old cc debt come back to life!

[jayl6191]

Re: old cc debt come back to life!

wife thinks i have sent cca request to them, if i have could chance i have the receipt of postage in box somewere
will it help at all ?? ill have to search and its slim chance

This is only your directions questionnaire and not the case in court at all.

Mediation will take sometime after that to take place

[warwick65]

Re: old cc debt come back to life!

If you have it will help and may explains why they have follow the progress so far.Get digging

[jayl6191]

Re: old cc debt come back to life!

ok will do, it will have been at least 2 years ago i sent it and got no reply,? ill start looking

If you have it will help and may explains why they have follow the progress so far.Get digging

[Diana M]

Re: old cc debt come back to life!

I've had a quick read back and it seems you may need to file an Amended Defence at some point - more on that later.

I can also see that Warwick had advised you to send a s.77-79 CCA Request pronto. I would suggest that you send a CPR 31.14 Request to Howard Cohen solicitors too. This forum has a template letter for that.

Di

[jayl6191]

Re: old cc debt come back to life!

Thanks ,
Just at work at mo with cca letter to post, i will post other one tonight before po shuts
do i need to find a form to amend my defence,

Thankyou

I've had a quick read back and it seems you may need to file an Amended Defence at some point - more on that later.

I can also see that Warwick had advised you to send a s.77-79 CCA Request pronto. I would suggest that you send a CPR 31.14 Request to Howard Cohen solicitors too. This forum has a template letter for that.

Di

[charitynjw]

Re: old cc debt come back to life!

I can't really add much more than has already been stated by the good folk above.

Definitely yes, a CCA s78 request is vital. Even if you have made a previous one, send another asap.

& complete & return the DQ by the court deadline. To dot 'i's & cross 't's, a copy should be sent to the other party.
(I would suggest ticking 'yes' to mediation; it is unlikely that it will go ahead, due to the other party's non-disclosure of documentation).
You could include a line in it, respectfully requesting the court to order disclosure & attaching a draft order.

The big 'plus' is that this is for a 1997 agreement, so the original CCA 1974 applies, in particular s127.3.

Given that this is a £10k dispute, it may well be worth seeking professional advice at least, & possibly representation.
I believe that some firms offer a reduced rate advice/handholding-type service for Small Claims cases.
As [MENTION=87380]Diana M[/MENTION] () has stated, you may need to consider an amended defence, depending on what you've previously filed.

[MIKE770]

Re: old cc debt come back to life!

CPR 31.14 Request


CCA Request

[jayl6191]

Re: old cc debt come back to life!

Both sent today by special delivery in work
Thank you

CPR 31.14 Request


CCA Request

[jayl6191]

Re: old cc debt come back to life!

Thanks Diana both have been sent by special delivery in work today
i have till 10th to send letter back should i hold on and special delivery it couple of days before ?

Should i tick both boxes on the form ? 1. says agree to be flexible and listen etc...
2. says i have enough information about the claim ? should i tick this even though they have never sent me any requested documents.

I've had a quick read back and it seems you may need to file an Amended Defence at some point - more on that later.

I can also see that Warwick had advised you to send a s.77-79 CCA Request pronto. I would suggest that you send a CPR 31.14 Request to Howard Cohen solicitors too. This forum has a template letter for that.

Di

[jayl6191]

Re: old cc debt come back to life!

Thanks Diana both have been sent by special delivery in work today
i have till 10th to send letter back should i hold on and special delivery it couple of days before ?

Should i tick both boxes on the form ? 1. says agree to be flexible and listen etc...
2. says i have enough information about the claim ? should i tick this even though they have never sent me any requested documents.

I've had a quick read back and it seems you may need to file an Amended Defence at some point - more on that later.

I can also see that Warwick had advised you to send a s.77-79 CCA Request pronto. I would suggest that you send a CPR 31.14 Request to Howard Cohen solicitors too. This forum has a template letter for that.

Di

[jayl6191]

Re: old cc debt come back to life!

Thank for helping so far everyone

So should i get the court form sent back asap or hang on till few days before the date they want it back 10th july ?

agree to mediation and fast track

Amend defense ? not got a clue how to go about that ? what would i put along the lines of have been requesting proof of alleged debt etc.. and never had a response ?

wife thinks i have cca them before and recieved no reply but i can not find proof of postage etc.. it would hasve been about 2 years ago.

Whats next after i put form in wait and see if i get any replys ?

Thanks

[warwick65]

Re: old cc debt come back to life!

I would say NO to fast track because of cost implications.
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

[jayl6191]

Re: old cc debt come back to life!

Hi, update yesterday.

so i sent the 2 requests off, one which was cca with £1 postal order,
i received this letter saying thanks for payment and the amount owing has been updated ??

[IMG] upload your pictures[/IMG]

[jayl6191]

Re: old cc debt come back to life!

its also a diiferent debt collector name on letter ?

[charitynjw]

Re: old cc debt come back to life!

Now that is seriously taking the pi$$.

RW are the 'servicers' for their parent company, Hoist Finance.

Did you get proof of posting for your CCA request?