County Court Claim Received – But no response to CCA request.

[I've got no money]

I have in the last few days received a County Court Claim from Northampton (CCBC). Particulars of claim are:

 

1.By an agreement in writing and regulated by CCA 1974, the Claimants issued to the Defendant a Credit Card for the purpose of the Defendant acquiring goods/service on credit.

2.The Defendant breached the agreement by failing to make payment as required under clauses 5, 6 & 9 of the agreement and on XX/XX/XXXX the Claimants issued a Default Notice pursuant to section 87(i) of the CCA 1974.

3.On XX/XX/XXXX the Claimants issued a Formal Demand to the Defendant.

4.The Claimants therefore claim the balance due under the agreement: £XXXX.XX

 

Background Info

 

In Autumn 2007 got into financial difficulties and missed about three payments, received a DN (which did not allow for service – only 14 days not 14+2days) I then requested a copy of the signed agreement under S78.

 

No response to my CCA request was received and the OC never supplied any documentation. Sent written notice to OC informing them of this default.

 

Then I received from their solicitors a formal demand for repayment, I replied to this pointing out their client was in default of my CCA request. (At this time I made a SAR from the OC. Documents supplied did not include a copy of the Credit Agreement).

 

Heard nothing further for 2 months that received letter from claimants in-house DCA requesting payment in full. I replied to this again pointing out their in default of my CCA request.

 

Heard nothing for 6 months than started receiving numerous letters from another DCA requesting payment in full and threatening (in this order) 1. bankruptcy, 2. obtaining a CCJ, 3. charging order over any property I owned, 4. court action, 5. form for me to fill in showing my income and expenditure as they would be willing to accept reduced payments, 6. account now on hold whilst they obtained a copy of the agreement from their client.

 

Then six weeks later letters 7 & 8 (same letter two different dates) threatened immediate court action if payment not received in 7 days. (Sent four days apart and each dated 10 days prior to them being received in the post). Finally letter 9 informed me it was clear I was just attempting to avoid payment of debt.

 

Then it all went quite and heard nothing until March this year when I received a LBA from claimants solicitors again. Replied to this enclosing copy of my original letter to them and again pointing out that their client remained in default of my CCA S78 request.

 

Went quite again until received County Court Claim a few days ago. I have acknowledge online and intend to submit a full defence. I have also made a CPR 31.14 request to see what this turns up.

 

 

That is the background to this claim, however I need some advice on the claimants failure to comply with my S78 request. The CCA requires that when a creditor fails to supplied the documentation requested under S78(1) they are not entitled to enforce an agreement. I realise that most OC's ignore this and pass this matter onto numerous DCA's.

 

However is a claimant entitled to issue a claim through the courts whilst they remain in default of such a request.

 

Is their any case law or legal precedent that I could use in my defence which deals with such an instance where a claimant brings legal proceedings whilst clearly being in default of a CCA request.

 

The short answer is that there is a really awful High Court case called Rankine which says that a failure to comply with S78 is not a defence HOWEVER Rankine also says that where there is a failure to comply with S78.

 

"The appropriate step to be taken by the Rankines would have been to seek a stay of the proceedings pending provision of the information."

 

So what you could do is make an application on an N244 for an Order that the claim is stayed until S78 is complied with or alternatively you could just pursue the CPR 31.14 request

[I've got no money]

It's a tactic to try and worry you I would imagine. But then this is the importance of doing the legwork of 31.14, SARs etc beforehand to make sure you have everything they would rely on in court

 

I wouldn't let it worry you though... if it was 1996 the chances of it complying with the legislation required would be fairly slim I imagine.

 

The other thing of course is that its' an agreement that S127 (3) CCA 1974 will apply to - so if the prescribed terms aren't in the document that the OP signed then it will be irredeemably unenforceable