Two Years 6 Months After Cca Request Court Claim Received

[Santos L Helper]

I have also posted this in "Tale of a dodgy DN"

 

 

 

I have a question?

 

Request cca from card company 2 and a half years ago along with a subject access request.

 

To this day nothing received apart from invalid default notice and letter saying "we are trying to obtain a legal copy of your agreement"

 

In the two and a half years since cca request I have received voluntary charge on house forms/requests from solicitors followed by a statutory demand which I set aside.

 

A letter from solicitors saying they are trying to obtain a legal copy of my agreement and all action on hold till they get copy.

 

Six months later another letter from solicitors saying " you set aside SD 6 months ago , would you now care to pay us this unenforceable debt".

 

Alleged debt sold on to another company represented by same solicitors which are all connected.

 

Another default notice issued from new company by same solicitors two years after original default notice.

 

County court claim form received demanding full amount.

 

 

Do I bother with any default notice issues in my defence or just no CCA game over, obviously listing the previous two and a half years of harrasment etc.

 

Regards

 

Santos

[Santos L Helper]

polite bump.

[GhostDebt]

Santos,

 

In the first instance you would need to submit the acknowledgement of service stating you wish to defend in full (if that is what you are going to do).

 

You will then need to send a CPR31.14 request letter to the claimant/solicitor asking for all relevant documentation, including Default Notice, agreement, Notice of Assignment, Deed of Assignment, statements of account etc.

 

Please provide more details of the case if possible.

e.g post up the particulars of claim and D/N minus personal details to give people a better understanding of what is going on.

 

When was the claim form dated?

 

Regards

[Santos L Helper]

Santos,

 

In the first instance you would need to submit the acknowledgement of service stating you wish to defend in full (if that is what you are going to do).

 

You will then need to send a CPR31.14 request letter to the claimant/solicitor asking for all relevant documentation, including Default Notice, agreement, Notice of Assignment, Deed of Assignment, statements of account etc.

 

Please provide more details of the case if possible.

e.g post up the particulars of claim and D/N minus personal details to give people a better understanding of what is going on.

 

When was the claim form dated?

 

Regards

 

Hi GD

 

AOS= done

 

CPR 31.14 = done

 

Default notice = invalid

 

POC = usual, default on credit agreement, served default notice, terminated agreement, full amount due etc etc.

 

All time scales adhered to.

 

Regards

 

Santos

[MandM]

Hi GD

 

AOS= done

 

CPR 31.14 = done

 

Default notice = invalid

 

POC = usual, default on credit agreement, served default notice, terminated agreement, full amount due etc etc.

 

All time scales adhered to.

 

Regards

 

Santos

 

Hi Santos,

 

How long do you have left before the 28days is up on the AOS?

 

As I understand it, they have sent you nothing for 2 and a half years so i'm assuming that they sent nothing with the POC!

 

In that case, you still cannot defend so your next course of action would be to submit an embarressed defence. Will give them an outline of your defence or your intent to defend and you may (or may not) hear anymore. Have a look around some of the other threads along these lines. If you're still unsure i'd be happy to point you in the right direction but hopefully someone a little more knowledgeable than me will be along soon.

 

As GD says, get as much info up as poss and you'll get plenty of help.

 

M

Edited November 11, 2009 by MandM
typo

[Santos L Helper]

update

 

cpr request sent and I received 8 years of statements, an application form and copy of NOA and a copy of a second default notice because they dont need to rely on the original which terminated the account 2 years ago and is invalid which I still have in its original envelope.

 

I thought once an account was terminated it cannot just be kept live as it were. They terminated account 2 years ago and I said fine take me to court and let the courts decide how much I pay you and 2 years later here I am going to court. Talk about dragging things out why didnt they do it 2 years ago?

 

I have been threatened with all kinds of nasty things and even set aside a statutory demand from these people. Can I counter claim for harrasment or anything else?

 

When I do the defence can I keep it short and sweet in reply to their POC and just note down where certain rulings on certain cases came from in relation to the CCA and certain laws and when it gets to court just have the full transcripts etc in triplicate for me the judge and the claimant.

 

Any ideas as always appreciated

 

Regards

 

Santos

[Santos L Helper]

polite bump

[the_shadow]

Ok, can you scan and post up a copy of the agreement and default notice ensuring all personal info is removed.

 

In the CPR 31.14 letter did you state you would supply the defence 14 days from receiving the response?

 

As to the termination, the account can only be terminated once... you'd have to argue the toss with them in court, but they have terminated the account once, if its not live how can they terminate again..... and if they have terminated wrongly then its unlawful recession of contract I believe.

 

If you post up the docs it'll help people advise.

 

S.

[Santos L Helper]

Hi Shadow

 

Thanks for the response. I do not have access to a scanner at the moment but the application form is just that, an application form with no prescribed terms etc.

 

The terms and conditions accompanying it could be from anywhere. There is nothing to tie the two together.

 

The account was definately terminated and the claimant confirms this in their POC.

 

I am baffled as how to proceed it seems they contradict everything they have set out in their POC.

 

Regards

 

Santos