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

[bobneedhelp]

postggj, Do i write to the registry trust ?- what information do i give them and how much do I have to pay?

 

ok i found the site on registry trust - will read and learn - thanks.

 

it will cost 8 pounds to do search ..

 

thanks for the information and help ... I am now afraid to see what has been kept on me ...for all these years ...

[postggj]

just bite the bullet

better out in the open

you can deal with it now and you will feel much better,

that i can assure you

[bobneedhelp]

yea you are right there postggj ... I will bite the bullet ..although even on typing so ...my hands is wet and shaky ....big deep breadth ....thanks for support and confidence given ...on saying this ....I have but read the Registry Trust Site ...I have not pay to get the details ...is it the same for the Registry Trust or the Credit file? either one right?

 

Postggj

I received a letter from a DCA content reads:

 

Quote

'We write in respect of the above and your correspondence dated xxxx.

 

We have noted the contents of your letter and can advise you that we are already in receipt of your request under the Consumer Credit Act received in out offices on the (date). Please find enclosed the £1.00 Postal Order enclosed in your correspondence.

 

May we take this opportunity to advise you that under the terms set out by the Consumer Credit Act, a creditor has an initial twelve days to provide documentation requested. After this initial period they have a further thirty days to provide this documentation giving a total of forty two days to provide the agreement before the debt becomes unenforceable.

 

We trust this letter clarifies the current situation and will contact you in due course regarding the request.

 

Yours sincerely

 

xxxxxx

 

This DCA said that they have another 30 days to provide information? Is this correct? and What do I do now with the above letter?

 

The returned Postal Order I am assuming has been sent back to me BECAUSE I have sent it to the same (In-House Solicitor etc) - What do I do now with this Postal Order? - the names of the DCA has been written on them and it's crossed. Can I get my money back from the post office?

 

Please advise on this. Thanks.

 

postggj

Received yet another letter from another DCA which reads:

Can I put the names of the DCA and their solicitors here?

 

Quote

Ref : xxxxx

dates 27 August

 

We are writing to inform you that we have forwarded your letter and cheque directly yo our client (xxxxxxx).

 

Our client should contact you directly with regards to this matter.

 

Yours sincerely

 

signed

 

(solicitors)

 

I had a couple of postal orders (2) returned to me - which i assume is that it went to the same dept,i.e. DCA, their solicitors and the previous DCA which sold to this new one ...the postal order has been written with the DCA's name and CROSSED - CAN I go to the post office and get my money back? or I have lost it? Also, how do i check if the other postal orders has been cashed?

 

Received another reply from DCA - Lowell Financial, original creditor from barclaycard (not sure when I had this card) says;

 

Quote

We are in receipt of your request for a copy of your credit agreement in accordance with Section 78(1) of the Consumer Credit Act 1974.

 

While we endeavour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

 

We will advise you further if this will take longer than the prescribed period.

 

If you have any queries regarding the above, please contact us on xxxxxx

 

Yours sincerely

 

Vague signature signed and title

 

What do I do now? Can they take longer to give me this information? If it takes longer then what happens? Do I call them?

PLEASE HELP AND ADVISE. THANKS.

[postggj]

hi bob

 

dont worry about this

like i said, the dca have to go back to the original creditor for the agreements ( thats if they have any)

 

you can now sit back and relax

the debts are now in dispute and the dca cant do a thing untill you receive any agreements.

some people i have known wait for months

when you have replies come back to your thread for advice, dca are full of tricks and we can put them straight.

 

with ref the ccj

 

you can get it from the reg trust for £8

or from your credit file for full details

 

from now on , no calls to the dca or if they phone, refuse to answer there security questions,

tell them, every thing in writing

[OLIVE.FAMILY]

Hi Bob. I found this thread over in Debt Collection Industry. It may giv eyou a bit of a giggle and show you some of the tricks DCA will use if they call. Enjoy

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html

 

olives xx

[bobneedhelp]

postggj thanks for advise and will now wait for their replies ...and will immediately post here as soon as replies comes in ... and we can then decide what and how to respond to these dca's ... btw, i have received the adjournment for the Charging Order from another dca to be held in october -so the set aside hearing first and then the Charging Order.

