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Defaults and CPR 31.16 act


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Just a quick question.

If a request has been made under CPR 31.16 to a DCA collecting the account for a third party and they have failed to produce a copy of the CCA but have entered a default against the account holder, could the individual if they choose to take legal action request a court order for the default be removed. The default was entered before the request under CPR was made.

In this case I know that the company in question do not have an enforceable credit agreement and only an application form which lacks ALL of the prescribed terms.

 

What are your thoughts.

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