Cca request post Comments claim

[ohitsonlyme]

Simple question
If a dca files a claim and the defendant requests a copy of the agreement under section 78

Is the claimant able to continue the claim whilst in default of the request

Only me

[Amethyst]

Re: Cca request post Comments claim

a chance request ?

[Amethyst]

Re: Cca request post Comments claim

ahhh you edited it, autocorrect I'm guessing xx

The claimant can continue the claim whilst in default of the CCA request but the defendant can argue that whilst the default continues the claimant is unable to enforce (get judgment) on the debt.

[Guest]

Re: Cca request post Comments claim

Simple question
If a dca files a claim and the defendant requests a copy of the agreement under section 78

Is the claimant able to continue the claim whilst in default of the request

Only me

Yes it has been decided in case law that "enforcement" means actuality enforcing the agreement and not the steps required to take the claim to court.

However none complyance with the request will(should) result in the claim(enforcement) being unsuccessful

[ohitsonlyme]

Re: Cca request post Comments claim

Where I am going with this is: Lowell are in default of my recent request and they redirected the registered letter to ???? I dont know where!!
I have today filed a defence to a recent claim with them in default of my cca request, can I apply for a strike out or do I have to follow along with the claim and wait for disclosure

only me

[ohitsonlyme]

Re: Cca request post Comments claim

Is is also worth sending a DSAR to the OC in order to find out what they really had?? or didnt?

only me

[Amethyst]

Re: Cca request post Comments claim

Where I am going with this is: Lowell are in default of my recent request and they redirected the registered letter to ???? I dont know where!!
I have today filed a defence to a recent claim with them in default of my cca request, can I apply for a strike out or do I have to follow along with the claim and wait for disclosure

only me

After filing your defence they have 28 days to respond whether they intend to continue and the court will allocate the claim to a track, and a court, and possibly make an order for disclosure/inspection off the back of your defence. If you or the court hear nothing in that time period you could possibly consider applying to strike out the claim (else it ends up stayed and in limbo until they come up with the docs and want to proceed)

[Amethyst]

Re: Cca request post Comments claim

Is is also worth sending a DSAR to the OC in order to find out what they really had?? or didnt?

only me

You could do, but bear in mind they do have 40 days to comply - this still might return something before any court hearing / disclosure period is past. Sometimes they are quicker and sometimes they claim problems obtaining information held that is over 6 years old. If you did send the SAR and get copies of agreements etc in return then you would have to disclose that you have these.

I think you read Scigal's thread over the last couple days - her's is a capital one card as well and they have managed to dig up the signed application/agreement from 2001 as well as all transaction lists etc on the account.

[ohitsonlyme]

Re: Cca request post Comments claim

You could do, but bear in mind they do have 40 days to comply - this still might return something before any court hearing / disclosure period is past. Sometimes they are quicker and sometimes they claim problems obtaining information held that is over 6 years old. If you did send the SAR and get copies of agreements etc in return then you would have to disclose that you have these.

I think you read Scigal's thread over the last couple days - her's is a capital one card as well and they have managed to dig up the signed application/agreement from 2001 as well as all transaction lists etc on the account.

I think you read Scigal's thread over the last couple days You are on the ball Amethyst!!

Im beginning to like this LB!!

I dont want to mix or have multiple threads but I think y other one got a bit lost!

Whats the best way to pull this all together??

Was the V9 Recon supplied by crap one enforceable??

only me