 

thanks Olive ..now into site and reading ..every bits of information's will help

 

yes read the thread about calls to dca ...do not think I am ready for this yet but maybe one day thanks

[postggj]

now the account are in dispute the dca cant do anything untill they comply with you cca request, that includes any charging order

as the debts are statute barred, we will concentrate on getting the ccj set asside first

dca do play dirty tricks sometimes, but we are ready for them now

 

the ccj needs setting asside quickly, the dca has a lot of power having that

but no matter what they try to do, we will object untill they comply that they have the right to collect on these accounts

 

like i said

 

its a waiting game now

[bobneedhelp]

postggj

to get the ccj set aside what do i need to do; what letter do i write; and how do i write this letter? I need some help and direction here please.

 

Hello postggj

I have checked. There is a County Court Judgement registered against me as of 14 April 2008. Case Number (do I put it here?) or PM you with the case number - please advise! - postggj

 

 

 

postggj,

I do not know which DCA has registered the CCJ against me. I have wrote back to the court requesting for this information, and hopefully they can tell me. NOW? What do i write on the N244? I NEED LOTS OF HELP HERE, PLEASE and I hope you can help me here postggj.

 

postggj,

i PM you just in case. Can I just add on that I had a charging order from another dca on my other thread and surfaceagentx20 has helped me with the N244 application and now the court has adjourned the hearing. I am not sure if this is the same or different from a CCJ. PLEASE ADVISE on the next thing i need to do ...thanks ...and thanks.

[postggj]

hi bob

with ref the ccj

we need to confirm by statements etc that the debt was statute barred when the ccj was issued

these we will get from your sar

[bobneedhelp]

hello postggj

How do I confirm by statements etc. that the debt was status barred when the ccj was issued? Should someone (like the dca) write to me or is there somewhere I can find this out?

 

I have written the Consumer Credit Act and Status Barred Letter's to the dca's and their in-house solicitors together with the £1 postal order but NOT the S.A.R. (Subject Access Request).

Question: Do I now need to write the S.A.R. letters to all the dca's or only the dca who have registered the ccj against me? or does the CCA/Status Barred letter is already sufficient?

Unsure and In Need of Help. Thanks.

 

hI,

I have just today received a letter from a dca, CLARITY stating that:

 

Our ref: xxx

Client: Cabot

Account: xxx

 

Thank you for your letters dated xxxx and for the letters addressed adressed to our acting solicitors (xxxx) also dated (xxxx).

 

This particular account is no longer being managed by Clarity and was returned to our client on (date). Please contact Cabot for the information required.

 

We therefore return your two 1 pound postal orders.

 

signed and name

 

Question: So now what do i do - since both clarity/hodsons says they no longer managed the account and that I should write to cabot (I DO NOT HAVE CABOT CONTACT??) anyone knows??? and What do I do with the RETURNED Postal Orders (it has already been written with the dca's/solicitors name on it and crossed!!)?

 

the dca's is NOT acknowledging my letters and returning the letters together with the postal orders saying that they do not manage the account and I need to write to the client - cabot financial for the information.

Do I write to cabot with CCA and Statute Barred lettes again?

HELP HELP ...

 

Gosh! & Gosh! I am getting confused with these letters coming - I have 2 dca's now returning (2 each) of the £1 postal order - ARE THEY PASSING THE BUG ?? or What?/

What do i do now please ...

 

I am preparing same letters to write to Cabot with the letter CCA and Status Barred to Cabot? and await your advice if I should send this letter out?

PLEASE ADVICE.

 

Question: Has anyone got the address for Cabot Financial (Europe) Ltd. I have got letters from clarity and their solicitors and they have returned all postal orders saying they no longer managed account that account has been returned to client (cabot) on 31 May and that I need to write to Cabot. DESPERATE for ADVICE ...someone ...please.

