**DISCONTINUED**. court claim for credit card that was in dispute

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

i sent the standard CPR and CCA letter and I spoke with Sainsburys who have sent me my statements. I said was going to sar them and he said they'd send out the paperwork anyway but nothing came except the statements...

Ah, OK, so you have the statements which you can use to calculate the amount of charges applied, etc. as a backup as Ame said.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ah, OK, so you have the statements which you can use to calculate the amount of charges applied, etc. as a backup as Ame said.

Yes I can, does credit agreement enforcement depend on the judge on the day?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Well, I have received a response to my CPR and CCA requests, basically they havent complied. I have posted the letter up as I'm a bit confused on the grounds they have used for this...
I sent the templates from Amethysts link earlier in the thread btw.
I am also a little embarassed to tell you, but i received them back prior to this response as I had forgotten to sign them. They sent them back saying they wouldn't comply without being sure it was me requesting them, even though I'd spoken with them and told them I had sent them.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hiya, That's nothing unusual so nothing to worry about. The CCA request though should have gone to the claimant rather than their solicitors (as it is they who are the creditor). You have already done one direct to Sainsbury's though so should be fine on that point.

We've already put your defence in haven't we?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hiya, That's nothing unusual so nothing to worry about. The CCA request though should have gone to the claimant rather than their solicitors (as it is they who are the creditor). You have already done one direct to Sainsbury's though so should be fine on that point.

We've already put your defence in haven't we?

Yes i have out my defence in last weds.
I'm a bit confused though a we used failure to comply with a CCA & CPR request in the defence, so how come they can refuse to do it?
I CPR Cabot directly too and had no response, its been two weeks.
Sainsburys are sending me all documentation on my account, I told the guy I was going to SAR them and he has asked them to do it urgently and for free. All I had to do was post a SAR letter.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Yes i have out my defence in last weds.
I'm a bit confused though a we used failure to comply with a CCA & CPR request in the defence, so how come they can refuse to do it?
I CPR Cabot directly too and had no response, its been two weeks.
Sainsburys are sending me all documentation on my account, I told the guy I was going to SAR them and he has asked them to do it urgently and for free. All I had to do was post a SAR letter.

Good, thought we'd already done the defence xx They usually do refuse to comply, which is what you want really, because without the agreement in particular they have no claim against you and will have to discontinue or be struck out.

Basically they have no documents to evidence their claim therefore they cannot enforce the claim against you with a CCJ until such time as they come up with the paperwork.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

What about the last part of the letter where it says I haven't questioned the debt etc. can't remover exact wording...

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hi all
just a quick update.
It's been nearly two weeks since their deadline for response to my defence.
What do I do if I don't hear from them soon?

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Give the court a call, the case should have been stayed after 28 days and they would need to apply to lift the stay. If the don't in six months it gets struck out. however you could apply for it to be struck out now or call the solicitors of the claimants and ask them to withdraw to Save you applying to strike it out.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ok will do, could they just be waiting on paperwork though?
Theg can also apply for the stay to be lifted can't ghey?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hi again
Well I finally got round to contacting court and the solicitors. The court said that it was stayed as you advised but they said it was indefinite and there was nothing I could do but wait. I asked if I could request it to be struck out and she said no...

I have just now called the solicitors and they have told me they are waiting on paperwork to sent to them. Its been 8 weeks since I put my defence in so I'm wondering why they haven't received anything yet if that's what they have done as a SAR should only take 40 days anyway...
What do I do now?

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I really wouldn't take advice from the court they are utter pants.

A few people have written letters to the court after they have been stayed for a while and asked the case be struck out and its either been struck out, or its chivied the claimants up and the case got on with.

When's your SAR to sainsbury's due ?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hi Amethyst, I received my sar ages ago, I was referring to the claimants if that's what they are waiting for. I assumed that they would have done that and that's what they haven't received yet being as it's taking so long. Am I wrong?

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

They can't do a SAR, only the person who the information is about can do a SAR (ie YOU) - so no, they are just using 40 days as a plucked out the air timescale.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

They can't do a SAR, only the person who the information is about can do a SAR (ie YOU) - so no, they are just using 40 days as a plucked out the air timescale.

Oh right, So what could possibly take so long to get them? Or are they telling me porky pies and keeping me dangling for the hell of it?