CCA Request after Judgment obtained against me

[hrhsii]

Hi

I made a request to Natwest's solicitors Incasso for a cca.

They replied that:

We are unable to process this request as Judgment has been obtained against you and your request under s77 of the Consumer Credit Act refers to pre Judgment cases.

Can I still request the cca even if judgment has been passed against me? It may have been passed in error...

What else should i do?

Thanks

[CleverClogs]

Re: CCA Request after Judgment obtained against me

I made a request to Natwest's solicitors Incasso for a cca.

Why did you not send your request to the organ grinders at the Nazi West bank but instead addressed it to their performing monkeys?

What did they do with the cheque or postal order you enclosed for the statutory fee of £1?

By the way, Incasso translated from the Italian, means "fitted" (as in fitted kitchen appliances) or (shop) takings.

It really is a most unfortunate name to have chosen, when one considers the film of the same name.

They replied that:

We are unable to process this request as Judgment has been obtained against you and your request under s77 of the Consumer Credit Act refers to pre Judgment cases.

First of all, that contains a rather glaring untruth as, unless it was an overdraft and therefore excluded by section 74of the Consumer Credit Act 1974, they must surely have had a copy of the agreement to have obtained judgement against you. Nor is there, under any statute I know, any provision at law which forbids a creditor from complying with a request under section 77 even after judgement has been obtained against a debtor.

The truth is that they simply refused to cooperate and then fibbed about that refusal.

Can I still request the cca even if judgment has been passed against me? It may have been passed in error...

As far as I know, you can, but it is likely to get the same result as you have already obtained; now that the Nazi West has a CCJ against you, they probably feel they have no obligation whatever to help you in any manner whatever.

If they do believe that, they may be mistaken - see below.

What else should i do?

Apart from emigrating for at least six years to a land where the CCJ cannot be enforced? :tinysmile_grin_t:

Well, you could try a Subject Access Request under section 7 of the Data Protection Act 1998; if the Nazi West bank still tries to play at Silly Sodomites, you could then apply to the Information Commissioner for an enforcement notice compelling disclosure. The statutory fee is up to £10 - and the bank will charge as much as that - but it will probably cost them several or many times that to comply with your request. :tinysmile_grin_t:

[Nibbler]

Re: CCA Request after Judgment obtained against me

The OFT says...

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

WHEN THE DUTY DOES NOT APPLY

4.1

Sections 77, 78 and 79 set out a limited number of situations where the
duty to supply copies and statements does not apply.

• It does not apply to an agreement under which no sum is, or will or
may become payable by the debtor or hirer. It will therefore not
apply where the agreement has been paid off and terminated. It will
also not apply where judgment has been obtained, unless there is an
interest-after-judgment clause in the agreement which the creditor or
owner has not expressly waived. Where, however, the agreement
has merely been terminated, but monies are or will or may be
payable under it by the debtor or hirer, the OFT considers that the
duty will still apply.

pt2537 posted something something that says this is not always 100% the case though. Can't find it this sec though?