 

Whilst I was reading the other thread I came across this CPR letter - now that I have written the CCA and Status Barred letter's, do i need to write this one too? It seems appropriate since some of the dca's have replied and returned my postal order and saying I have to write to their client? which i do not have their contact details???? Please advice.

 

Quote

In the XXXXXXXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER PART 18 CPR

 

I have received a recent court claim from your organisation. In order to file a defence and any counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an application will be made for an Order enforcing your compliance under the provisions of the CPR

 

If it becomes necessary to make an application for an order forcing your compliance I shall ask the court to consider my costs as well

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[postggj]

hi bob

 

no wonder you are confused

its common practice now for a dca, who owns an account, to pass it to more dca for collection on a commission basis

 

it seems cabot are the creditor, so send the cca to them

i repeat, any debts a dca are handling, thats who you send the cca to.

 

ill move on to the ccj

 

as you allready have a ccj, the cpr request is defunked

you only use that after a claim has been issued

to confirm the debt was statute barred when the ccj was awarded we need to do the following

 

send the sar direct to the original creditor, example barclaycard, mint, etc

 

on return you will have all statements, agreements, etc

we can then confirm when you last made a payment or acknowledged this account. we can then move on

 

befor you got the ccj on this account was it passed to a dca and did you make any payments to them.

ime getting a bit confused so bare with me as you have cca a few dca, dont want to confuse over the ccj account.

 

click the link below for cabot details

 

Cabot Financial: Contact details

[bobneedhelp]

sorry for all these posting ...my head is doing me in ..so I am going to have a break and rest for a bit ...will be back later ..thanks all for the time and support

 

Postggj thanks for the reply ...I could not really rest so I am back ..sigh ..and deep deep breadth ...and thanks alot for setting me straight.

 

Quote

send the S.A.R - (Subject Access Request) direct to the original creditor, example barclaycard, mint, etc

 

on return you will have all statements, agreements, etc

we can then confirm when you last made a payment or acknowledged this account. we can then move on

 

befor you got the ccj on this account was it passed to a dca and did you make any payments to them.

 

OK, get me head straight!!

 

I am dealing with 4 dca's at the moment ( as far as the letters which i opened after coming to this CAG) phew!

 

No.1 Had Interim charging order and I had helped to complete N244, sent to court and now case adjourned to oct 27 for set aside hearing and then hear the charging order - this is being done and will await reply (if any) and surfaceagentx20 has helped me through the entire process.

 

No. 2 arrow global/copes/transcom all have written with same account ref. So i assume all as one - this one has registered a ccj (got claim number and this is at the Northampton CCBC) and i need to apply to get it set aside - I do not know how to do this and what to write or whether i need to also write to the original debtor which I read from the letters as alliance&leicester - what are the letters to write etc?

 

No.3 - sent cca and status barred letter to dca but they replied and returned postal orders to say that they no longer manage account and ask me to contact cabot for the imformation required. Now, I THINK I need to write the cca and status barred letter again to cabot. Am I right to think so?

 

No.4 - dca replied and stated that they are in receipt of a request for a copy of my credit agreement in accordance to the cca 1974 and they said it might take longer than prescribed. This I assume I will have to wait and see what their replies are. Am I right to assume so?

 

These are the 4 dca's I am having to learn to deal with - thanks. Anything else that I miss and need to share here in order to get the correct help - please tell me.

 

as far as i can remember i have not made any payment to any dca's since 2001 or thereabout ( I was ill with stress and depression and had to resigned from work and keeping alive was the main thing on my mind - very hard times then moving about staying with friends/family for support and help) and still get help and support .

 

these debt's I do not even know who i owe this to or how much since it was so long ago. and the original debtor ..i do not even know or remember so what do i do?

