[CLOSED] - Continues in AAD+ Legal Section - CCA recieved, next steps?

[squidworth13]

Dear Forum

What looks like an enforceable CCA has been received from the solicitor representing a DCA. I'm not sure what to do now. Shall I wait for them to strike out my defence or shall I make an settlement offer?

Any advice would be much appreciated.

Kind regards

[PlanB]

Re: CCA recieved, next steps?

What looks like an enforceable CCA has been received from the solicitor representing a DCA. I'm not sure what to do now. Shall I wait for them to strike out my defence or shall I make an settlement offer

Have you actually received a court claim? I'm sure we can help you with that if you have.

Tell us the name of the creditor (possible Claimant?) and the name of their solicitors and we'll take it from there.

Or are you being bullied by a solicitor on behalf of a DCA in which case we'll do our best to help you give them give them a slap.

Lots more info needed please.

Take Care

Plan B x


PS to AAD

[Never-In-Doubt]

Re: CCA recieved, next steps?

What you've uploaded is hard to see.

Can you scan it into PDF and email it me? How much was the claim for?

[PlanB]

Re: CCA recieved, next steps?

What you've uploaded is hard to see.

Can you scan it into PDF and email it me? How much was the claim for?

Oh so there is court claim

Squidworth can you email me the paperwork please using PlanB@all-about-debt-debt.co.uk with a copy to Niddy using webmaster@all-about-debt.co.uk.

Plan B x

[PlanB]

Re: CCA recieved, next steps?

And then (sorry to be so demanding but we want to help you as quickly as possible) can you start a new thread in this section http://forums.all-about-debt.co.uk/s...l=1#post461134

Plan B xx

[PlanB]

Re: CCA recieved, next steps?

What you've uploaded is hard to see.

Can you email me what was uploaded?

As long as the court summons date is visible (is it?) then there's a court deadline which needs to be complied with.

Plan B x

[Never-In-Doubt]

Re: CCA recieved, next steps?

All that was uploaded is a CCA. It's illegible hence I'm asking for a clean PDF copy

As there's a claim then if help is needed we can do - that's why planB is asking stuff as she sorts the legal claims

[PlanB]

Re: CCA recieved, next steps?

What looks like an enforceable CCA has been received from the solicitor representing a DCA. I'm not sure what to do now. Shall I wait for them to strike out my defence or shall I make an settlement offer?

I've just re-read your first post.

Of course there's already a claim otherwise you wouldn't be worrying about a strikeout of your Defence. Silly me

Once you filed your Defence the court would have written to the Claimant and given them 28 days to advise the court if they intend to continue with the claim. If they don't respond within the timeframe then the claim is automatically stayed. If the Claimant decides they want to continue after the 28 days deadline then they have to seek permission of the court.

So what stage have you reached?

If the Claimant advises the court they intend to continue before the 28 days deadline then the court will send you something called a Directions Questionnaire to complete so they can allocate the claim to your nearest county court (assuming this is MCOL not solicitor service). On that form there's an option to tick a box for free telephone Mediation where you can settle if that is what you want to do (and the other side is also willing).

However this depends on the size of the claim. If it's over £10k things are handled differently at the DQ stage and Mediation is not on offer through the court service.

There are more ways to defend a claim than the enforceability of the credit agreement so don't throw in the towel just yet. At least not until we've seen your CCA.

Plan B x

[squidworth13]

Re: CCA recieved, next steps?

Thank you all for your responses. I'm going now to get the documents scanned and then will email them as asked. I got the claim on the 17th Aug 2015. I had a letter from solicitors a few days before. I promptly asked for CCA but they sent back the request saying a digital signature was not suitable.I then received the claim. I defended as I hadn't got the requested documents. I rang the court after 28 days and they informed me it was stayed. On 26.10.15 I got a copy of CCA and some T & C's, a statement and transaction history. They ask for me to contact them by today with a proposal otherwise they will apply to strike out my defence and seek an order. MBNA is the original creditor, Global arrow are DCA amount is £3000. I haven't had a response to my SAR (which I sent to OC) back in AUG.
I'll post the CCA up in1/2 hour

Thanks for your help

[PlanB]

Re: CCA recieved, next steps?

I promptly asked for CCA but they sent back the request saying a digital signature was not suitable.I then received the claim. I defended as I hadn't got the requested documents.

. . . . They ask for me to contact them by today with a proposal otherwise they will apply to strike out my defence and seek an order.

Thanks for the update. Did you send a £1 postal order or cheque with your original CCA request?

Don't post the CCA on the forum - send it by email please. Also send the claim form (N1) and a copy of your Defence in three separate PDFs. I'll ask you for more stuff after that but let's get the basics first.

A lot depends on what they've sent you. In theory you ought to be able to amend your Defence now that the documents have arrived. If they're blatantly unenforceable then amending your Defence could be an option either by consent with the other side or by making an application to the court for permission to amend it.

I note the claim is currently stayed so the Claimant will have to get the stay lifted before they can have a strikeout/SJ, but they can apply for both applications to be heard at the same time. It's not as simple, straightforward and automatic as they imply. Cheeky buggers.

Who are the solicitors? I'm guessing Restons from the way you describe the situation.

Plan B x

[PlanB]

Re: CCA recieved, next steps?

I've received your email but my reply to you has bounced because you have a hotmail account which is having problems 'talking' to AAD. This means you're also not getting your PMs from me or thread alerts for new posts

We'll get this sorted somehow but in the meantime can you email me your claim form (N1) and your Defence which gives me enough to get a preliminary assessment done on your claim situation since we now have the CCA (did you get anything else other than that in response to your CCA request?).

If you also have a copy of any Default Notice which was sent to you by Abbey/MBNA then that would be useful too.

Plan B x

[squidworth13]

Re: CCA recieved, next steps?

hi

I sent £1 PO. They were just being gits about an electronic signature. Yes Its restons. Ihave sent CCA and Claim form to you. I'll email you my defence now. Thanks for your help with this.

[PlanB]

Re: CCA recieved, next steps?

Ihave sent CCA and Claim form to you. I'll email you my defence now.

I've got everything you've sent by email.

You've covered all bases in your Defence which is good.

So have they complied with your CPR 31.14 request by disclosing the DN (if any) and the NOA (if any) assuming that's what you asked for? They mention the assignment in the Particulars of Claim so you've every right to see evidence of their ownership of the debt and any legal right to claim this money.

I guessed right it would be Restons judging by the tone of that letter to you. We've seen that letter many times on here and it doesn't daunt us. They're bullies, pure and simple.

Plan B x

[PlanB]

Re: CCA recieved, next steps?

Thanks for your help with this.

To get round the temporary email problem when sending to you, can you email me your phone details (mobile and landline) so we can speak in the old fashioned way.

Plan B x

[IF]

Re: [CLOSED] - Continues in AAD+ Legal Section - CCA recieved, next steps?

Thread Continues in the Protected AAD+ Legal Claim Portal --- > http://forums.all-about-debt.co.uk/s...17-August-2015

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