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Money Claim On Line - Credit card defence

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  • Money Claim On Line - Credit card defence

    Hello,

    We have been issued with a MCOL for a credit card debt. As a summary over the years the DCA (s) have not responded to CCA requests (3) and recently sent a reconstructed T&C's plus a rapid reply card as the CCA, plus printed transactions, when asked for this after receiving a final demand before proceedings letter. I would like to know that 1. is this enforceable if they did not respond to the previous CCA requests and 2. The rapid reply card is not a CCA, as it is pre-2007 it does not have the prescribed terms on it. It is dated 2003. I think that they are trying to scare us? Grateful for any advice as I prepare defence reply.
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  • #2
    Morning,

    I am still looking for help on this one, my defence has been filed and I have been sent the DQ. I have in between these events been sent one letter from the DCA Company saying the account has been closed and returned to the client and another received the next day stating they are proceeding with the claim.

    Would really appreciate any advice on whether they are running the process as a last resort as it is nearly time barred and they won't proceed, or should I now consult a solicitor so I can add them into the DQ?

    Thank you very much.

    Comment


    • #3
      Originally posted by paulo41 View Post
      Morning,

      I am still looking for help on this one, my defence has been filed and I have been sent the DQ. I have in between these events been sent one letter from the DCA Company saying the account has been closed and returned to the client and another received the next day stating they are proceeding with the claim.

      Would really appreciate any advice on whether they are running the process as a last resort as it is nearly time barred and they won't proceed, or should I now consult a solicitor so I can add them into the DQ?

      Thank you very much.
      Difficult to advise on an unenforceable agreement without having sight of the agreement

      The debt wont become timebarred if the Claim was issued within the limitation period im afraid.
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment

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