 

The SAR letter - do I need to pay a fee? in postal order too. also I need to send letter for CCA and Status Barred together like i did before

[postggj]

hi bob

 

sar costs £10

use postel order

 

put statute barred and cca request in same envelope

remember cca £1 again postel order

 

send by recorded/special delievery

[bobneedhelp]

The S.A.R., cca and status barred letter to be sent to this cabot, following the dca who said they do not manage the account and asked me to send request to cabot. CORRECT?

 

also, the dca (copes) who has a registered ccj against me through their client arrow global ltd. - I have sent the cca/status barred to copes & cbs trascom BUT have not heard from them yet. Copes/CBSTranscom are the ones writting to me with the information that a ccj has been made against me, with arrowglobal g as their client.

I have wrote to copes/transcom with cca/status barred but not to Arrow global and alliance & leicester. Which one do i write to now and what letters? SAR, cca and status barred? For this one, do i need to put in a N244 to set aside judgement for the ccj until i get the information/s requested.

 

Still unsure and trying to get my head round it ....I know I am slow at this ....please be patient with me ...thanks

 

Quote

No. 2 arrow global/copes/transcom all have written with same account ref. So i assume all as one - this one has registered a ccj (got claim number and this is at the Northampton CCBC) and i need to apply to get it set aside - I do not know how to do this and what to write or whether i need to also write to the original debtor which I read from the letters as alliance&leicester - what are the letters to write etc?

 

Question: How do i fill out the N244 to try to get the CCJ to be set aside? any idea postggj?

 

I have sent cca and status barred letter to copes (solicitors acting for Arrow Global) and Transcom (also acting for Arrow Global) already but they have not replied me as yet. Do i just wait now for the 12 days to run out (which is around 10 Sept) and do they have another 30 days as stated on top of the 12 days to send me these information's?

 

Unclear again ...and thanks for continuing to remind me ....

 

I will get SAR letter and post here to confirm that I am doing it right when I find the letter to follow.

 

postggj,

sorry to trouble you again ..where can I find a template for S.A.R. to write to the OC (who I do not really know! - is it Arrow Global who have bought the debt I think over from Alliance lleicester or AL themselves.

 

I wrote previously to all the letters (dca's and their appointed solicitors) with the £1 postal order and they have returned them back to me (I am not sure whether the other postal orders has been cashed/banked and I do not know what to do with these returned postal orders - can I go to the post office and get my money back ?

 

I would like to be clear about the S.A.R. letter that i am sending correct as it is going to cost me a lot of money - sorry for being a pain as I am not as well off as you can gather.

 

do i put in the SAR, cca and status barred letter stating that " I do not acknowledge any debt from dca ...where do i put this if necessary? - please help here.

 

bump ...I am stuck ...and in need of some directions ..or help please ...sorry to be long winded ...

 

Written draft CCA letter - is this alright or have i miss anything - help please!

 

Quote

Address xxxxxx

 

date xxxxx

DCA address ...xxx

Dear Sir/Madam

 

Re: Account Reference xxxxxxxx

 

Your agent (xxxxx) and their acting solicitors have advised me to write to you as they have returned the account to you on (date xxxxx). You have contacted me through your agent regarding the account with the above reference number, which you claim is owed by me.

 

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 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

 

Printed name and not signed

 

Written Status Barred Letter - is this correct or anything to add on ..please help.

 

Quote

Address xxxxxxx

Date xxxxxxxx

 

DCA address xxxxxxxx

 

Dear Sir/Madam

 

Re: Account Reference Number: xxxxxxxxx

 

Your agent (name xxx) and their acting solicitors have advised me to write to you as they have returned the account to you on (date xxxx). You have contacted me through your agent 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

 

 

Printed Name Only (Do Not Sign)

 

I need to write S.A.R. (Subject Access Request) letter. This letter is to goto the OC (Original Creditor) (name dca) who have bought the debt from loan company. Do i write to arrow or loan company or both with the S.A.R - (Subject Access Request) letter? I DO NOT KNOW how and what to write - anyone can help please.

 

I also need help to complete the N244 to get the CCJ set aside for a dca - anyone can help me complete this form and to check with me the content so it is correct and appropriate.

