Hi Stressins, I am new on this site , however from my limited knowledge and the help i have received from you cannot beleive a word the DCA say so you have to stop talking to them verbally , get everything in writing, keep everything they send to you. In the first instance i would definitly request a copy of CCA (consumer credit agreement) from link, and then req a S.A.R - (Subject Access Request) from GE capital ,this is important beause you need to know what charges they have been applying. Get cracking on these 2 tasks , there will be plenty of advice to follow. Manc1

Very Weary, Sorry to say but if it is a lender variable rate , then they can decide when and how much they will increase it . Why dont you ask them if they have any diffferant products that you can transfer to ,which might suit you better. Manc1

Hi Shelbelle, Firstly on the issue of the business loan i am assuming that you would have signed a individual guarantee which provides security to lender until debt is paid off. Do you have copy of agreement and T&C.On the issue of your mortgage could you post exactly when you had the ccj registered. Manc 1

RedHen, from my understanding both SPML and PREFERED could have had ideminity clause, depends when mortgage was taken out , this would be in your terms &conditions when you accepted mortgage offer.Helford is spot on capstone are a admin co looking after the mortgages. Manchester1

Hi Meister, I know it sounds silly but i would write to lender and ask for breakdown in writing ,pointing out your understanding of what should happen ? Manchester1

Thanks Michael Brown Manchester1

Hi ALL, I have been trying to find thread relating to parachute accounts that was on the site , has it been taken off , anybody know wher it is Manchester1

Hi Viking bird, i am just a beginner on the site ,and i am sure some of the experts will come along and give you more informed advice ( they know what they are talking about even more so then some solicitors sitting in the high st law firms) .However i would think that you should still ask for A COPY OF ORIGINAL CCA(AGREEMENT) , and same time a S.A.R to LARGO would help in the fight ahead to ascertain what charges they have put on the sum. From reading other posts i am sure you can fight this SD ,so chin up. Manchester1

Thanks pt , maybe i should get a letter off to the desk that owns the debt,and tell them to come forward with goods or forever go away? Manchester1

Hi PT, Seems like it is the same dca name , however one is xx portfolio ltd and next one is xxx financial services. Manchester1:confused:

42 man, Thanks for template , i was just bemused when DCA say that they are sending account back to OC or is it that they cannot admit they are giving up/ Manchester1:confused:

Hi All, I received notice of assignment from OC in jan08 saying " We hereby give notice of the assignment of the debt to us from you in respect of the balance of£xx on your xxxx credit card. On xxxx your accountwas assigned to xxxxx, who are now the legal owners of the debt". Next letter comes from DCA stating " I write to inform you that your xxxx account ref no xxxxx has been sold to xxxxxxxx. xxxxx have been appointed as duly authorized collection agents for recovery of the outstanding debt". I then proceed down the route of show me copy of cca and S.A.R - (Subject Access Request) to DCA. 1. First response was" we have gone back to OC who are retreiving from archives and will forward to you". 2 Second a letter cotaining copies of correspondancs sent by DCA to me , and 1 page showing a ledger of monies received on my account(which was there shoddy response to SAR) 3.Another Letter from DCA saying they are still awaiting copy of CCA , however they are willing to negotiate the debt down by 55% as long as i pay in next 7 days, or once they are in receipt of CCA from archives , they want all monies plus futher costs. 4. Today i receive a letter from DCA saying the OC has informed them CCA is "no longer available. Under the circumstances , we have closed our file in relation to this account which has been returned back to OC,and no further contact will be made by us re this account". I know it is long winded but my question is was it absolute assignment ,which means that DCA has given up or was it equitable assignment and the OC gives the account to another DCA to chase me? Manchester1:confused:

Exactly! , I shall run off a letter to them and lets see what happens. Thanks all Manchester1:)

Thanks Guys, I n there letter they say "We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement". Manchester1:)

Whilst we have won the first battle , the war is far from won.However there were points to be taken from the breif encounter,and due to my limited knowledge on case law etc , i will leave it paul who was in attendance as a "court buddy"to decide when he has time to pick up on any learning events as such. However one thing is for certain YOU CAGers KNOW YOUR STUFF. Manchester1:)

Hi All, Have sent DCA a CCA request , to which they responded " we have tried to obtain a copy from the original debtor and they have now advised us that it is not available". The DCA committed a offence on the 1st of May, hence could somebody guide me to a letter to send? , i have trawled through differant posts but no luck. Thanks Manchester1:)

Spot on Letitbeme, However i think from my little experiance you can tilt proceedings in your favour by making sure you have CASE LAW at hand to HELP the judge go along the desired road

Thanks 42 man , hopefully in the battle ahead i get the DCA to discontinue and my case is one of the few that gets that far. Which gives all the poor sods in the same shoes as me a tad more confidence to tackle the DCA ,who are in some cases just relying on people being scared and not fighting back. Manchester1:D

Hi Everyone, i have just come back from court and THE JUDGE HAS SET ASIDE MY CCJ , which is great news , he has asked the DCA claimant to come up with 1. Original CCA 2. Letter of Assignment 3. Copy of default notice in the next couple of weeks. So at least i get a chance to defend myself , and with the help of this forum i am looking forward to it. So thanks to everybody for helping me up to this part of the journey, BIG THANKS TO PT2537 who made sure the specifics of the case were dealt with and kept me focused. A point to mention and notice to all , the dca rep did try and do a naughty in producing a ineligible copy of my account with a covering letter which they claimed they had alredy sent to me ( lie), when judge asked me " have you received this document" i stated "No sir i have just set eyes on it now". The judge was not impressed by their paperwork and it felt like he was on my side , hence ripped their rep to shreds and asked for the above docs disclosure which is a CAG ers dream. Time to turn my attention to some of the other chancers. MANCHESTER1:D

Thanks MB, So i could take a buddy along as lay representative, who in my presence could help with the case , if claimant sols started reciting war & peace and took me out of my depth and truly into the deep end. Manchester1

Hi All, I am going for a hearing soon and am taking a court buddy with me , is there a set procedure for notifying the court of this and the fact that the buddy might talk on my behalf ? Manchester1

Thanks Pt . Court Hearing On The 9th Lets Hope I Get A Open Minded Judge. Thanks For Everybodies Help, Would Not Have Even Got This Far Without This Website . Manchester1

Bump

Thanks PT & ROBCAG, I will rectify the mistake , it should read" valid" as opposed to invalid . On the subject of s 87-88 of the cca relating specifically to the DN , could you point me inthe right direction or post where this has been used so i can add it to my defence. PT , i have PM you and was wondering if you could come back to me ? MANCHESTER1

42man , Lets hope i have a good argument , i am hoping when PT or some of the other specialists get a chance they can have a look at my argument to set aside and see if it needs any tweaking or additions. Manchester1