CCA Request and Agreement

paulo41 wrote: »

We are being pursued by Moriarty Law for a Monument Credit Card. Sequence of events are Credit Account Recovery Solutions (CARS) sent a demand in July 2013 and we sent a CCA request that they never replied to. The same thing happened in March 2015 and nothing was received. Moriarty Law then did the same in July 2106 and a CCA Request was sent with no response. In June this year they send a Final Demand and we resent a CCA. In August 2018 we were sent a print out of transactions, a photocopy of a rapid reply card signed in October 2003, and a reconstructed T&C's. We resent a letter asking for a copy of the assignment, a copy of the original CCA and a copy of the default letter.

They resent the same information again, without notice of assignment or default notice, in September 2018 and we have now been sent a MCOL received today.

Be very grateful for any advice as to what to do next and whether a Rapid Reply Card would be considered to be the CCA?

Did you send a formal s 77-79 CCA Request together with the £1 statuary fee with your requests?

You can send as many requests as you like providing there is a 30 day break between each request. Compliance (or not) with the last request will be applicable in law.

The CCA Request should be sent to the debt owner not the DCA (Debt Collection Agent) as only the debt owner has a statutory obligation to comply with your request.

If you’ve received a court claim then you have 19 days from the claim Issue Date to file your Acknowledgment of Service stating that you intend to defend all of the claim.

You will then have 33 days from the claim Issue Date to file your Defence.

Under CPR 31.14 you can ask the Claimant to produce documents mentioned in the Particulars of Claim.

This forum has referred you to another forum for help so I’ll take a step back and hope things go well for you.

Di

paulo41 wrote: »

I am slightly intrigued why they are doing this now when they have had many years to enforce this potentially through the courts some time ago? Unless of course it is near to being time barred?

That's probably it. Although I have never seen it tested in court, I have often seen it stated that a cca request does not count as acknowledgement of the debt.

So the last time you clearly acknowledged the debt was possibly 2013?

Of course if your last payment/acknowledgement was before October 2012, that's another argument for you

I'd be interested to see what Di thinks.

Can we ask for the claim to be struck out based on the 15 November letter?

paulo41 wrote: »

they are proceeding as I have been notified that the DQ has been issued yesterday. I am still unsure then that if they didn't respond to the original CCA request does this mean they believe it is enforceable? The actual information they sent I believe is not a CCA under the relevant rules pre 6/4/2007 and this is just a long shot by them as it is nearly time barred, I would be grateful for any help or advice, and think the best way forward now is to consult with a solicitor and add them to my DQ response as a witness?

Once a claim has been issued the Statute Barred clock stops ticking since the claim is the Cause of Action. If they Discontinue the claim then the SB clock starts again.

You've received a DQ which you must complete and send back to the court by the deadline given otherwise your Defence could be struck out.

If this claim is for less than £10k (how much is it?) then you will be given the opportunity to tick the box on the DQ for free telephone Mediation where you don't speak to the other side, it's all dealt with by a Hmcts go-between. This only makes sense if you genuinely want to settle the claim in preference to going to court. The settlement would be legally binding but not a CCJ.

The DQ form asks if you intend to bring a Witness to the final Hearing. It's a general admin-type form so that would apply to cases where medical evidence or a surveyor's professional opinion is needed.

A solicitor cannot be your Witness since they are 'an officer of the court'. They can't give your evidence. But you can have a lawyer help you to prepare your own Witness Statement by pointing you in the right direction of what to include/exclude. And of course you can have legal representation in court but you're a long way off making that decision.

After the DQs have been filed by both parties the case will be transferred to your local county court (the one you name on the form) and they take over the next stage of the proceedings. Depending where you live it could be several weeks before you hear from your local court.

The next thing after the case has been transferred is you'll receive a Notice of Hearing which tells you when/where/how long the Hearing will take place. This will include Directions telling you when you need to file your Witness Statement typically 14 days before the Hearing. The WS is your opportunity to expand on what you pleaded in your Defence, and you can add Exhibits of various documents such as that letter which said the account was closed and returned to the debt owner.

That's only a rough sketch of what lies ahead.

No one (except a clairvoyant ) can predict the outcome, but if the Claimant hasn't produced the evidence needed to prove their claim then they may struggle.

Di

paulo41 wrote: »

I have not been sent any documentation that they would intend to use via the MCOL application and would have thought that this should be standard?

Or should I wait till the 28 days is passed to see if anything is received via MCOL?

Did you send the solicitors a formal CPR 31.14 Request for the documents mentioned in the Particulars of Claim as suggested in post #3?

If so the response should come from the solicitors not MCOL.

Di