Cabot no CCA - Merged EGG loan/card ebt

[Andyorch]

6 hours ago, HSBCandMe said:

Hi. Do you have any statute or case law to back that up?  I would like to go back at them with it.  My worry is that they will obtain a CCJ for the heck of it and trash my CRFs.

 

 

Simply refer to section 77/78 of the CCA1974 under the request you made

 

(4)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement; 

 

https://www.legislation.gov.uk/ukpga/1974/39/section/77

 

Andy

[Andyorch]

Not sure they really understand the process...they issue a claim and you dont defend they get a default judgment..but they cant execute it because they have not complied with your CCA request 

 

Never stopped them before.

 

Numpties 

[Andyorch]

Judgment and execution of the judgment have no connection to a CCA in a default judgment case ..IE you do not submit a defence.

[Andyorch]

35 minutes ago, HSBCandMe said:

But surely you need to submit a defence to prevent any sort of judgement?    Cabot may not be able to enforce a judgement, but they cam screw up your credit files.  So it makes sense to defend, surely? 

 

Ref. Wilson v First County Trust Limited. Old case, from 2001, where court held that s.127 (3) restricted it’s power to make an enforcement order under s.65 (1) CCA unless a document containing all the prescribed terms of the agreement had been signed by the debtor.

 

 

 

Of course you must always defend...I think we are going off at different tangents here....I am simply referring to the response you got from Cabot and their lack of understanding of the process.You must appreciate that 95%  of DCA claims go undefended and they work on default judgments.