Being taken to court but have requested a CCA

[cowbrain]

Hi can anyone help im being taken to court shortly but have requested a cca about a week and a half ago can the court case still go ahead? or do i tell the judge case is in dispute and im awaiting CCA? ive also admitted owing the debt on the court forms. I would be really greatful to any advice as its had me worried sick and ive lost over a stone in weight.

Thanks in advance

[dcakiller]

My understanding is that a court case CAN NOT go ahead while a dca or oc is in default or has a outstanding cca request and thus would be a deffence in court. I would inform the court of this and any laywers acting for the dca or oc.

[twofoot]

I hope you have requested using CPR and not a standard CCA letter. If you have they won't have a case unless they can produce the original. What is the debt for and how old is it? Who are we dealing with?

[cowbrain]

Thanks for quick replies.I have requested using both cpr about two or three weeks ago and CCA about a week and a half ago.We are dealing with Restons,it not an old debt i only defaulted around christmas and it for just under 9k all my other debts i have cleared this is the only one i have left.

many thanks

[cowbrain]

The CPR was sent two weeks ago tomorrow.

[pulu31]

Hello all, What is a CPR letter?

Thanks

[cowbrain]

a cpr letter is a letter u send to your debtors asking for your original credit agreement,amongest other things.

[pulu31]

Thanks Cowbrain. Can you tell me how that differs from a CCA please?

[twofoot]

You can only use CPR when there is a court case.

[pulu31]

Thank you two foot

[sleepingdog]

I'm slightly lost , am I right in thinking you have admitted the debt on the court papers? if so what are you trying to achive requesting the CCA as some judges have gone in the creditors favour if the creditor can prove the likelyhood of debtor entering agreement and ,surely admitting debt on court papers is admission of agreement.

sleepingdog

[cowbrain]

I didnt find out about all this CCA stuff till after i admited on the papers,But what Im trying to acheive is that if there is no CCA then wether i have admitted it or not the court cannot enforce anything.thus the DCA will have to chase me using other means.

Thanks

[debt4get]

just because you have asked for cca doesnt automatically mean that the judge will throw it out, you should have defended the claim and I would ask the court whether you can change your plea as you now intend to contest the debt alleged

[cowbrain]

Can do that? if so ill be on to the court tomorrow?

thanks

[sleepingdog]

Hi cowbrain, as I stated before some judges have still gone in favour of creditor even if no CCA exists therefore inforcing debt , I myself have a court case in limbo that I know that no agreement was ever undertaken yet the creditor has gone all the way to court with it so tread carefully.

sleepingdog