 

Thank you all - I am trying very hard to get my head together and cope with your suggestions and help - PLEASE bear with me and I will catch up soon . ... with lots of help though needed....

[surfaceagentx20]

Bob, You're spinning around and losing sight of the objective. Just chill out!

 

Right, even though you've been seeking information about the credit agreement which has given rise to a variety of debts, the important debts for now are those which have been converted into County Court Judgments (CCJs).

 

We know of one CCJ for sure. May be there are others.

 

First Judgment: Lowells

The first is the CCJ which I dealt with on your first thread started on CAG, concerning Lowell's judgment and which resulted in a charging order. That judgment is not for as much as £10,000.00, so the judgment you refer to in post no1 relates to something else.

 

Second Judgment: Copes

Copes only say they are applying for a CCJ. What was the date of the letter from Copes?

 

Also, do Copes give you a court name and case number for the matter in which they are applying for a CCJ? If yes to both, just tell me the court name.

 

Third judgment: 14 April 2008

At post no79 you refer to a CCJ dated 14 April 2008. Was that the only judgment revealed on your search of Registry Trust? If so, tell me the case number. It may be the case number for the application you made to set aside Lowell's judgment, in which case everything that could be done on that job has already been done and what's more Copes didn't get a CCJ after all.

 

If this information was obtained from somewhere other than Registry Trust, where did you get it from and do you know the court name and case number? If yes to both, just tell me the court name.

 

Other Judgments

If there were further judgments revealed off of your Registry Trust search, for the moment, just tell me the date of each judgment.

 

If you haven't got the results back off your Registry Trust search, tell me that as well, but please get on with the search ASAP.

 

Once I have this information, we can deal with the N244s. You've already used the N244 process to apply to set aside the judgment involving Lowell. The procedure for any other judgments will be just the same. It will be simple to follow and better still, you're going to be a celebtrity down at the local courthouse.

 

So maintain your cool and get back to me when you have answers to these questions.

 

x20

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html This can be amended to suit

 

saint

[bobneedhelp]

hello x20 and thanks.

I am trying to keep cool since this started some two weeks ago. I felt good outside but my mind and thoughts is not doing as told so I am feeling rather stress but still wanting to fight on if you know what I mean...anyway here is my reply to your questions:

 

Quote

First Judgment: Lowells

The first is the CCJ which I dealt with on your first thread started on CAG, concerning Lowell's judgment and which resulted in a charging order. That judgment is not for as much as £10,000.00, so the judgment you refer to in post no1 relates to something else.

This one is sorted with all your help and guidance in preparing the N244 and now case adjourned to end Oct for set aside and CO after. I will post in other thread as soon as i have replies.

 

Quote

Second Judgment: Copes

Copes only say they are applying for a CCJ. What was the date of the letter from Copes? Also, do Copes give you a court name and case number for the matter in which they are applying for a CCJ? If yes to both, just tell me the court name.

Yes to both - Court name Northampton CCBC and got case number and date of ccj date, claimant name

 

Quote

Third judgment: 14 April 2008

At post no79 you refer to a CCJ dated 14 April 2008. Was that the only judgment revealed on your search of Registry Trust? If so, tell me the case number. It may be the case number for the application you made to set aside Lowell's judgment, in which case everything that could be done on that job has already been done and what's more Copes didn't get a CCJ after all.

I got information by writing to Northampton CCBC. Second and third judgement are the same i.e. copes solicitors acting for claimant - arrowglobal. I have written CCA and Status Barred Letter to copes/transcom but not arrowglobal since transcom in their letters says that they are acting on arrowglobal behalf - was

 

Quote

If this information was obtained from somewhere other than Registry Trust, where did you get it from and do you know the court name and case number? If yes to both, just tell me the court name.

I only e-mail to Northampton CCBC and did not get the information from the Registry Trust. I did not do because I need to pay online and I cannot. Now I will find someone who can pay for me if I need to at least know everything I can on any other ccj's against me (if any). I will contact Registry Trust and get the informations asap and will tell you immediately.

