CCA never sent

[ajl75]

Hi all,

I have a previous thread on here but thought putting a new one with my update would hopefully bring about some advice.

to summarise

5 year old Credit card debt which is in my name that I totally ignored for £388 with capital one. It was a previous marriage and my total lack of sense that led to me prioritising other debts meant this went to default.

December last year Cabot sent me a letter threatening court action. I was advised to send a CCA request which I did at the beginning of December. The wrote back to me on 21st of December asking for 40 days to get the info from the lender.

During that time I still kept receiving letters from them and more recently Mortimer Clark solicitors chasing me for money.

No CCA received and today 11/08/16 I has a CCJ threat letter from Mortimer clark so I called them.

I did not acknowledge the debt but told them the debt is not enforceable as I they have not complied with the CCA request.

I was informed by them that they received the CCA in March didn't log in until April and forgot to send it to me and will put my account on hold for 14 days and send it out.

My questions are:

Can the debt be passed to Mortimer Clark if they've not complied with the CCA request?
Is it ok for them to progress it to the CCJ stage (or at least the threatening stage) when they've not sent the CCA?
Is it possible they do not have the CCA?
Whilst the debt is only £338, and if mine I will pay it, if I agree a payment plan does the default date change?
Finally, am I in a position to ask for a reduced settlement figure.

I know I said this was a summary and I apologise for how long this is.

I thank you all in advance.

[nemesis45]

Re: CCA never sent

Thank you.

As I'm not entirely confident, do you think calling the solicitors dealing with this and making a settlement offer may be beneficial?

The figures on the claim form are the only costs.

If you decide to make any sort of offer do it in writing and use signed for post.

nem

[ajl75]

Re: CCA never sent

Thank you.

As I'm not entirely confident, do you think calling the solicitors dealing with this and making a settlement offer may be beneficial?

[nemesis45]

Re: CCA never sent

Hi Nem;

Thanks for your response. At this point then I'm guessing I can settle outside of court perhaps?

Do you have any idea of the costs if I lose.

I'm not confident they will settle in my favour.

Again, thank you.

Hi on small claims you will see solicitors fee and court fee and that's all of the cost Aj.

nem

[ajl75]

Re: CCA never sent

Hi Nem;

Thanks for your response. At this point then I'm guessing I can settle outside of court perhaps?

Do you have any idea of the costs if I lose.

I'm not confident they will settle in my favour.

Again, thank you.

[nemesis45]

Re: CCA never sent

[QUOTE=ajl75;708250]

Good morning,

Recon agreements or copies of original one must be easily legible in all parts.

Must have t's & c's relevant when the account was opened. The t's& c's relevant when the account was closed.

Any other documents mentioned in the t's & c's.

Your name and address as it was when the account was opened, the original creditors name and address at the time was opened.

It would be a good idea to post copies of the documents so we can see if they meet the requirements.

Hi everyone,

Today I received a letter from Northampton CCBC stating that the defendant is filed a defence and it appears that the case is suitable for allocation to the small claims track.

They've enclosed a form N180 for me to return.

What is this and what does it mean. What is a small claims track?

Many thanks

ajl

The tracks are the court systems for handling claims.

Small Claim track for claims Under £10K no costs payable if you lose. Fast track for claims over £10 K more formal court procedure and if you lose you would have to pay the claimants costs.

You complete the N180 and send a copy to the claimants solicitors and a copy to the court.

If you have a problem with the questions just come back and ask.

nem

[ajl75]

Re: CCA never sent

[QUOTE=nemesis45;707296]Good morning,

Recon agreements or copies of original one must be easily legible in all parts.

Must have t's & c's relevant when the account was opened. The t's& c's relevant when the account was closed.

Any other documents mentioned in the t's & c's.

Your name and address as it was when the account was opened, the original creditors name and address at the time was opened.

It would be a good idea to post copies of the documents so we can see if they meet the requirements.

Hi everyone,

Today I received a letter from Northampton CCBC stating that the defendant is filed a defence and it appears that the case is suitable for allocation to the small claims track.

They've enclosed a form N180 for me to return.

What is this and what does it mean. What is a small claims track?

Many thanks

ajl

[nemesis45]

Re: CCA never sent

Hello again everyone.

This is potentially my last request for advice. The day after I submitted my defence the information came through. Although still illegible and a reconstituted credit agreement. Today I received another letter from the solicitor stating they wish to continue to pursue the court route and have asked me to withdraw my defence and enter into a payment plan.

At this point, and given the fact they've not backed down do I have anywhere else to go?

Is it advisable to enter into a payment plan or let it go to court?

Thanks for all your help.

Good morning,

Recon agreements or copies of original one must be easily legible in all parts.

Must have t's & c's relevant when the account was opened. The t's& c's relevant when the account was closed.

Any other documents mentioned in the t's & c's.

Your name and address as it was when the account was opened, the original creditors name and address at the time was opened.

It would be a good idea to post copies of the documents so we can see if they meet the requirements.

nem

[MIKE770]

Re: CCA never sent

@nemisis [MENTION=61310]diana[/MENTION]M

- - - Updated - - -

stop panicking they as you say are still in default and hope that you give up, the dirty debt collection trade - do not be fooled = Remember He Who Laughs Last Laughs The Longest!

[ajl75]

Re: CCA never sent

Yes you mention the date the CPR request and the fact the sols did not comply in your defence.

nem,

Hello again everyone.

This is potentially my last request for advice. The day after I submitted my defence the information came through. Although still illegible and a reconstituted credit agreement. Today I received another letter from the solicitor stating they wish to continue to pursue the court route and have asked me to withdraw my defence and enter into a payment plan.

At this point, and given the fact they've not backed down do I have anywhere else to go?

Is it advisable to enter into a payment plan or let it go to court?

Thanks for all your help.

[nemesis45]

Re: CCA never sent

Hi, thanks for your reply.

Yes. The letter is the cpr31 request.

Should I continue without a reply?

Yes you mention the date the CPR request and the fact the sols did not comply in your defence.

nem,

[ajl75]

Re: CCA never sent

[MENTION=76636]ajl75[/MENTION]

As the documents are illegible that forms part of your defence.
I presume that the particulars letter referred to is the CPR31.14 request.

nem

Hi, thanks for your reply.

Yes. The letter is the cpr31 request.

Should I continue without a reply?

[nemesis45]

Re: CCA never sent

Hi all,

I sent the particulars letter by recorded delivery over 7 days ago and I have had no response at all. I am worried that my defence date is up soon and I have not filed a defence. Any advice? Should I send another request to the solicitors?

Thanks

AJL

[MENTION=76636]ajl75[/MENTION]

As the documents are illegible that forms part of your defence.
I presume that the particulars letter referred to is the CPR31.14 request.

nem

[ajl75]

Re: CCA never sent

Hi all,

I sent the particulars letter by recorded delivery over 7 days ago and I have had no response at all. I am worried that my defence date is up soon and I have not filed a defence. Any advice? Should I send another request to the solicitors?

Thanks

AJL

[nemesis45]

Re: CCA never sent

Hi again,

I've started the defence process. Although

^^^^^ I simply clicked on submit defence ^^^^^

and left it at that. I know I probably appear quite needy now but what is my best approach now? Do I fill in my defence stating that the documents they've sent is poor and not enforceable??

Thanks so much again.

AJ do you mean you have submitted a blank page??

nem