Backdoor CCJ Arrows/Copes - Old A+L Loan poss SB'd - set aside - *** WON ***

[bobneedhelp]

I have a letter from Cope's Solicitors stating that they have applied for a CCJ against me - debt of around 10K.

 

History- i inherited debt from previous marriage in early 90's and since 91/92 I have repay small agreed amount to the loan companies without fail. Despite this the loan company have continue to pressure me for more money which I cannot pay.

 

I do not even know if I owe this money or that much money anymore since I went off sick with stress and depression in around 99/2000, and eventually have to resign from my work. Because of this stress, I stopped paying and also stopped communications as I was staying at different places - mainly with family, relatives and friends for help and support for several weeks at a time.

 

From 2000 onwards, as far as I can remember there has been no correspondence with any of the DCA until now in 2008. This Cope's Solicitors have stated that there is a Registered CCJ made against me.

Due to my staying over at friends and family, I have not reply to any of the letters since they started arriving early 2008. Some letters got resend back by my nephew and others just pile high.

 

Until Today, with help and support from forum members, i managed to open all remaining letters and made a forward move in dealing with one DCA who has put an Interim Charge Order against me - forum member surfaceagentx20 was the main person helping me and with his help I am going to the court tomorrow to hand in some papers. The many others at the forum have offered moral and psychological support which was very invaluable too.

 

Now I am in need of HELP again on this matter from Cope's Solicitors - As mentioned I did not open letters until today, Cope's or their appointed DCA wrote to me early 2008 and as I did not open letters, Cope's have taken advantage for non-reply, defaulted me and managed to get a Registered CCJ against me.

 

By going through what I have been reading in the forum, these are very old debt which was taken out in the late 80's / early 90's (I made small repayments (as negotiated by my divorce lawyer) until 99/2000) and then stopped payment and communications from 2000 until 2008. Does this mean the debt is status barred since it is well over the 6 years since I made the last payment (this I read and learn today assuming that I am right of course)

Now, I need help to tackle this one - I have not a clue where to start, what and how to write, who to write to or just wait until the next letter arrives through the letterbox and go from there. Although I have somewhat gone through one major hurdle today, I have now another put in front of me - sigh!.

 

Finally, I have a few other loans from various DCA (all of which I stopped paying and communications in 99/00), they might register a CCJ against me at some stage -until that happens I will deal with them but for now PLEASE HELP ME to get something done with Cope's - many thanks in advance.

[postggj]

you are correct

any account over six years old that you have made no payment to and have had no contact with the creditor or dca is statute barred.

also if the account you have a ccj against is statute barred, this may be grounds to have it set asside.

not sure so some one will confirm that one as ccj has been granted

 

if they have a ccj in a statute barred debt, they have some explaining to do

[bobneedhelp]

i have lost letters from arrows and copes or from the court as these might have been resent back by my nephew. So I am again stuck?

 

surfaceagentx20 have mentioned that the case number might indicate that this is a case issued either [1] online over the internet or [2] out of Northampton - HOW CAN I FIND THIS OUT? can anyone enlighten further please?

[bobneedhelp]

postggj ..but i have not communicated with them to state that the debt is status barred so does this matter or not? does anyone knows how to work through this area? what else that can be done ...or just wait for their next move and letters coming then ...seek further advice here again ....sigh!

[postggj]

ill try to explain a bit

dca buy debts from creditors in there thousend on a cd.

they contain name ,adress ammount , etc. no agreements.

first thing you need to do is send a cca request to your creditors and dca.

ask also for statement of account. this will show when the last payments were made. tell them you consider the accounts to be statute barred and that the accounts are now in dispute. that goes for any solicitors as well.

send by recorded delievery with a £1 postel order for each one, print your name ,never sign

if you cant find the templates let me know.

 

its down to the creditors/dca to proove the accounts are not statute barred.

from what you have told so far, its looking good

[postggj]

if you contact northampton county court, with your details, they will do a search for you and give you all the info

[postggj]

you say cope solicitors have applied for a ccj

before we jump the gun, have you received a county court claim n1 from the court

what date is the letter from cope solicitors saying they have applied for a ccj

 

can be easy to defend if statute barred

[OLIVE.FAMILY]

Bob believes that any court papers could have been returned to sender by a nephew who was staying whilst Bob was away.

 

That is excellent advice postggj.

 

olives xx

[bobneedhelp]

how do you defend when it is statute barred ...in the first place I need to write to them stating that it is statute barred, don't I? and what do i write in this letter? I really do not know.

 

called Northampton Court - No answer so will keep trying.

 

In the meantime, what else can be done because now I am worried that if there is a CCJ against me for an old debt (might be statute barred?) it will end up with another charging order.

 

Quote

postggj - you mentioned that it can be easily defended if it is statute barred - please can you tell me how to:

 

1. Established that it is Statute Barred when a CCJ has been made against me (I am assuming so since I do not have the letters from court, only letter from Cope's saying so with Claim Number)

2. Is there any letter's/templates which I can use to write to them - Is it ADVISABLE to do so?

 

Olive - hello again and thanks for being here to help and support - I appreciate this very much.

