Does requesting a CCA acknowledge a debt?

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Thanks Joanna, that's a great help and relief.

I cant find a template Form 68A anywhere, can you point me in the right direction?

Ahh, I reply with a Form 68, in answer to their 68A. But Form 68 seems to be a list of documents that I will be using or referring to in my defence. As such I don't think I can use it to state;

With regard to their letter to you on post 46 I would suggest writing back and telling them that if the matter proceeds to hearing you will be expecting them to provide evidence of the reconstitution of the purported credit agreement, evidence that your debt was actually assigned by MBNA and in that regard you expect them to produce the Deed of Assignment and any notice of assignment they seek to rely on. They will also need to provide evidence of the Default notice they issued as well as compliance with the other statutory obligations under the CCA.

Do I just send a standard letter?

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Do I just send a standard letter?

Hows this..

Dear Sirs

Re: XXXXXXXXXX

Further to your letter dated 2^nd November.

Should this case proceed to Review on XX^th November, I require you to provide the following in advance of the hearing;

· Evidence of the reconstitution of the purported Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
· Evidence the alleged debt was assigned by MBNA
· Evidence of any Deed of Assignment and any notice of assignment that you seek to reply on
· Evidence of the Default Notice

I will provide further and better particulars once you have provided evidence of the above, as I will need this information to draft my defence.

I will file the Form 68 in advance of the hearing.

Should I send this letter (by email and post, and cc to the court)

[Joanna C]

Re: Does requesting a CCA acknowledge a debt?

I've just contacted the court, and no CoR has been received. The case is still scheduled for review next week, and this will go ahead even if a CoR is not received from the Plaintiff

Yes the review will proceed but the court may decide to dismiss it.

[Joanna C]

Re: Does requesting a CCA acknowledge a debt?

Hows this..

Dear Sirs

Re: XXXXXXXXXX

Further to your letter dated 2^nd November.

Should this case proceed to Review on XX^th November, I require you to provide the following in advance of the hearing;

· Evidence of the reconstitution of the purported Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
· Evidence the alleged debt was assigned by MBNA
· Evidence of any Deed of Assignment and any notice of assignment that you seek to reply on
· Evidence of the Default Notice

I will provide further and better particulars once you have provided evidence of the above, as I will need this information to draft my defence.

I will file the Form 68 in advance of the hearing.

Should I send this letter (by email and post, and cc to the court)

The letter is good. and yes send the letter as you suggest.

If you do not have any other documentation other than the reconstituted CCA agreement then it may be better to serve and file at court the Form 68 in answer before the case is reviewed next week. Make sure you say the "reconstituted CCA agreement provided to me by the Claimant" when referring to that..

They appear to be looking for evidence from you to support their claim.

You already have a template for the form 68A- the one that they served on you. Just type it out and substitute their name etc for yours and vice versa,

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

You already have a template for the form 68A- the one that they served on you. Just type it out and substitute their name etc for yours and vice versa,

Hi Joanna

the 68A gives 14 days to provide the documents, but the hearing is 6x days away;

TAKE NOTICE that you are hereby required to make Discovery in Form 68 of any documents which are, or have been, in your possession, custody or power relating to any matter in question in these proceedings.
AND FURTHER take note that if you fail to comply with this requirement within fourteen days an application may be made to the Chief Clerk for an Order directing you to make Discovery (which may be required to be verified by Affidavit and such application may be made ex parte without further notice to you.

Can I change this?

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

The letter is good. and yes send the letter as you suggest.

Sent! xo

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Hi Joanna, Amethyst

I assume the plaintiff wont reply to my letter dated today. So I will have to prepare my defence and the Form 68 without this info.

Can you help me with my defense? I would like to send it tomorrow/Monday, therefore demonstrating to the court that i'm being as pro-active as i can be, with the info I have available.

Any assistance would be gratefully received!!

xo

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

the 68A gives 14 days to provide the documents, but the hearing is 6x days away;

TAKE NOTICE that you are hereby required to make Discovery in Form 68 of any documents which are, or have been, in your possession, custody or power relating to any matter in question in these proceedings.
AND FURTHER take note that if you fail to comply with this requirement within fourteen days an application may be made to the Chief Clerk for an Order directing you to make Discovery (which may be required to be verified by Affidavit and such application may be made ex parte without further notice to you.

Can I change this?

No, leave it stating "within fourteen days".

File it at court and serve it on the Plaintiff's solicitors.

That way the court will know that you have requested the relevant documents (because they haven't provided them) so at the hearing they will make the appropriate order (or dismiss the claim).

Di

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

I assume the plaintiff wont reply to my letter dated today. So I will have to prepare my defence and the Form 68 without this info.

Our posts crossed.

It doesn't matter whether the Plaintiff's solicitors reply to your letter or not. What matters is that you've sent it.

Your Form 68A is asking them to disclosure documents. Just like they sent you one asking you to disclose documents (possibly because they haven't got any of their own ).

As Jo says your Form 68 is your reply to their Form 68A where you can tell the court that the only document you have is the reconstituted CCA provided to you by the Plaintiff.

Di

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

Is the Plaintiff named on the claim form as Arrow Global Guernsey Ltd (as per the recent solicitors' letter) or Arrow Global Ltd?

Di

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

So I will have to prepare my defence and the Form 68 without this info.

. . . . I would like to send it tomorrow/Monday, therefore demonstrating to the court that i'm being as pro-active as i can be

Unless I've misunderstood you were given fourteen days from 2nd November to file your Defence.

What date is the hearing please?

I see the covering letter from Arrow sent with their CCA response confirms that the documents are reconstituted because they don't have the original. That's useful.

Di

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

the 2nd letter..
We refer to the above and the Notices served on you. You will note that this matter has been listed for Review before the Judge on XX November 2016. Further to our notices, it would appear plain that you have had the use and enjoyment of this credit card from on or about 7th March 2002 to on or about 22nd February 2010. This is some considerable time and we would propose cross examining you on, more particularly inter alia your long standing use of this credit facility and the final balance subsequently defaulted on as evidenced in our supporting documentation.

What supporting "documentation" have they provided?

Is it the same documents you've posted in your CCA Response from Arrow PDF or are there more?

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

No, leave it stating "within fourteen days".

File it at court and serve it on the Plaintiff's solicitors.

That way the court will know that you have requested the relevant documents (because they haven't provided them) so at the hearing they will make the appropriate order (or dismiss the claim).

Di

Hi Di, many thanks! I've just sent the Form 68A

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

As Jo says your Form 68 is your reply to their Form 68A where you can tell the court that the only document you have is the reconstituted CCA provided to you by the Plaintiff.

Di

so i don't reference any other letters or correspondence. I was going to include all correspondence, to paint the picture. I was also going to include copy statements to show the last payment made, and first missed payment etc

?!?!

xo

- - - Updated - - -

Is the Plaintiff named on the claim form as Arrow Global Guernsey Ltd (as per the recent solicitors' letter) or Arrow Global Ltd?

Di

The civil bill says - ARROW GLOBAL GUERNSEY LTD

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

The OP's personal details (name and full address) are showing on Page 8 of the Arrow CCA response.

Di

how do i delete the file?!

xo

- - - Updated - - -

Unless I've misunderstood you were given fourteen days from 2nd November to file your Defence.

What date is the hearing please?

Di

16th!!