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No agreement & use of Civil Procedures Rules to prevent court case happening

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I have a couple of creditors who are threatening to progress court proceedings against me. In one instance they haven't supplied any of the documents that I requested as per my rights under the CCA 1974 including the agreement itself. I have records of my request being received by the creditors. However, if by chance they go ahead with the court proceedings I read somewhere that I could request copies of documents they are going to rely on in court in advance of the court hearing via a process known as the Civil Procedures Rules Pre Action Protocol. If this is correct, what happens if they can't produce the agreement or if the documents (not just the agreement) do not meet with the requirements of the CCA 1974? Does the court have discretion to cancel the court hearing itself or does the hearing go ahead and I present a case that my request under S78 ofthe CCA 1974 has not been met?

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Hi

 

Take a look at this link http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Was posted by a forum moderator and explains the Cilvil Procedure rules in detail.

 

You can use this PRIOR to any court action in order for them to hopefully diclose the original and signed agreement so you can check it is properly executed.

 

Have a read through the post is very interesting.

 

Best of luck

 

Joneseyblod

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Great thanks. I have been working through the forum stickies but am in, or close to, information overload and missed it!

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However if one does take you to court it would be Northampton to start with through MCOL...they dont need to produce a agreement to do this but after its transfered to your local court you would apply for the case to be struck out using CPR 3.4 for not providing a copy of the executed agreement

 

Have a look at CPR Part 16 7.3

 

PRACTICE DIRECTION – STATEMENTS OF CASE


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