N93 Court Claim

[charitynjw]

Re: N93 Court Claim

and being under age

Could you also clarify the issues concerning this?

[Diana M]

Re: N93 Court Claim

I can see you've posted on another thread by mistake (it's easily done) so I'll answer your question here to keep everything in one place:

I have not received a county court judgements. I just need extra time to be able to request the information I could not possibly have as proof. which form do I need for extra time?.

First of all you send the CCA Request to the Claimant (who is the Claimant please?).

Then it doesn't matter to you (it matters to them!) if they have not complied with your CCA Request by the time you have to file your Defence because their non-compliance will be your Defence.

It's a difficult concept to grasp (I mean that in a good way ).

Basically if the Claimant does not comply with your request (produce the credit agreement) then they cannot enforce the debt in court until or unless they do.

As long as you have sent it before you file your Defence you can refer to it in your Defence.

(Ditto the CPR 31.14 Request.)

I hope that makes sense.

Di

[N93]

Re: N93 Court Claim

I will put the information together, it says date issue 15 Feb but I didn't receive it for 5 days. I sent them an email 5days ago and have received nothing back. Is there any way to get more time if not, if i should send a CCA form they will have to get it a bit later or is there no point.

thank's you are so helpful.

[Diana M]

Re: N93 Court Claim

I will put the information together, it says date issue 15 Feb but I didn't receive it for 5 days. I sent them an email 5days ago and have received nothing back. Is there any way to get more time if not, if i should send a CCA form they will have to get it a bit later or is there no point.

If the claim Issue Date is 15th February then the Defence filing deadline is 4 pm 20th March (always check my maths )

Who did you email and why?

You need to post answers to all the questions asked on your thread in order to get the help you need from the Beagles.

I have already explained that you don't necessarily need more time and that there is every point in sending the CCA Request.

Di

[N93]

Re: N93 Court Claim

Date on letter is 15th I got 14 days extra for the acknowledgement from say 28 days from the date of service
Is there any point me paying for next day delivery to get the letter there tomorrow. even tho they only have 8-day notice to send info before i fill my defence on 14th , i sent an email 3 day ago requesting the information but not using CCA just an email requesting information.

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

You are being contacted again With reference to the above agreement, due to receiving no reply on the matter.


I would be grateful if you could send me a copy of this agreement.

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


is that ok, anything needing removing

[Diana M]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Hello again

Your thread is here > http://legalbeagles.info/forums/show...269#post714269

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

You are being contacted again With reference to the above agreement, due to receiving no reply on the matter.


I would be grateful if you could send me a copy of this agreement.

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


is that ok, anything needing removing

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

I would always state 'alleged agreement'.
Also, if this is a DC, I'd state that I do not and have never had an account with your company.
Sam

[QUOTE=N93;714288]Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

You are being contacted again With reference to the above agreement, due to receiving no reply on the matter.

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

that is because email them n the 3rd .

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

I understand N93, I would still add the alleged, always.
Sam

that is because email them n the 3rd .

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

*5th

- - - Updated - - -

It was an internet contract.

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

So you have acknowledged that there was a contract? Sorry N93 but I have had no dealings with internet contracts, perhaps someone else can help.
I wish you all the best.
Sam

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

ok then.

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

It wasn't hard to figure out after 10 years, I wasn't able to understand what I was doing and wasn't told.
How do I start a new thread.

Thanks you

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

If you find the welcome forum you can post a new thread there.
Good luck.