CCA Clarification

by Rescue2017 Sat Jul 22, 2017 1:54 pm

Hi Everybody

I just wanted clarification on something, I used the 3 letters on a DCA (Who Bought an alleged debt) this was about 2 1/2 years ago asking for the usual documentation in the letters, this week I received back some of the information but not all, I did not receive the default notice and although they sent a copy of the cca it was not dated and did not have any signatures on it, it did have my name and address on it but nothing more.

My question is as they took so long to produce the CCA that is not the original and that I thought that they only had 12+ 2 days to produce it can they now not enforce the debt?

Any help would be appreciated.

Regards

by 1215kent Sat Jul 22, 2017 2:08 pm

if they bought the debt,i would just thank them. he he he
a debt bought, is a debt paid
if the documents are not signed and printed no one is willing to put their neck on the line.
they must produce documents if asked, proof of claim !
craig

by Rescue2017 Tue Sep 19, 2017 1:58 pm

Hi

I have now Received a letter from 1st Credit today

"county Court Proceedings are being Considered"

Should I reply with the Pre Action Letter to them or wait for their legal team to send it then reply.

Also they have not sent the default notice just an unsigned CCA some statements and notice of assignment.

For Reference it is an ledged Credit Card Debt

by Tiggy Tue Sep 19, 2017 4:01 pm

Rescue2017 wrote:Hi

I have now Received a letter from 1st Credit today

"county Court Proceedings are being Considered"

Should I reply with the Pre Action Letter to them or wait for their legal team to send it then reply.

Also they have not sent the default notice just an unsigned CCA some statements and notice of assignment.

For Reference it is an ledged Credit Card Debt

IT sounds as though they've sent you a reconstituted copy of the agreement, which is allowed. However, it must be a true copy of what you agreed to at the time and it must contain all the prescribed terms. So you need to go through it with a fine tooth comb and be prepared to challenge any discrepancy.

If they haven't sent the default notice then you may need to research why one is needed to commence proceedings - Sections 87 - 89 of the CCA I think it is.

Yes, send the Pre Action Conduct letter but add in that you will require the Court order full disclosure of the amount they allegedly paid for the debt, as you believe they are attempting to unjustly / unlawfully enrich themselves at your expense.

Also, be prepared for them to ignore anything you send as it's likely they have already commenced proceedings, so don't be surprised if you receive Court papers.

by petesomething Tue Sep 19, 2017 7:59 pm

HI Resue2017

what was the debt for.
how old is the debt
Look on your credit file , see if you have a default on there, if not get a copy.
A bank cant sell your alleged debt, with without sending a default notice
if they tell a judge in court they sent a default notice the judge will believe them .
and also the default notice will have to be a true copy .name address account number , also must give you 14 days to respond
also if you cant read the agreement then its not a true copy
yes send the pre action conduct letter , but you may find that they may not respond,

keep us all informed

by Rescue2017 Tue Sep 19, 2017 10:16 pm

Hi Petesomething

alleged CC Debt, Default on file but not received default notice from 1st Credit or a copy

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