CCJ on Yorkshire Bank loan

[Peterbard]

My son in law recieved a county court summons for a loan taken out with the Yorkshire Bank some years ago. He had been ill for some tome and was under the opinion that the insurance he took out with the loan had settled the debt. He has no recolection of recieving a default notice from the YB and any other correspondence is long gone.

 

He has responded to the court action which i believe gives him 28 days before the hearing date is set.

In order to compile a deffence he sent a request under the 1974 act for detalis of the account and Default.

It has now exceede the 12 days and still no responce.

Should he let the claim go ahead and use this as a defence against the claim in court, or should he contact the court and ask for further time on the grounds that this information has not been supplied.

[Peterbard]

Ok friom looking elswhere in the forum i see that i can use this on the defense and counter claim form. I am not quite sure how to word it but i think it should be along the lines that. The YB as failed to supply a copy of the contract or default account despite my applictionto them which was sent on the ******.

under the 1974 cca.

Is this correct and is there a template or letter that i could use elswhere in this forum.

The 28 days is up in two days so some immeiate help would be appretiated.

 

Many Thanks

[MARTIN3030]

Peter the first 12 days are working days.

After this it is 1 month (not 28 days) and if that falls on a weekend ,they have until the next working day until it becomes a criminal offence.

You could ask for further time using the non compliance.

If the 12 days are up the debt remains unenforceable.

 

It may help you to have a look through the Baliffs and debt forums where this scenario is actively being discussed.

 

The non compliance of the request under the 1974 act is a trading standards issue and your local office would be able to assist.

However they would probably be more interested after the month had timed out.

Your reason therefore for more time could be on the basis that you are awaiting copies of the agreement.

As you are aware without this their case is very weak.

I am suprised however that they should take this to court in the absence of being able to supply these docs.

[MARTIN3030]

Have a look through Peters thread

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/12020-elsinore-aktiv-kapital-4.html#post250594

 

There are references here to CCA stats.

There is a letter on the site for non compliance too.

[Peterbard]

Thanks for the repl's the 28 days I refered to were the period in which a defence has to be filed. The 12 days for return of the data as per my cca request was up some days ago.

[MARTIN3030]

So could it be possible that the month will also be up for them ...before you have to file ?

 

If so then you should wait for that and in the meantime contact your local TS.

[Peterbard]

Thanks Martin

 

Yes it is possible I will have to get the Post office record and check when they signed for the request.

But it will be close and i don't want the court to enter judjement because i waited to long