[sequenci]

1. Established that it is Statute Barred when a CCJ has been made against me (I am assuming so since I do not have the letters from court, only letter from Cope's saying so with Claim Number)

2. Is there any letter's/templates which I can use to write to them - Is it ADVISABLE to do so?

 

I wrote something stupid and have just re-read your post. ignore me!

Edited August 20, 2008 by sequenci

[Castlebest]

Hiya Bob, as has already Been said you need to check on the status of the court claim with Northampton to find out whether the CCJ has been issued yet or if you still have time to defend so keep phoning them

 

Again as has already been said by postggj you need to send off a Consumer Credit Act section 77-79 letter, the template is here (letter "N")

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Here's some background on setting aside CCJ's from the National Debtline

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

These situations can be very stressful and confusing, it may pay you to phone up the national debtline and make an appointment to see one of their advisor's (its free) to get face to face advise and help about your problems (the phone number is on the site posted above).

 

pete

[sequenci]

These situations can be very stressful and confusing, it may pay you to phone up the national debtline and make an appointment to see one of their advisor's (its free) to get face to face advise and help about your problems (the phone number is on the site posted above).

 

pete

 

NDL advisors are telephone / e-mail only. They can refer to a local face to face adviser at a CAB with the same training

 

We are, however, on hand to help right here on this very forum. There are a few trained debt advisers who work right here, myself included!

[bobneedhelp]

Hi postggj

The date on the letter is 24/4/08. There is a Claim No. (I should not put it here!) and a debt value as well as Our Client and Copes reference. I have not seen the form from the court - not sure whether it has been resend back by my nephew! But in reality, I can say I am stress but making myself face this - hope you can somewhat understand my situation. Thanks.

 

Pete,

Thanks very much for immediate information to start on - I am reading it and will get this letter to them as suggested. I will also call National Debtline for advise.

Today, I did a brave thing after many years - I went to the court to hand the N244 to get a Charging Order put aside. I am now awaiting a date for this Hearing which is in beginning of September I think. I will need help there on what to say at this hearing AND also learning to deal with this CCJ from another DCA.

Thanks very much all - please bear with me!

 

seqeunci - thanks very much to you too.

 

Do I get in touch with NDL or local CAB now? Do i just tell them my whole story from my divorce, the taking of all the debts, the small agreed repayment, the stress and depression and then the resigning from my job, the stopped payment and correspondence due to this stress and depression from around 99/00, the moving about staying with family, relatives and friends for help and support for a few years, and no contact with DCA until beginning of this year and the CCJ, Charging Order because I was stress, depress and mind was not on contact but to survive -

 

Now having found this CAG site and reading over the last 2 -3 days and nights I am very tired but learning and trying to be brave to fight against this - win or lose! and thanks to you all for helping/guiding me.

 

Frankly, I am shaky all over and sweaty in my hands but I am telling myself to fight on ....so bear with me please, even I might be slow in getting some of these letters out to the DCA's. There are others DCA who have not yet taken any action against me AND do I also write to ALL DCA's who have written to me with the CCA (section 77-79) letter in the first instance????? please advise on this too .....and tell me if I am doing too many things at the same time. I am unsure!!!

 

I feel I am coping a little better and I am not as frighten as before.

 

Hi All,

I have found and read the CCA letter/template and have begun to fill in the details - QUESTION? I have letters from say, Copes and and DCA working together (I think they work for each other) as i can see that they have the same reference but the amount saying how much I owe is NOT the same - Who do I sent this CCA to? - To One or BOTH??

And when I have wrote completed the CCA, can I PM one of you for reflections on what I have written? Is this necessary or not?

 

[postggj]

hi bobneed help

 

first thing is to calm down. when we first joined cag, we were all the same, scared,confused, and full of questions.

 

these things now have set procedures for which people have to reply in a time frame. as soon as they have received your cca request, the accounts are in dispute/put on hold. dont be intimadated by these people

 

back to the matter at hand.

 

if your debts are being done through a dca, send your cca to them.

the remaining debts you are being chased for by the credit companies, send the cca request to them.

 

with ref the ccj, send the request to the dca handling the account, and a copy to the solicitors who said the done the ccj.

 

you need in your request to mention that you need copies of the agreement, statement of account and a copy of the notice of assignment.

 

for good measure send the statute barred letter template also.

 

its up to the dca to confirm its not statute barred.

 

when you have this info back, we can start working on having the ccj set asside.

 

RELAX nearly there, we have all been there

[postggj]

if you want ,post your cca request, use photo bucket its free.

make sure you have deleated your personel info/dca name and account number.

as a norm i advise not to pm

just think, down the line some one will be in the same position as you and the advice given on your thread will be of great benefit. if we start pm, who can double check, thats the great thing about cag, if some one gets it wrong, there is allways some one to correct, we all learn that way

[bobneedhelp]

QUESTION:

1. Do I write the CCA Letter to both DCA and appointed solicitor?

What would the argument be in my favor if there is one? Please help help and advise.

