Can you send a CCA request on a CCJ??

[Smilesallround]

I have a CCJ judgement in 2007 originally a blackhorse loan agreement for some goods. I have been paying the payments via DMP for 7 years.

am i entiltled to ask for a CCA on it? Or do i have to wait till the CCJ has dropped off next year?

[labman]

Re: Can you send a CCA request on a CCJ??

You can ask for a copy of the agreement anytime enclosing the £1.00 fee.

[FlamingParrot]

Re: Can you send a CCA request on a CCJ??

I have a CCJ judgement in 2007 originally a blackhorse loan agreement for some goods. I have been paying the payments via DMP for 7 years.

am i entiltled to ask for a CCA on it? Or do i have to wait till the CCJ has dropped off next year?

No, the creditor's duty to reply to a CCA request ends once they've obtained a CCJ, whether it has dropped off or not.

In any case, the judgment would supersede any agreement you may have had.

[FlamingParrot]

Re: Can you send a CCA request on a CCJ??

See this post for reference:

As mentioned earlier the OFT consider that the request should be complied witth

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.2

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

[labman]

Re: Can you send a CCA request on a CCJ??

In that case, send a SAR as they definitely have to comply with that, and that should contain your agreement.

[MIKE770]

Re: Can you send a CCA request on a CCJ??

old thread suddenly appeared in 2017