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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a court claim for an old credit card via a debt

Resolved Question:

I received a court claim for an old credit card via a debt collection agency. I have done a CCA request but have heard nothing as yet back - still just within the 14 days so hopefully will receive an answer soon. How do I formally request for information from the solicitor to see what information they hold on me? This account has been in dispute for many years, may actually be statute barred.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how much the claim is for and whether you have filed an acknowledgment of service please?
Customer:

Hi Alex, the claim is for just over £4000. The acknowledgement of service is not due until mid October. It is actually for two very old credit card accounts (opened during 2006). The claim does not give any breakdown of individual balance or any other information. I got a refund of unfair charges a couple of years ago on one of the accounts from the original creditor but did not hear from the other creditor with regard to charges that amounted to almost £1000. I don't believe Cabot (the DCA) have taken any of that into account.

Customer:

They legally need to reply to my CCA request within 12 + 2 working days? I did send a cheque for £2.00 (1 for each account)It is two weeks tomorrow and have not heard from Cabot at all.

Customer:

Regards

Customer:

Rory

Alex Watts :

Have they cashed your cheque please?

Customer:

No they haven't

Customer:

I just checked with the post office and the letter was delivered on the 4th of September. I did send it signed for/guaranteed next day delivery.

Alex Watts :

Ok - they have to take steps to comply with the Consumer Credit Act. If they do not they are in breach.

Alex Watts :

The Office of Fair Trading advice on debt collections say they can not take any further steps if there is a dispute

Alex Watts :

Please see:

Alex Watts :

http://www.prmsltd.co.uk/prms-fees-packages-terms-of-business-corporate-administration/oft-csa-guidelines-and-code-of-practice/

Alex Watts :

But be warned - case law says they dont have to have the original agreement to comply with the CCA

Alex Watts :

They can use a reconstituted version of it and that will meet with requirements.

Alex Watts :

But unless they produce the agreement they can not take any further steps

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

That's great, thank you for your help. Just one last thing, the OFT is now part of the FCA? I take it that the guideline still applies?

Customer:

Also, is it still possible to get refunds of credit card charges (£12)?

Alex Watts :

Yes it would still apply.

Alex Watts :

Yes you can seek refunds of anything over £12 for card charges

Alex Watts :

Does that help?

Customer:

Ok, over £12 but not £12 then? Do I have to send anything to the solicitor in the meantime, perhaps tell them that their pursuer has not complied with the CCA request

Alex Watts :

Yes I would certainly do that and point them to the OFT guidance.

Alex Watts :

They are in breach and need to remedy that

Customer:

Thank you very much for your assistance

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