General Question. Why do they take court action in the first place with no valid CCA?

[1stlifeline]

I understand these companies starting court action if they think they can bully you and you will just not defend. But, if its that simple---no valid CCA means not enforceable in court---- then why do they carry on when you defend because they havnt provided a valid CCA. If we all know when an agreement it not valid and point that out in the defence then why do they carry on the court action?

[BeauBrummie]

Probably because they think you will wilt under the pressure as a hearing date looms nearer. It is a big game of "chicken"

 

Beau

[pt2537]

Or they hope you simply wont defend and they will get a judgment by default

[1stlifeline]

Thanks for the replies.In one of my cases I have already entered a defence stating the CCA does not comply but they are still going ahead. Wouldnt you think theywould have wised up by now.

[ScarletPimpernel]

You have to remember that most DCAs collection processes don't involve much human input (apart from the phone harassment side); letters are glanced at, and the nearest appropriate (or not) template answer sent. If they go down the litigation route they assume that they'll get a default judgment. DCA staff rarely know anything at all about the law, despite all those grand pre-court and litigation department letterheads.

 

At some point some barely-sentient DCA employee may notice that a defence has been entered, at which point they'll do one of the following:

 

1. Ignore the defence, and then wonder why their claim is struck out

2. Instruct, probably the afternoon before the hearing, some local solicitor, who'll send the most junior member of staff to embarrass himself before the judge

3. Scratch their arse and their head - then eat another banana, and feel better

[1stlifeline]

Thanks Scarletpimpernel. In our case its a solicitor dealing with the case on behalf of Nationwide and we have defended (with Pauls help) but even though they have our defence and no enforceable agreement they are pressing on.

[JonCris]

Thanks Scarletpimpernel. In our case its a solicitor dealing with the case on behalf of Nationwide and we have defended (with Pauls help) but even though they have our defence and no enforceable agreement they are pressing on.

 

 

I should report them NOW to TS & the OFT for trying to enforce the unenforceable then tell the court of this when your case comes to a hearing

 

Also have they admitted not having a valid signed agreement - if so I should apply to have their claim struck out on the grounds that because of their lack of such an agreenment they have no probable grounds for success

[1stlifeline]

No JonCris they have sent what the consider to be valid but it dosnt meet the prescribed terms. They have also sent us a second court claim for a loan on which they defaulted because we sent a CCA request in December and have had no reply to, but they have still started court action.

http://www.consumeractiongroup.co.uk/forum/legal-issues/136439-nationwide-strike-again-2nd.html

[JonCris]

Still the case that the 1st is a possible strike out on the basis that no valid agreement exists & the 2nd on the grounds that NO agreement exists.

 

They are clearly relying on the naivety of the court to allow their claim to proceed - you must educate the court before that happens - & even though you may not succeed you can do that by applying to have their claims struck out

[tifo]

3. Scratch their arse and their head - then eat another banana, and feel better