Results 1 to 6 of 6

Thread: Can you send a CCA request on a CCJ??

  • Share
  • Thread Tools
  • Display
  1. #1
    Smilesallround's Avatar

    Member



    Joined
    Apr 2013
    Posts
    87
    Mentions
    1 Post(s)

    Default Can you send a CCA request on a CCJ??

    I have a CCJ judgement in 2007 originally a blackhorse loan agreement for some goods. I have been paying the payments via DMP for 7 years.

    am i entiltled to ask for a CCA on it? Or do i have to wait till the CCJ has dropped off next year?

  2. #2
    labman's Avatar

    labman
    Guest


    Default Re: Can you send a CCA request on a CCJ??

    You can ask for a copy of the agreement anytime enclosing the £1.00 fee.

  3. #3
    FlamingParrot's Avatar

    Inactive



    Joined
    Nov 2012
    Posts
    9,940
    Mentions
    141 Post(s)

    Default Re: Can you send a CCA request on a CCJ??

    Quote Originally Posted by Smilesallround View Post
    I have a CCJ judgement in 2007 originally a blackhorse loan agreement for some goods. I have been paying the payments via DMP for 7 years.

    am i entiltled to ask for a CCA on it? Or do i have to wait till the CCJ has dropped off next year?
    No, the creditor's duty to reply to a CCA request ends once they've obtained a CCJ, whether it has dropped off or not.

    In any case, the judgment would supersede any agreement you may have had.

  4. #4
    FlamingParrot's Avatar

    Inactive



    Joined
    Nov 2012
    Posts
    9,940
    Mentions
    141 Post(s)

    Default Re: Can you send a CCA request on a CCJ??

    See this post for reference:

    Quote Originally Posted by gravytrain View Post
    As mentioned earlier the OFT consider that the request should be complied witth

    WHEN THE DUTY DOES NOT APPLY
    4.1 Sections 77, 78 and 79 set out a limited number of situations where the
    duty to supply copies and statements does not apply.

    • It does not apply to an agreement under which no sum is, or will or
    may become payable by the debtor or hirer. It will therefore not
    apply where the agreement has been paid off and terminated. It will
    also not apply where judgment has been obtained
    , unless there is an
    interest-after-judgment clause in the agreement which the creditor or
    owner has not expressly waived. Where, however, the agreement
    has merely been terminated, but monies are or will or may be
    payable under it by the debtor or hirer, the OFT considers that the
    duty will still apply.2

    http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

  5. #5
    labman's Avatar

    labman
    Guest


    Default Re: Can you send a CCA request on a CCJ??

    In that case, send a SAR as they definitely have to comply with that, and that should contain your agreement.

  6. #6
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,452
    Mentions
    151 Post(s)

    Default Re: Can you send a CCA request on a CCJ??

    old thread suddenly appeared in 2017

Similar Threads

  1. Need to send a response to BPO
    By Arkwright in forum Debt Collection Agencies
    Replies: 4
    : 15th September 2012, 22:48:PM
  2. Failed to send document’s after CPR 31-14
    By dennisdugong in forum Received a Court Claim?
    Replies: 45
    : 13th December 2011, 11:40:AM
  3. AA CC- They want to send a rep to my home
    By David Campbell in forum Halifax / Bank of Scotland Cards
    Replies: 4
    : 20th May 2011, 08:24:AM
  4. Does anyone know the Adderss to send my SAR to the halifax
    By S Mac in forum Halifax / Bank of Scotland Cards
    Replies: 3
    : 3rd February 2011, 15:15:PM
  5. what to send next?
    By coolhandkev in forum Consumer Credit Act
    Replies: 3
    : 18th March 2010, 12:48:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP