Any examples of No CCA produced Court Wins

[lookinforinfo]

In McGinn v Grangewood Securities 2002 the Judge has this to say

It follows that in a case where there is no document signed by the debtor which contains all the prescribed terms of the agreement the court has no power to make an enforcement order

 

In the light of that very clear interpretation by the Judge [and he is not the

first Judge to have echoed that position ], it would seem likely that

most companies would thus avoid going to Court when they cannot produce

the executed agreement.

[lookinforinfo]

Tsiman, if they are still in default, but have not yet reached the offence

stage, then I suggest that you grit your teeth for a little longer. Ignore

their calls and do not have ant sort of dialogue with them if you do end up

answering the phone. Just put the phone down without talking to them..

 

Do not alert them to the fact that you know that once they have committed

an offence the debt is then unenforceable if they cannot supply the

executed agreement. When did you send RMA the CCA request-and did you

include the £1 payment and send it by recorded delivery?

[lookinforinfo]

Tsiman the time stipulated in the Act is two days to allow foe delivery and

then twelve working days before the default commences. As weekends and

bank holidays don't count, the default won't come into force til Tuesday or

maybe Wednesday, if you posted the letters on the 23rd May. Thereafter you have a further month to wait until they have committed an offence and the debt should become unenforceable.

 

You will have to reply to Amex advising them that the alleged contents were not included. This is to prevent problems perhaps at a later time.

[lookinforinfo]

You obviously cannot prove that you didn't receive them-only they can admit they made a mistake.

However, if you don't write and tell them now, it will appear in future that

they did send them as the longer you leave it, the less credible your statement will be. so well done for being so quick off the mark.

[lookinforinfo]

Not quite. It is only after they commit an offence that a Court Order is required.

 

However it is possible that they did intend to include the two documents

for you [perhaps at the same time as several others being sent their documents] and they meant to get them out on time as they know they cannot ptovide the original agreement. Why else would they include a document they don't need to send [the default notice]?

[lookinforinfo]

Fullyskinted, I think it would be a good idea if you were to start your own

thread. The position you are in is different from Tsimans' so advice to you

both might get confusing.

 

I would be inclined to ignore them and complain to Trading Standards. First

beecause you are being harassed while they are in breach of the Act. And

second, if you are sure that the copy they sent is incorrect, then they

were trying to deceive you-both reasons to call into question their suitability

to hold a Consumer Credit Licence.

[lookinforinfo]

s.77 [4]"if a creditor under an agreement fails to comply with subsection [1]

a] he is not entitled to, while the default continues, to enforce the agreement

and

b] if the default continues for one month he commits an offence."

[lookinforinfo]

I totally agree with that Sequenci, though it would seem to be skating on

thin ice to continue enforcement if there is a doubt that the documents can be supplied within the specified time.

 

Though Fullyskinted did say that he had waited for five months for his

agreement to turn up.