CLAIM STRUCK OUT !!!! Need help with a court claim please

[littlebert8]

Re: Need help with a court claim please

Just been having a look back through the thread

...
The original debt was marked as satisfied on my credit file a long time ago and since been removed but i didn't realise it was sold on to this company.

It is now almost 6 years since i last had any contact in writing or through payment regarding this debt to the original creditor

...
loan agreement regulated by the CC Act 1974 which was assigned to the claimant on 8/12/2011. Notice of assignment has been provided to the defendant. ...

According to my credit file they have been the owners of this debt since 2007 as the original creditor is no longer on my file...

When a debt buyer purchases an account they usually take on the reporting of the account to the credit reference agencies i.e. the original record is deleted and a new record inserted in its place. Are you sure that the original creditor marked the account as 'Satisfied' as I wouldn't expect this if it were sold on. The new owner would normally maintain the original start date and date of default for the account

[mysticphoenix666]

Re: Need help with a court claim please

yes they marked it as satisfied i have the credit file which i printed off somewhere amongst all my paperwork and it was a while before it disappeared from my file. The new record which MKDP has placed does have the original start date though.

[mystery1]

Re: Need help with a court claim please

When was the loan due to finish, assuming all payments made ?

M1

[mysticphoenix666]

Re: Need help with a court claim please

without checking my files i am not sure, would this information make any difference to the case?

[mystery1]

Re: Need help with a court claim please

without checking my files i am not sure, would this information make any difference to the case?

If you are beyond the end date a cca S77 request is of no use. To be a valid request it has to be before the end of the agreement.

M1

[mysticphoenix666]

Re: Need help with a court claim please

thank you for your reply, i wasn't aware there was a time restraint on the requests.

regarding the account being marked as satisfied would that have any effect on this case (as long as i can find the paperwork)

[FlamingParrot]

Re: Need help with a court claim please

If you are beyond the end date a cca S77 request is of no use. To be a valid request it has to be before the end of the agreement.

Wouldn't the following bit of the OFT Guidance mean a s.77 request would still apply? :noidea:

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

4
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.

[FlamingParrot]

Re: Need help with a court claim please

thank you for your reply, i wasn't aware there was a time restraint on the requests.

regarding the account being marked as satisfied would that have any effect on this case (as long as i can find the paperwork)

What shows on your credit file isn't really relevant to a court case. It could be it was "satisfied" with the OC when it was sold to a DCA.

[mystery1]

Re: Need help with a court claim please

Wouldn't the following bit of the OFT Guidance mean a s.77 request would still apply? :noidea:

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

In my view, if the last payment was due in 2012 then a s77 request in 2013 is useless whether there is an outstanding balance or not.

M1

[mysticphoenix666]

Re: Need help with a court claim please

thank you for your continued advice,

I have already sent off both requests so whether or not it applies i don't think it matters now, shall wait and see if they honour them. i will however search out all my old paperwork as i shall likely need most of it if this case gets to court.

I shall let you know when i receive a reply.

Again much thanks for all the help and advice

[mysticphoenix666]

Re: Need help with a court claim please

just a quick question, they have 12 days plus 2 postage days to reply to my request, i posted monday which was the 4th november so 14 days takes it to 18th november.

What happens if they don't reply?

[FlamingParrot]

Re: Need help with a court claim please

just a quick question, they have 12 days plus 2 postage days to reply to my request, i posted monday which was the 4th november so 14 days takes it to 18th november.

What happens if they don't reply?

You can argue non-compliance with a s.77 request as part of your defence (if applicable). Let's see what happens with your CPR request, which is probably more significant in this case.

[mysticphoenix666]

Re: Need help with a court claim please

Hi,

It is now the 19th November and i have not had any replies regarding the CCA or CPR requests.

It is almost time for me to submit my defense so i could do with some advice on what to do next?

Thanks

[Amethyst]

Re: Need help with a court claim please

You need to ask the claimants for an agreement to an extension to the defence filing date - to allow them to find the documents and you to formulate your defence - and send a copy of that to the court.

Usual extension is 28 days and it is under CPR 15.5 or thereabouts.

Someone may pop up with a letter.

[mysticphoenix666]

Re: Need help with a court claim please

Ok thank you for your response, i have looked for a similar letter on other threads but am unable to locate one hopefully someone will reply with one.