2. DO I also need to send Letter M -Dispute your liability for a debt where a creditor has not contacted you for over six years since the last contact as far as I can remember was in 2000. Because I was moving about staying with family members, relatives and friends for over 2 years or so, they were not able to contact me during this period. And because of my stress and depression during this period, I was not in the position to do anything but to look after myself with help and support.

 

Now, I have put the letters (all the ones I have opened anyway from yesterday in dates order and it was the beginning of the year that these DCA's / appointed solicitors started writing to me. There are a total of 5 DCA/appointed solicitors saying I owe money.

If I am jumping to conclusion and doing things which are not right, PLEASE tell me so - its just that as I read many thoughts come to mind and left questions hence I ask here - hope you can understand!

 

so i send the CCA together with the statute barred template letter in one go to the DCA and Appointed Solicitor, CCA with 1 pounds postal order and statue barred? any fees? and I also asked about letter M? do i need to send that as well? ...big breadth taken ....but thanks

 

postggj

what is a photo bucket? please

[postggj]

hi bob

 

just google photo bucket/its free

just scan your letter into your computer then you can use photo bucket to upload your document onto your thread

[bobneedhelp]

I am not sure whether they are DCA's or what?. I can see some are appointed solicitors like copes solicitors, hamptons legal, hodsons solicitors, and the other letters are red debt collection services, lowell portfolio

i, clarity. this is what is on the letter head.

QUESTION: So I send CCA and Statute Barred Letter together to each one. Where can I get the template for Statute Barred, please? And what is Letter M? Is this relevant?

[postggj]

i know you are confused, thats why we are hear to help

with ref statute barred, send letter m

a lot of what you have put are dca or in solicitors for dca

just send your info to the companies named, like i said any sols are in house dca/same thing

enclose your cca request for each one

costs £1 and use postel order and print, never sign your name

ask for a statement of account and notice of assignment as well

keep copies and allways send by recorded delievery

[bobneedhelp]

postggj - thanks for encouragement and thoughts - I am keeping my head high on this and reminding myself that I can do this despite feeling stress.

I have now done the CCA letter and also the Statute Barred Letter sample which I will send together to each of the DCA as well as to their in-house solicitors - Is this correct?

I will post each of the template letter in the next 2 reply and PLEASE READ and LET ME KNOW if it reads alright and acceptable. Thank You.

 

This is the CCA Letter which I have written - I have change 'I' instead of 'us' because it only relates to me alone. The paragraph in Blue is what I have added as suggested by postggj - is this correct place to insert??

 

 

Address

 

date

 

DCA Name and Address

 

Dear Sir/Madam

 

Re: Your Client – xxxxxxxx.

Account Reference Number – xxxxxxxx

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I would like to ask for a copy of a statement of account and notice of assignment. I consider the accounts to be statute barred and that the accounts are now in dispute.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

Name but No Signature

 

This is the letter for Statute Barred which I will send together with the CCA letter to ALL DCA and appointed solicitor who has written a letter to me - Is this correct? I have change the 'I' to refer me alone. I will await your advise and then get these letters out. The ₤1-00 postal order will be for the CCA letter only. No money to attach to Letter M (Statute Barred) - correct?

 

 

 

[address]

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No xxxxxx

 

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

 

I would point out that under the Limitation Act 1980 Section 5 states that “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

Name but NO Signature

 

postggj - I do not know much of this photobucket although i had a quick look at the site - I will need time to learn and at the moment I am trying to get my act together on this and maybe learn later - thanks alot of directing me to this new learning.

[postggj]

hi bob remember , i was like you once, been there/done that/got the tshirt

 

send these letters and the accounts are on hold/in dispute.

one thing to remember, i know its 12 days to comply but the dca have to go back to the original creditor for the agreements, thats if they have any.

it will take a lot longer than 12 days, during that time they are stuffed.

nice to know what there reply would be to statute barred.

keep your thread updated and

 

CHIN UP

[postggj]

Once They Get These Letters, They Will Prob Phone You,

Dont Ever Talk On The Phone

Refuse To Answer There Security Questions

Its For Your Protection

[bobneedhelp]

ok postggj, will do as advised and not answer phone or talk to them. Sorting letter and will send out to them tomorrow if I can get it done. Thanks. i can send them letters even though One of DCA has taken out a CCJ Claim on me?

[postggj]

the ccj account

what we are trying to find out is

was the ccj unlawfull ie statute barred

if it is ,we can work on getting it set asside

its up to the dca to proove its not statute barred, not you

[postggj]

the dca who had the account that got a ccj.

the dca may try to stall

if i were you, the original creditor who had the account before it was sold to the dca, who then got the ccj, i would do the following

send the original creditor an sar

this will cost £10 and they have forty days to comply.

in it will be all the info they have on you.

what we are after is the last time there was activity on the account, its worth its wait in gold.

 

you will find the sar templates in the templates section

 

if you need any help, shout