Defending an SB CC Debt Court Claim

[john118]

Hi All,

I have been disputing SB status of an old CC debt with a DCA for quite some time now with default in 2010. No payment or acknowledgement was made ever since the default date.

The only payment I made was in 2014 of £1 fee requesting the CCA and I had clearly noted in the letter then that this is only to be used as fee for the CCA and that I do not acknowledge any debt. In spite of many letters sent, they kept coming back stating it is not SB as the original creditor had received the last payment towards the account (note they are not saying towards the debt) in 2014.

They did not apply the £1 towards the debt and the outstanding amount remains the same.

Now they have issued a claim though Court. To begin with I have acknowledged the claim stating I will be defending the full claim and need to file my defence for which I need your help.

Has anyone come across a DCA successfully arguing in court that a CCA Request/£1 fee payment is acknowledgement and winning the case?

Thanks.

[Diana M]

Re: Defending an SB CC Debt Court Claim

I believe in pleading more than one legal argument in a Defence in case one gets blown out of the water. That way you've got others to fall back on.

Since you've clearly sent a s.77-79 CCA Request the obvious question is what did you get back in response?

Have you sent a CPR 31.14 Request too?

Post up (type) the Particulars of Claim removing anything which could identify you so we can see what they're claiming and why they think they have the right to claim it.

Who was the original creditor (assuming the debt has been sold on)? You need to send a Subject Access Request to them so you've got the full history of the account.

If it really is SB then you have a solid Defence, but it's also wise to take a more holistic view in the early stages.

Di

[charitynjw]

Re: Defending an SB CC Debt Court Claim

Hi john118

What is the court claim issue date?
Can you be a bit more specific re the last payment/acknowledgement date?
A CCA request is not normally an acknowledgement, but I guess it will depend on the exact wording of the request.

[john118]

Re: Defending an SB CC Debt Court Claim

Thanks Diana.

They did send me a scanned copy of the initial credit card application/agreement with what seems like newly printer T&C's.

No, I haven't sent CPR 31.14 request yet.

Below are the Particulars the Claim.

1.This claim is for the sum of £6250 in respect of monies owning under an Agreement with the account number XXX pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by Nationwide to the Claimant and notice has been served.

2.The Defendant failed to make contractual payments under the terms of the Agreement.
A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

3.The Claimant claims,
1. The sum of £6250
2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from XXX to the date hereof of XXX days is the sum of £2700
3. Future interest and costs

Amount claimed: 6250+2700+court fees/legal costs= £9450

Nationwide Bank original creditor with debt sold on to DCA. I haven't sent SAR request to Nationwide. I shall do now.

Could you please advise further?

[john118]

Re: Defending an SB CC Debt Court Claim

Hi Charitynjw,

Issue date is 08/02/17

The account defaulted as per my earlier credit report in early 2010. The last payment was made in mid 2009.

I used the standard CCA template letter with bold heading saying "I DON'T ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOUR REPRESENT"

I have never acknowledged it in any letter or by offering to pay any amount; nor was any payment made since the last payment.

[Diana M]

Re: Defending an SB CC Debt Court Claim

Who is the Claimant and which solicitors have they instructed (or is it in-house legals)?

Di

[john118]

Re: Defending an SB CC Debt Court Claim

MKDP is the claimant and Howard Cohen are their solicitors

[sytra]

Re: Defending an SB CC Debt Court Claim

Is this pre or post 2007?
Did you get a default notice?

I only ask as the Mrs had a CC with NW pre 2007 and both the agreement and DN were massively flawed (might be different in your case).

[john118]

Re: Defending an SB CC Debt Court Claim

It is pre 2007. I probably did get the default notice but am not sure.

[charitynjw]

Re: Defending an SB CC Debt Court Claim

Another Gordian Knot.

MKDP were part of the Compello group, which was acquired by Hoist (in 2015, I think).
From what I have read, Compello's portfolio was assigned to Hoist.
But MKDP seem to have survived as a legal entity (their recent proposed compulsory strike-off at Companies House has been discontinued....again).
However, their (MKDP) permissions re FCA (IP) has lapsed.

Where is Alexander the Great when you need him? (Or her?).

[john118]

Re: Defending an SB CC Debt Court Claim

I believe in pleading more than one legal argument in a Defence in case one gets blown out of the water. That way you've got others to fall back on.

Since you've clearly sent a s.77-79 CCA Request the obvious question is what did you get back in response?

Have you sent a CPR 31.14 Request too?

Post up (type) the Particulars of Claim removing anything which could identify you so we can see what they're claiming and why they think they have the right to claim it.

Who was the original creditor (assuming the debt has been sold on)? You need to send a Subject Access Request to them so you've got the full history of the account.

If it really is SB then you have a solid Defence, but it's also wise to take a more holistic view in the early stages.

Di

Hi Diana,

Can you please advise? Do you feel that only SB defence is valid/will be sufficient? i.e. asking for CCA with £1 paid wouldn't reset SB clock. Or should I add other point to my defence just in case?

Thanks in anticipation

[Diana M]

Re: Defending an SB CC Debt Court Claim

Hi Diana,

Can you please advise? Do you feel that only SB defence is valid/will be sufficient? i.e. asking for CCA with £1 paid wouldn't reset SB clock. Or should I add other point to my defence just in case?

My view hasn't changed since post # 2

Send a CPR 31.14 Request to Howard Cohen.

Send a SAR to the original creditor.

You say you've previously sent a CCA Request and had a response. Who did you send the CCA Request to, and you'll need someone to take a look at the documents you received to assess whether they have complied with your request or not.

It's unwise to rely on one legal argument only in case it gets blown out of the water and you've nothing left to argue in court.

This is a £9.5k claim so I doubt the Claimant will roll over and play dead.

I'm not intending to be a pessimist, but I am a realist.

Di

[Diana M]

Re: Defending an SB CC Debt Court Claim

Does this other thread of yours from July 2016 relate to this claim?

It seems as if it might >

http://legalbeagles.info/forums/show...759#post662759

Di