WON !!! CQ Court Claim received - CCA not received

[6strings]

Re: CQ Court Claim received - CCA not received

I have just spoken with DF.
I gave them my
name
address
post code
"account" number
I refused to them my Date of Birth on the grounds that I would not supply additional information for it to be given back to a DCA and then susequently passed on again and again.
She said she could therefore not continue the call.
I continued to tell her that DF have failed to comply with my CCA and CPR request, and i was offering DF more time to comply.
She said I should seek independent advice.
I said I have. And that is why I am offering you more time to comply, or perhaps I should go straight for an "unless order".
After a while she checked her "files" and said my requests were in hand and i will receive my requests in due course.(They haven't got any)
Of course, i informed her, she was already out of time. This meant nothing to her and she suggested I write a letter. I said, the clock's ticking. This needs sorting by tomorrow.
I informed her I would be sending an email tonight detailing this conversation and telling her of my intentions.
Please, somebody tell me I did the right thing.

[mystery1]

Re: CQ Court Claim received - CCA not received

You should stop worrying about them and look after yourself.

S78 non compliance is their problem. It is a bar to enforcement so i'm not sure why you want them to comply !

As for 31.14, yes phone them and ask when they expect to comply. Ask for an extension for you to file your defence, 28 days is all the rules allow for. They only get 7 days to comply with the 31.14 and that has passed. Anything else is you being tolerant. Yes give them extra time but only a few days. After this offer them to consent to an unless order and if they refuse apply for same.

M1

[6strings]

Re: CQ Court Claim received - CCA not received

I have received no response my requests for CCA or CPR31.14
Should I email DF, asking if they desire an extension. Or should I telephone them?
Do I need to remind them of the time scales?

What do I say to them?
Do I need to inform the court?

I'm getting anxious now. The clock is ticking louder and louder.

[mystery1]

Re: CQ Court Claim received - CCA not received

If they do not reply to your request then you can get a court order for disclosure and this order would be an "unless order" that is, disclose by xx date or the claim is struck out.

An example is

http://www.legalbeagles.info/forums/...end&highlight=

M1

[6strings]

Re: CQ Court Claim received - CCA not received

I was rather hoping to force the situation into a "no case to answer".
Shall I contact DF and ask if they want more time? And if so, contact the court?
At what point can I get the claim "stayed"?
I need to be pro-active this week, as time is running out.

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

Been in bed with flu for a few days. I've only got my 13yr old to look after me. Hopefully on the re-bound now. :bounce:

Can't I just file my defence later this week regardless of any time extension? Surely I don't want to offer them extra time .... do I?
As of today, I've received no other correspondence.

Many thanks for all your inputs so far.

Hope you're feeling better now. :_tighthug__by_darkm

The idea of agreeing to an extension is so that they can supply you with the documents so you can prepare your defence. It's not a matter of offering THEM extra time, it's a matter of asking them to agree to an extension until such time they can produce the documents. This has often had the effect of getting the claim stayed when the claimants can't come up with the goods.

If you were able to defend without sight of the documents, then you would have submitted your defence at the time of acknowledging, why ask for documents if you didn't need them?

[6strings]

Re: CQ Court Claim received - CCA not received

Been in bed with flu for a few days. I've only got my 13yr old to look after me. Hopefully on the re-bound now. :bounce:

...If they can't supply you with the documents, they'll need to agree to an extension of time to file your defence and once you have their agreement, you need to inform the court.

Can't I just file my defence later this week regardless of any time extension? Surely I don't want to offer them extra time .... do I?
As of today, I've received no other correspondence.

Many thanks for all your inputs so far.

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

I received this letter today from Drydens.
I don't know if this relates to my CCA request or my CPR 31.14 request.
Do I answer this? Is my Court case on hold? Something tells me, not to trust them.

Also, the letter is dated 4th Nov, but only received today (8th Nov).
I've search the internet, but can't find a way of proving when the letter was actually posted.

You need to keep an eye on the timescales. Placing your 'file on hold' doesn't mean anything when you are at the court stage. If they can't supply you with the documents, they'll need to agree to an extension of time to file your defence and once you have their agreement, you need to inform the court.

[6strings]

Re: CQ Court Claim received - CCA not received

1. Assignment from Lloyds and from Capquest. Whether it's valid or not, I do not know.
2. No. Both Drydens Fairfax and Capquest have failed to comply with s.78 request.
Although Drydens have sent a letter (yesterday) as posted above.
3. Not one containing all the prescribed terms I believe. See previous post.
4. "notice of sums in arrears" - The NoA included the sum (balance owing) within the transcript.
But no breakdown of arrears i.e. balance, interest, charges etc.
5. yes, original DN (served under s.87(1) CCA 1974) by Lloyds August 2009.
6. No.

