** Discontinued ** Failure to comply with CCA on 1982 opened account

[MikeC]

Hi - hoping that I can begin to get out from the horrible debt problems I face. Court Summons three weeks ago forced me finally to wake up, pull my head up from out of the sand and try to keep my life in one piece without being drowned by my debt chasers!

[MikeC]

The Court Claim is for a credit card debt .... an account that was apparently opened in 1982! I am 3 years away from the Limitation Act option. I've asked the Court online for the extra 14 days, sent a CCA 1974 to the Claimant and a CPR 31.14 to the Claimant's solicitor. What gets me is that I didn't get a pre-action protocol warning letter ..... I thought that all credit card debt claims should start with the pre-action protocol documents?

[MikeC]

Is there anything I can or should do with not getting any pre-action protocol documents? Can I ask for more time?

[jaguarsuk]

The Court Claim is for a credit card debt .... an account that was apparently opened in 1982! I am 3 years away from the Limitation Act option. I've asked the Court online for the extra 14 days, sent a CCA 1974 to the Claimant and a CPR 31.14 to the Claimant's solicitor. What gets me is that I didn't get a pre-action protocol warning letter ..... I thought that all credit card debt claims should start with the pre-action protocol documents?

The Claimants solicitor should have sent you a compliant Letter Before Action, your focus should now be to defend the claim and the letter not being sent will form part of any discussion about unreasonable conduct later on.

Good luck to them finding a credit agreement from 36 years ago.

[MIKE770]

1982? this could be very interesting case?

[jaguarsuk]

1982? this could be very interesting case?

Indeed, I’m only a year older than this credit agreement. Haha

[Diana M]

Court Summons three weeks ago forced me finally to wake up

Have you filed a Defence to this claim yet?

I can’t see the Claim Issue Date posted on your thread but the deadline is 33 days from that date since you say that you filed an Acknowledgment of Service stating that you intend to defend all of the claim.

If you need help with your next step you only have to ask.

Di

[MikeC]

I put in a defence to the Court case and made a Subject Action Request to the original credit card company.

Unbelievably the plaintiff's solicitor withdrew the case against me because they couldn't produce the original credit card agreement!

Almost £10k no longer being pursued ..... although the debt's still there, of course.

That's almost 10% of my old debts .... hope much of the other 90%+ end up going the same way.

[MikeC]

How can I move this thread to "COURT CASES - CONCLUDED" please?Â* I'm more than happy to share a success story to give hope to others in a similar situation!

[MIKE770]

AmethystÂ*

[Amethyst]

How can I move this thread to "COURT CASES - CONCLUDED" please?Â* I'm more than happy to share a success story to give hope to others in a similar situation!

I'll move it there for you

It likely might assist others a little more if you name the original lender, the claimant and say what you had submitted as your defence and what letters you had sent to the claimant.Â* But yes it always gives others a boost to see others cases get discontinued Â* I've amended the title a little anyway.