Can a company refuse to send CAA information? drydensfairfax solicitors

[spursdebs]

Hi, I’m looking for advice for a family member, they received a letter from drydensfairfax solicitors acting on behalf of Arrow who bought a debt from MBNA in 2013 which said they were issuing a judgment order and if didn’t pay up the bailiffs would be round.

This CCJ was issued in 2013 to wrong address and it was first time that my cousin knew about it when he received letter at his daughters address 3 weeks ago.

We sent a letter asking for CCA documents, today receive a letter back saying they didn’t have to produce any documents in any time frame.

The original agreement according to their letter was in 2005.

Is is this correct that they can refuse to send any documentation?

Any advice going forward?

Thanks in in advance Debra

[pt2537]

Hi, I’m looking for advice for a family member, they received a letter from drydensfairfax solicitors acting on behalf of Arrow who bought a debt from MBNA in 2013 which said they were issuing a judgment order and if didn’t pay up the bailiffs would be round.

This CCJ was issued in 2013 to wrong address and it was first time that my cousin knew about it when he received letter at his daughters address 3 weeks ago.

We sent a letter asking for CCA documents, today receive a letter back saying they didn’t have to produce any documents in any time frame.

The original agreement according to their letter was in 2005.

Is is this correct that they can refuse to send any documentation?

Any advice going forward?

Thanks in in advance Debra

they are correct, s78(3) CCA is clear the obligation doesnt apply when there is no debt due under the agreement, when judgment is entered the debt becomes payable under the Judgment.

Now then, if the claim was sent to the wrong address you may have a change to set it aside, but you need to move fast, 3 weeks have passed and i presume no application has been made. an application may have a chance of success under CPR 13.2, if not then you fall under 13.3 and you must act promptly otherwise the application could be dismissed.