[6strings]

Re: CQ Court Claim received - CCA not received

I received this letter today from Drydens.
I don't know if this relates to my CCA request or my CPR 31.14 request.
Do I answer this? Is my Court case on hold? Something tells me, not to trust them.

Also, the letter is dated 4th Nov, but only received today (8th Nov).
I've search the internet, but can't find a way of proving when the letter was actually posted.

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

With regards to points to consider for your defence, I'm going to quote what PT2537 :yo: has written elsewhere:

1. Assignment - has valid notice been given, is there an assignment
2. Has the s78 request been complied with
3. Was there ever a signed agreement, if not then how did the account open, what happened, where did the agreement come into your possession from? was it a magazine, newspaper, etc.
4. Was there a notice of sums in arrears?
5. Was there a default notice?
6. Is there any telephone harassment?

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

The letter that I attached previously was all that was in the envelope. I remember laughing at the time, they say they've enclosed it and then say they can't find it. There was nothing else with it.

Also, I actually remember filling out the credit card application in the bank.
In those days, I had a good job and a few quid in the bank.
The Bank Manager gave me the application form to sign and said don't worry about the rest, I'll sort it.
This is true.
It was one of those A5 application forms left out on display.
Nothing's straight forward, is it.

Once again, I cannot thank you all enough for your efforts.

If Capquest are now in Default, does this now form the basis of my defence? :confused2:

If you are positive that you never signed an agreement containing all the prescribed terms (presumably the A5 form didn't have them), then that should be the basis. :thumb:

You may want to look at this judgment: http://www.bailii.org/ew/cases/Misc/2012/19.html

...and the one attached below.

[6strings]

Re: CQ Court Claim received - CCA not received

Any chance of seeing what they actually sent purporting to be "a copy of your executed agreement"? :typing:

The letter that I attached previously was all that was in the envelope. I remember laughing at the time, they say they've enclosed it and then say they can't find it. There was nothing else with it.

Also, I actually remember filling out the credit card application in the bank.
In those days, I had a good job and a few quid in the bank.
The Bank Manager gave me the application form to sign and said don't worry about the rest, I'll sort it.
This is true.
It was one of those A5 application forms left out on display.
Nothing's straight forward, is it.

Once again, I cannot thank you all enough for your efforts.

If Capquest are now in Default, does this now form the basis of my defence? :confused2:

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

Response from Lloyds (attached) - They "...can't locate original..."

Any chance of seeing what they actually sent purporting to be "a copy of your executed agreement"? :typing:

I never actually sent a SAR as all went quiet and I didn't want to disturb their snake pit.

When other DCA's came on board, I merely sent them "prove it" letters.

A SAR is mostly to obtain historical data such as statements. In theory they should also send the agreement, but a SAR doesn't have the same legal standing of a s.77-79 CCA request.

I've heard nothing back from Capquest yet. They received (Royal Mail Track and Trace) their CCA request on 17th Oct 2013.
Drydens received their CCA request on 19th Oct 2013. No reply from them either.

The 12+2 days have expired so they are in default already. :thumb:

As per my previous post, I received a few old copy statements from Lloyds and a compliment slip (attached) only.

I'm in a terrible mess today, I think I may have messed up on my dates.
The service (claim) date is 23/10/2013. Am I due to enter a defence today???
I acknowledged the claim (to defend in full) on 28th/10/2013.
I'm finding this very stressful. I've had a headache and blurred vision for the past 3 days.

Thank you all so much for your help.

Try not to get so stressed, you have a total of 28 days to submit your defence from the service date, that would take it to Nov 21st if the claim was served on the 23rd. If the claim was DATED the 23rd, then you get 5 extra days for service.

Re: CQ Court Claim received - CCA not received

Response from Lloyds (attached) - They "...can't locate original..."

If Lllllloyds sent a reconstituted "twue copy" then the debt may be enforceable - it just depends on what they sent.

If the agreement dated from May 2007 but the terms and conditions were from March 2009, then they plainly did not comply with the request.

I've heard nothing back from Capquest yet. They received (Royal Mail Track and Trace) their CCA request on 17th Oct 2013.
Drydens received their CCA request on 19th Oct 2013. No reply from them either.

They plainly have not complied with your section 78 request.