Continued enforcement while waiting for CCA request?

[Steve65]

This may sound like a silly question but am I correct in thinking that while I'm waiting for documents in respect of a CCA request enforcement should not continue?
Between the request and receipt of the documents, 104 days, we have received the following.....

Receipt of CCA request.
Receipt of defence from the court.
Notice of Proposed Allocation to the Small Claims Track.
General Form of Judgement or Order.
Claimants Directions Questionnaire from solicitors along with payment request.
Mediation date, cancelled as CCA request had not been filled
And the day after the documents arrived a Notice to Transfer Proceedings.

We have replied to everything promptly and have also made an repayment offer and a F&F offer but as expected received no replies.

Has Cohens just been ploughing on regardless? Can they do this? Or has there be an error or breach of the rules?

Any help would be very welcome.
Steve

[nemesis45]

Re: Continued enforcement while waiting for CCA request?

This may sound like a silly question but am I correct in thinking that while I'm waiting for documents in respect of a CCA request enforcement should not continue?
Between the request and receipt of the documents, 104 days, we have received the following.....

Receipt of CCA request.
Receipt of defence from the court.
Notice of Proposed Allocation to the Small Claims Track.
General Form of Judgement or Order.
Claimants Directions Questionnaire from solicitors along with payment request.
Mediation date, cancelled as CCA request had not been filled
And the day after the documents arrived a Notice to Transfer Proceedings.

We have replied to everything promptly and have also made an repayment offer and a F&F offer but as expected received no replies.

Has Cohens just been ploughing on regardless? Can they do this? Or has there be an error or breach of the rules?

Any help would be very welcome.
Steve

Good evening Steve,

Issuing a claim is not enforcement.

Non compliance with a CCA request renders the debt unenforceable but only until the agreement or a compliant reconstituted one is produced.

The offer of a full and final settlement is most likely to be seen as an admission of liability.

What order was made by the court? Was this before or after your F & F offer?

Has the claim been stayed by the court because the claimant has not responded to your defence?


nem