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

[postggj]

where i am going with this is if we can show the ccj is unlawful due to being statute barred, we can get it set asside, meaning no ccj.

great you think, but even better, we can get rid of the charging order

Edited August 20, 2008 by postggj

[bobneedhelp]

I found a name - Alliance & Leicester - I think is the original creditor - this old loan was taken out in the early 90' or there about I am unsure - do i write a S.A.R. to Alliance?

[bobneedhelp]

I do not have the letter template for SAR? postggj where can i locate one fast?

[Castlebest]

Hiya bob don't worry about the SAR for the time being, just concentrate on the CCA section 78 letter.

 

From what you have said it stands a very good chance they will fail to provide what is required and if thats the case the SAR becomes academic.... the whole debt will be statute barred so it wont matter whats included within it.

 

If they do provide the necessary documents then we can look at an SAR

 

pete

[bobneedhelp]

ok pete and postggj - i have done all the letters to every single DCA, appointed solicitors who have written to me even though there are from the same debt reference. So, 1 copy of CCA (Letter N) and 1 copy of Statute Barred (letter M)

Question: Do I send it together (CCA & SB) ) ONE ENVELOP or under 2 separate envelop for each one?

I will send it by recorded delivery and enclose the 1 pound postal order for the CCA - correct?

[postggj]

just put the cca request, letter n and statute barred letter m togeather and send to each dca

thats 2 templates for each dca in one envelope and a £1 postel order for each dca. and allways keep copies

Edited August 21, 2008 by postggj

[bobneedhelp]

postggj - thanks for reconfirming - it is always good to make sure and it helps me out alot. I will go out to buy postal order in £1 ...do I write anything on postal order at all? I have never send any postal order before.

[bobneedhelp]

DO I hand write the names of the DCA or appointed solicitors on the postal order? Is this alright to do so? UNSURE and NEED ADVISE PLEASE - I like to go out this afternoon and post these letters if possible.

 

And Do I need to take a photocopy of these postal order too?

[postggj]

i allways photo copy every thing

just make the postel orders payable to the dca,s

the post office will now print the names of the dca,s on the postel orders

[bobneedhelp]

postggj - thanks - but they have not printed names. Anyway, i will print their names on it and crossed it too. Will get it out tomorrow. I feel in some ways happy and glad but in other ways ...very tire and mind's uncertainty ..anyway, I have done alot with all your help and support ..and i will follow it through ... and stay focus

[postggj]

like i said any problems , give a bell

you now have an army of helpers behind you

keep your thread updated on all developments

 

good luck

[bobneedhelp]

yes I will as soon as I receive any replies from any of the DCA's or their appointed solocitors ..I will need more advise and help then ...

[bobneedhelp]

ok have put letters M (Statute Barred) & N (Consumer Credit Act) together in one envelop with the £1 postal order (written) - Sending it out tomorrow by First Class (Signed For/Recorded) Delivery. Is this alright? as I have a total of 10 of these letters to be sent out.

Question: Is the 12 days on receipt of the letter? which will be coming Monday/Tuesday before they receive it. 12 days from Monday/Tuesday will be 8/9 September.

Question: What do I do if I do not hear from them after the 9 Sept?

 

 

[postggj]

once these letters have been sent the account is in dispute until they reply. they will say that they have gone back to the original creditor for a copy of the agreements. dont hold your breath, will take time,

no agreement, no debt.

its now a waiting game

[bobneedhelp]

ok thanks post ggj

big breadth .... I have slept for a good number of hours for the weekend ..for the first time .. I am able to walk alone and think a little straighter ....mostly being a little happier ..thanks ...it is now a waiting game ....and how would I know if they have taken the postal order and put that into their account? Is there a way to find out? please .

[postggj]

some dca try a variety of tricks.

you may get your postel order back.

they will say as they are not the creditor they dont have your agreement only rights to collect. this is crap. if they do let us know and we can send a response.

this does not happen much any more as people are wise to it.

once you have confirmation of receipt from royal mail track and trace, thats it.

you will get a letter back from them saying they have gone back to the original creditor for a copy of the agreement and the account is on hold.

 

if you dont receive any thing it will be easy for me to check if the postel order has been cashed. ill give you the number to phone

[bobneedhelp]

ok i do not know any of the DCA tricks - thanks for letting me know postggj.

I will wait and if I receive any replies, i will let you know and please advise me what to do next - I hope all goes well. Thanks for all the support.

[Castlebest]

Good luck Bob we are all here to help and support each other well done on the steps you have taken so far

 

pete

[bobneedhelp]

Thanks Pete I am very amazed that i have finally opened those letter and even more amazed that i have acted on this now - it has been a long time since i suffered from stress and depression and still do suffers now although I am better. Thanks to all your support and help especially to postggj who have guided me to the forms etc.

last week I was at a lost - this week I am hopeful

[bobneedhelp]

I am going out for a walk now and have some fresh air and just walk and walk - I will be back later THANKS.

[postggj]

hi bob

thanks for that

before i found cag, i was the same, head in the sand, scared and confused.

twelve months ago i had 2 ccj and five defaults.

even though it was through id fraud and being ripped off by companies,.

today i have no ccj and no defaults thanks to cag.

 

things take time and a lot of letter writing. you just dont take no for an answer and find there weakness in procedure and use it to your advantage.

 

 

 

remember

 

knowledge is power

knowledge is power

[bobneedhelp]

yes and thank you portggj and everyone...I have read alot and hope my case will be as favorable as many including yourselves. The letter M & N will have arrived to them by now so I just wait for their reply. And as soon as i have received anything I will post it here and will await all your guidances and support. My appreciation to you all goes far beyond words. So, thanks again for the time and patience in helping me.

 

I am also dealing with another issue with the help of the CAG - a Charging Order but last week I have put in the Application Notice and the court have adjourned the hearing to 2 months time and will listen to the Set Aside first. Phew ..this I was told was good news. I could not have imagine doing all this without the CAG and even now ..this is all beyond me ...my learning and understanding is not as fast as I can comprehend ....but i am trying hard everyday to improve a little, bits by bits.

[bobneedhelp]

I did mentioned that one of the DCA has put a CCJ against me (and I not sure when and if they have)- now that I have written to them (Letter M & N) Do I not need to to anything on the CCJ? or I need to? As said I am unsure where the CCJ is issued? Northampton I was told. DO i Still need to call them or write to them with the N244? UNSURE and NEED ADVISE please ...

[postggj]

hi bob

 

if you want a quick response to the info on the ccj,

contact the registry trust

they keep details on file or it may have details of the court etc on your cra file.

that will list the court.

contact the court and they will prob do a search for you.

as its public information , the data protection act does not apply

[postggj]

Searching the Registers

 

hear is the link

 

ime afraid it will cost £8

 

try your credit file for the info