Court claim and cca request

[Nodebtor]

I've received a court claim form from one of the well known DCL solicitors that they are claiming there client now own a credit card debt .BUT it went to a former address that I moved from 10 year ago so the only correspondence I have received is a photo of the court claim form. I only received by chance because the current occupant let me know after receiving brown envelope and they were concerned.

I've registered and acknowledged on Gov court site which gives me another 14 days as I nearly missed the initial

I have requested a CCA from current creditor using a standard letter and cc,d the solicitors who I understand will get a message from the court that I have acknowledged.

I now have the wait for the CCA with the 12+2 days but I recognise this will be tight if they do not send until the full time when I have to submit my defence

Question and advice appreciated please.

is this all correct or
what should I do now whilst waiting for CCA from creditor

[Nodebtor]

I've just realised that the CCA request is 12+ 2 working days and the court period is 14 calendar days I believe , so the 14 days court will end before their deadline
what should I do ?

[MIKE770]

will not make much difference matter days! if not supplied same result Should be unenforceable until ever they get one which is correct in more than one way!

[Nodebtor]

Thankyou .. should I not inform claimant they should supply CCA before rescheduling court claim ? Or something like that

If correct the CCA is over twenty years old so may be difficult to find and allow me to understand what the debt is

[pt2537]

If they have sued you then you need to make sure that you file a defence to the Claim. Simply sitting back and relying on a breach of s77 or 78 isnt going to get you home without more input. also you need to look at other statutory breaches that may be in play.

[Nodebtor]

Many thanks, Is there a link or guidance I can follow to construct my defence scenario ?

[Nodebtor]

Many thanks, Is there a link or guidance I can follow to construct my defence scenario ?

[pt2537]

Ok so rather than going gung ho, lets look at what grounds you have to defend the case.

1) Do you recognise the debt?
2) are there any disputes such as did you receive poor goods or faulty goods ? were there disputed charges etc
3) did you recieve a default notice, if so when? and when was the last payment

[ostell]

I've just realised that the CCA request is 12+ 2 working days and the court period is 14 calendar days I believe , so the 14 days court will end before their deadline
what should I do ?

If you have acknowledged the claim, without submitting anything in the defence, this gives you 33 days from the date of issue to get your defence to the court

[Nodebtor]

Thankyou for clarifying., that's my problem .. the issue is the 26th July so 33 days is 28th and the acknowledgement was entered on the 12th , so makes me a few days short for the 12+2 working days

[Nodebtor]

Further to my request for cca (cc'd claimant solicitor, ) the claimant solicitor has written back acknowledging the request and states they do not have the documents and will request from their client.. then states the matter will be put on hold with no further action until client provides agreement .
I'm only at 9 days since CCA request but need to submit my defence tomorrow deadline


I've checked the MCOL and nothing changed since I acknowledged claim .
I'm about to submit a defence stating the above
Just to remind, the 12 + 2 days runs over the 14 + 14 days of service
Any further advice or anything I'm missing would be greatly appreciated

[MIKE770]

nothing on hold the court if claim issued holds they cannot in the middle of court proceedings put anything on hold and they know it. follow court instructions not theirs.

[Nodebtor]

If I enter defence stating they havnt provided the CCA etc ( so far they havnt ) , what should happen to the court claim . Does it normally get a hearing date or does the case get halted until the CCA is provided. What 'normally' happens ?

[GBExile]

If I enter defence stating they havnt provided the CCA etc ( so far they havnt ) , what should happen to the court claim . Does it normally get a hearing date or does the case get halted until the CCA is provided. What 'normally' happens ?

No. The case carries on.

So you must just carry on & state as part of your defence that they haven't supplied the requested documents.

[MIKE770]

state:- on such a date? a request was made via for documents etc etc etc to date no such request has been afforded.