Is a debt enforceable without a CCA?

[Barley0109]

Good afternoon,
I had been in a payment plan with Arrow Global Guernsey Limited, when Drydensfairfax Solicitors were appointed to look after the account. They advise that I wasn't in a formal credit agreement and even though I made regular monthly payments to Arrow Global Guernsey Limited, which I have statements for, Drydensfairfax Solicitors issued court proceedings which are suspended at present and want to set up a Tomlin Order, which I am against. I have asked for a copy of the CCA but they don't have a copy but are still insistent that a Tomlin Order is set up.
Where do I stand?
Drydensfairfax Solicitors are part of Arrow Global Guernsey Limited.
Thanks in advance.

[Celestine]

No, a debt (so long as it is regulated by CCA) cannot be enforced without an agreement.
You should be vigorously defending the claim, not discussing Tomlin Orders.
Seeing some fairly erratic behaviour by Arrow Global across the threads of late....

[Barley0109]

Hi Celestine,

Thanks, that I thought that but there seems to be so many different things on the internet.

I have asked again for the CCA and will look at contacting the CCA as they are regulated by them.

Is there anything I should particularly say, quote or request?

[Celestine]

What type of debt is it?

[Barley0109]

Sorry for the late reply.

It's a MBNA credit card

[Celestine]

Credit cards are covered by s.78 CCA 1974; in that, upon request and payment of the statutory £1 fee, a customer can request a copy of their original credit card agreement together with a statement of account. Accounts older that April 2007 must be a true copy of the original agreement, whereas newer agreements can be a reconstitution. The creditor (or whomever has purchased the account must supply the copy within 12 days or the account becomes temporarily unenforceable until the agreement is provided. This means they cannot get a judgment against you (if you defend properly) but it does not stop them issuing a claim.

[Barley0109]

Thanks once again for the advice.

I have just found some of the original emails, they are from 2006 but it was for a loan, not a credit card as I had thought.

How does that effect things now as it's for a loan and not a credit card?

[MIKE770]

The definition of what constitutes a "credit agreement" for the purposes of the CCA is a broad one and it extends to cover (without limitation) loan agreements, overdrafts, hire purchase agreements, conditional sale agreements, pawn agreements, credit card agreements and other agreements where goods or services are supplied, but payment for which is deferred or credit provided.

[Celestine]

If the account opening pre-dates April 2007, the CCA response must be a true copy of the original agreement; which will make it even harder to comply
Carey v HSBC

[Barley0109]

Thanks for the updates

I will send off as advised for a copy of the original CCA and let you know the outcome, much appreciated.

Is there a template to use?

[MIKE770]

CCA Request send and keep copy with proof of posting with a £1

[Barley0109]

Thanks, will do

[DE DOGS]

I am rather confused about this. If a Debt buyer gains a CCJ without your knowledge and has received payments and no proof of a CCA how would one stand ?.

[MIKE770]

Debt buyer gets CCJ usually because a person moved and documents went to old address. Received payments???? If you were not aware for that reason then you could ask for set aside cost £255 unless on certain on benefits or debt company agree then £100 if granted should do on that reason means you request the CCA etc

[DE DOGS]

Debt buyer gets CCJ usually because a person moved and documents went to old address. Received payments???? If you were not aware for that reason then you could ask for set aside cost £255 unless on certain on benefits or debt company agree then £100 if granted should do on that reason means you request the CCA etc

Thanks, Mike I will let the family member know.