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BRIGADIER2JCS

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Everything posted by BRIGADIER2JCS

  1. BRIGADIER2JCS
    County Court District Judges decisions do not make case law, it is of no use quoting such cases in defence.
  2. BRIGADIER2JCS
  3. BRIGADIER2JCS
    If what you have received is intended to be a " reconstituted" agreement it must have : Your name and address as at the inception of the agreement. The original creditors name and address as at inception. ALL the Ts& Cs : Those at inception and closure of the account. Any material amendments made to the Ts & Cs made during the life of the agreement. Any other documents mentioned in the agreement.# A current statement of the account. NO signature is required. Unless All the data is included the alleged "recon" does not satisfy the CCA request, nor will be sufficient to enforce the debt via the court. These requirements are laid down in case law. The creditor/DCA cannot just send anything they see fit.
  4. BRIGADIER2JCS
    You have said I think you can pay the required payments + £100 if you state that you will take responsibility for making the payments In the future and show the judge the medical records of husband and son the judge may decide to suspend the order under strict conditions.
  5. BRIGADIER2JCS
    There never has been an obligation to supply a CCA with a SAR, nor is there now. CCA 1974 sect 77/78/79 provide for this. If no CCA has been produced then the debt is unenforceable via the courts. Once off your CRA files it can never come back. So they can do no more than huff n puff
  6. BRIGADIER2JCS
    7 days and the licence dated from the 1st Day of the current month.
  7. BRIGADIER2JCS
    I believe that the account numbers were change when MBNA acquired the Monument brand. Have you sent a SAR to MBNA?
  8. BRIGADIER2JCS
  9. BRIGADIER2JCS
    Good result.
  10. BRIGADIER2JCS
    The time scale for a CCA request is 12+2 Working Days from the date on the request. If they have not complied then it may indicate no CCA exists, without the CCA enforcement via the courts cannot take place.
  11. BRIGADIER2JCS
    Was a full SAR ever done?
  12. BRIGADIER2JCS
    I would "hope" due consideration would be given to your financial hardship and your sons situation, by either reducing the deductions or delaying collection completely, a game of wait and see unfortunately.
  13. BRIGADIER2JCS
    If no default notice was received the default could be Unlawful (civil matter not criminal). The process of reporting accounts to credit files has changed, instead of the original creditor removing its entry when a debt is sold it marked settled/satisfied then the debt purchaser enters their details on the files so the progress/conduct of the account fully. However the Default date can never be changed it must always be that placed by the OC. Also Default Notices are not routinely archived as hard copy and all a creditor does is note that a DN was sent on specific date. Is there no mention of a DN being sent within the SAR data?
  14. BRIGADIER2JCS
    Ok that I&E would be a "joint" assessment perhaps it would be a good idea to do a "personal" statement showing your current financial hardship.
  15. BRIGADIER2JCS
    Have you at anytime provided an Income and Expenditure breakdown to the council or HMRC?
  16. BRIGADIER2JCS
    For clarification please: What are they doing that amounts to harassment? Multiple phone calls and or texts and e-mails?
  17. BRIGADIER2JCS
    Have you checked Equifax and Call Credit for any transactions?
  18. BRIGADIER2JCS
    Yes you must contact the Data Controller at the original creditors head office. The account should be marked " partially satisfied. Did you get agreement with CDUK that the remaining balance will not be chased in the future? You can place a notice of correction on all the CRA files.
  19. BRIGADIER2JCS
    When a debt purchaser acquires a debt they have to update the files held by the CRAs. A credit agreement will have a clause contained within it allowing the creditor to share your data with any third party, this includes the credit reference agencies, which can then access and update your records. The fact you check the files is not seen by anyone but you.
  20. BRIGADIER2JCS
  21. BRIGADIER2JCS
    Water arrears are no longer a "priority debt" the council tax and HMRC debts need to be addressed first, has the Tax Credit Debt been handed to HMRC debt management? Is this an overpayment? The Council Tax : Have Liability Orders Been Made? If so how long ago?
  22. BRIGADIER2JCS
    The Lowell dates are just the updates on the files I hope, the only default date must be Capones original one.
  23. BRIGADIER2JCS
    Have you acknowledged service of the claim? If not do so asap and state you are defending all of the claim.
  24. BRIGADIER2JCS
    The OFT is no more just the FCA now.
  25. BRIGADIER2JCS
    Yes. The CPR 31.14 request may be refused if the claim has been issued by the Northampton CC.

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