Help with court claim

[ianmcg]

Hi, I have just joined and would appreciate some advice.

I had problems repaying a sainsburys bank loan in 2005 as I lost my job, however with the assistance of CCCA they agreed to accept payments of £1 then £2 and £5 pm, which I have been paying ever since.
In January they passed the debt to Phoenix/Marlin who insisted in payment in full. I then received a letter from Morimer Clarke who said they would take court action in 7 days, a further letter from them said they would only negotiate repayments when a charge was put on my property. I send a £5 po as a gesture of goodwill.
The Court claim was issued on 29 February and I have acknowleged service wo extend to 28 days.
I sent a cca request to both Sainsburys and Marlin on 5 March and both were signed for on 6th. I have heard nothing since. I believe the 10+2 limit for the cca ends on Tuesday 25th owing to the easter holiday. If I hear nothing what is the best way to go forward and what happens if they produce a cca after the deadline. Any help would be much appreciated.
Thanks
Ian.

[ianmcg]

Sorry to answer my own post, but I have called a legal helpline from my union and they say that failing to provide a CCA is not a defence!! Help!!
Ian

[robcag]

POST REMOVED because Paul (pt2537) has appeared in the thread.

[pt2537]

but I have called a legal helpline from my union and they say that failing to provide a CCA is not a defence!! Help!!

I strongly question that advice and suggest that they need some serious retraining on Consumer Credit Law

that is utter nonsense

failure to provide a credit agreement on demand provides a complete defence in law per Section 78(6) of the Consumer Credit Act 1974

now then, it is a shame youve not come to us earlier as you are really in trouble with the lack of time you have available

you really needed to make a disclosure request under part 18 but i fear that the time has run out

when does your defence need to be filed with the court

[robcag]

Post removed - see above

[the egyptian]

hi,i would like to thank consumer action group for their help in trying to reclaim bank charges over the last eighteen months.it was supposed to be in court in october but was STAYED until march 31.has anyone got some advice for tackling the big day and is there any news one the OFT investigation.thanks,THE EGYPTIAN

[ianmcg]

pt2537

the 28 days ends on 28th March and the CCA request that i send on 5th March (10+2) ends on Tuesday
Thanks
Ian

[pt2537]

Hi there

Well, the basis of any defence in this case is

A) Failure to supply a copy of the contract on which the claim is founded . in this case no CCA

and

B) their failure to supply a true copy of the executed credit agreement

its nice to be able to add "frustrating matters" to the list but since we do not have time to file a Part 18 request, we cant say they are trying to frustrate matters due to their non compliance

[ianmcg]

Thanks for the advice pt2537, do I only have to put A) and B) on my defence form and defend the full amount.
I appreciate your help
Ian

[pt2537]

this will show you the level of detail that you need to put into your defence

Arrow court claim - help with defence please **WON** they gave up and ran away

i can help you with the drafting but you need to file the acknowledgment of service with the court within 14days from the date of service

now its up to you if you defend or not i cant make that decision for you, but if you decide to defend the claim we will need to draft something little more indepth than A & B

[ianmcg]

Hi pt2537

Issue date of the claim was 29 Feb and I acknowledged service on 11 March giving me until 28 March to submit admission/defence (on acknowldgment of service i ticked the box to defend part of the claim as I was not sure of the CCA procedure then)
I have not received a CCA since my request was received by Marlin on 6 March so that time should be up on Tuesday.
If nothing arrives on Tuesday I would like to defend if any chance you could help?
What happens if the CCA turns up after I have sent off the defence?
Thanks again
Ian

[B3rty]

Ian
Marlin have a habit of running away when i gets to local court stage as they are just set up to litigate debt through Northampton as most poeple dont defend, this causes them real issues when you do.....without a valid agreement it wont get far and if they do provide something odds are it will be the application form with out prescribed terms.....so you will need to sit and wait....in the meantime have a look through the thread that Paul has posted in 10 as it makes great reading.

[ianmcg]

Thanks for replying, I will have a go at defending and see how things go, thanks all for the advice so far, if this forum hadn'y been here I would probably had admitted it
Ian

[pt2537]

Ian, if you want to post a draft of your defence i will happily critique it and if there is anything i think needs tweaking then i can point it out for you and help you where i can

[ianmcg]

pt2537 Thanks, shall I use the example you provided in post 10 and amend to suit my situation and post back up?
Thanks
Ian

[ianmcg]

Can anyone help with a suggested draft for defence of my claim above
I have to get it in by 28th
Thanks
Ian

[pt2537]

Ian, i am truly too busy to write a full defence for you from scratch, i will see if i have something on file that can be adapted

in the mean time i need to know what their POCs are, what does it say on the claim form?