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debtcrusher

Dealing with county court cliam for alleged credit card debt

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Hello all,

 

Thanks for all the great information here - partularly from surfaceagentx20.

 

I have a two part question:

 

PART ONE.

 

I recently had a county court claim issued against me for a credit card debt sold to a DCA.

 

I had already made a request for a copy of the credit card agreement from the DCA, but this isn't particulaly legible.

 

So,following instructions from surfaceagentx20, I wrote the the solicitor acting for the DCA, telling them I intend to defend the claim and raising three points:

 

1. Pointing out their Particlars Of Claim are incomplete - ending, as they do, in mid sentence (not uncommon, judging by other posts on this forum).

 

2. A verified and legible copy of the Credit Agreement under Civil Procedure Rule 31.14

 

3. The Default Notice also under Civil Procedure Rule 31.14

 

They have written back, ignoring points 1 and 3 and simply saying I have already received a copy of the credit agreement.As I've already mentioned, this isn't particularly legible.

 

I'm now minded to follow surfaceagentx20's advice on another thread and write again, along these lines (this time requesting The Assignment which I didn't request before, because it isn't mentioned in the incomplete Particulars Of Claim)...

 

Dear Sir,

 

Thank you for your previous letter in reply to my CPR 31.14.

 

I requested the production of a verified and legible copy of the Agreement, because the one sent to me previously is not entirely legible.

 

Further, owing to the previously mentioned incomplete Particulars of Claim - of which your reply makes no mention and your lack of response to my request for a verfied and legible copy of the Default Notice - I require the prompt disclosure by you pursuant to CPR 31.12 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1. The Agreement.

 

2. The Default Notice,.

 

3. The Assignment.

 

SO MY FIRST QUESTION IS: should I write to the DCA's solicitors again, along these lines?

 

NOW FOR MY SECOND (RELATED) QUESTION:

 

In my first letter to the DCA's solicitors I put them on notice that, if they...

 

* failed to comply with this CPR 31.14 request

 

* failed to request more time

 

* failed to agree to an extension of time to file my defence (not that I asked them for that anticipating getting the documents I requested)

 

... I would make an application to the court to have the proceedings struck out or stayed for non-compliance et cetera.

 

SO MY SECOND QUESTION IS: I have to file my defence very soon - almost certainly before I get these requested items - so what should I say in the Defence? And, how do I go about applying for the claim to be struck out OR are they one and the same thing in this situation?

 

Thanks in advance for any information you can give.

 

DebtCrusher

Edited by debtcrusher

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IMO if they are not able to provide contractual/credit card agreement before the court date is set, they cannot bring it with them on the day.

 

Subsequently if you turn up at court and they have not provided the correct paperwork to prove you have defaulted, there is no "witness statement" to prove a CCJ should be applied.

 

So in the defence you need to make it clear you have asked for said items once, and have had an imcomplete response. Also state you will be asking again and have for example "given them 14 days to respond". If the judge wishes they can extend the court date to allow time for the said documents to be received. The judge can decide if there is no case to prove and strike it out, or find in your favour on the day.

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I have moved your thread to the debt forum as you will get more advice there. :)


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