papers, they would win by default. They should either rush you a copy of the CCA, in which case you follow through with the CCJ or try to come to an agreement, or they cannot provide one and should leave the matter be.

kel123_2

hi fanofmartin

Have you been paying them through an agreement. have you stopped paying them?

what was the debt for?

Are they court papers or are they threats please explain which! When were they issued? which court?

If their intension was to upset and frighten you they have succeeded! Sometimes this ccan be enough for people to back down.

Kel

28jess79

kel123

I have posted a couple of threads on here. Not very good at this i can tell you. I need some advice. you say you have paid off 40 grands worth of debt with a cca? is that correct? do u have to be in arears do u have to stop paying? im very lost and confused
Thanks

kel123_2

28jess79

Have a read of my thread 'Claiming back and cca diary' there are other threads that are also useful.

Ask all the questions you want but start a new thread when you are ready

Kel

fanofmartin_2

kel123 wrote: »

hi fanofmartin

Have you been paying them through an agreement. have you stopped paying them?

what was the debt for?

Are they court papers or are they threats please explain which! When were they issued? which court?

If their intension was to upset and frighten you they have succeeded! Sometimes this ccan be enough for people to back down.

Kel

The debt is American Express, we have not been paying through an agreement as we kept telling them the amount they wanted was too much, so in the end ignored them until I sent the CCA request. These are proper court papers issued by Northampton on the 2nd of June. They signed for the letter on the 27th May, so technically the account was in dispute.

RAS

FOM

Here is warren's thread. http://forums.moneysavingexpert.com/....html?t=955165


He even had a CCJ outstanding but they were unable to enforce the debt without the CCA.

You need to speak to the NDl etc, but whatever you do, dispute the debt as that will move the case to your home court.

They still have another 30 days to produce the CCa before they are in complete breach, but they should not be taking you to court.

I would put in a very strongly worded complaint to the CEO of Crapquest and C this to the OFt and the trading Standards nearest their office, as a start. if they have got any wits they will either send the CCA promptly or withdraw the case.

kel123_2

No it was not in dispute - just because you have asked for your cca doesn't put the account in dispute, only non-complience within 12 working days puts the account in dispute. It's a pitty someone didn't tell you to continue paying them what you can afford during the negociations.

Don't panic nothing is impossible, there are things in place to allow you to have it put aside untill they do supply the cca.

I have not as yet been faced with this senareo but the best place to gain information on how to acknowledge and to defend the case is on either Cag (legal section) or Ccs forums