 

Quote

Once I have this information, we can deal with the N244s. You've already used the N244 process to apply to set aside the judgment involving Lowell. The procedure for any other judgments will be just the same. It will be simple to follow and better still, you're going to be a celebtrity down at the local courthouse.

I am not sure I will be a celebrity ...my hands are shaking and sweating, mind is floating here and there but reminding myself to stay strong and focus and deal with these dca's. Whatever comes of it, I hope to be ME again and be stronger once more - it's been long overdue with my stress/depression. I like to get to the bottom of this one day soo

 

This is NEW:

Today I received another letter from mackenzie hall offering me "Reduce Settlement Offer" ..to be paid by next week ..this was a claimed debt from lowell financial? lowell portfolio1?/red debt/hamptons legal.

I wrote CCA and Status Barred letter to lowell and hamptons legal with £1 postal order AND red debt have written back and RETURNED the 2 postal orders - What do I do now? And I will post the content of this letter in next reply (without names) so you can see and advise what to do next?

 

Thanks

bob

 

letter from mackenziehall

Reduce Settlement Offer

Despite repeated requests for payment by our client, the above account remains unpaid. Our client are unaware of any legitimate reason for non-payment. However, they are willing to accept a reduced settlement figure in order to draw the matter to a close.

Our offer of full and final settlement: xxxxx

To be paid no later than noon: date xxxxx

Payment can be made ....our client would prefer an amicable settlement, however, should settlement amount not be paid by the specific date, they will not hesitate to take such further action as may be appropriate.....

computer printed name

 

This letter and new name of dca just appears! Can they keep passing on my details just to make money? gosh!! How should i respond to this letter if at all since I have written the CCA and Status Barred letter to lowell /red debt and hamptons legal. They replied and returned 2 postal order and kept 1 of them. Does this mean they now have to provide me with the informations in 12 and 30 days = 42 days since they kept 1 of the postal order. Is this 42 consequetive days upon them signing and in receipt of the letters?

 

ok I have now looked at 3 dca's - now to the final one so far as I know.

 

dca is clarity and their appointed solicitors - wrote CCA and Status Barred letter both with £1.00 postal order and they returned both postal orders saying not that they no longer manage the account and that i should write to OC (i believe this dca bought the debt over from I am not sure who and when.

Today, I wrote again the CCA and Status Barred letter to the OC as give my clarity with the £1.00 postal order sent by 1st Class Recorded/Signed For Mail.

 

phew ..... I hope I have not miss out anything ....please tell me if i did ...many thanks

 

Do I now need to apply to get the ccj set aside ?

Do i also need to write to the Claimant arrowglobal with the CCA/Status Barred and S.A.R. As said, I have already written to copes (acting for arrow) and cbs transcom who says they are acting for arrow too. Tell me on next move.

 

saintly1

Thanks for visiting and directing me with the S.A.R. letter template.

 

I am very tired and will close my eyes and get some rest. Some friends is coming tomorrow to take me to their house for the weekend to have a break/go for a change of environment. So, I might not be able to get online but I will try to log on if possible. Otherwise I will be back after the weekend. Sorry if I do not reply if you have given me guidance/advise.

 

had some rest, came in to see what advise given and action I could take ...nothing as yet ...and it's alright coz I know you are all busy people too ...giving some of your free time to help me and others ....thank you all again for being here ...and helping me to go through this ...I will gain strength as the days go by with all your support ...thanks

[bobneedhelp]

Hello x20 ... I am home. Opened letters and one was from Northampton CCBC with an enclosed N244 for me to complete if i wanted to apply to get the CCJ set aside - please help as to what I should be putting in the application - especially for part c.

The papers from the court shows what I owe, when judgement was made and what additional money was added (court fees and solicitors cost) all in all this is over 10K ...gosh ..how did this sum became so much ...bump!

 

what is this S.A.R. letter? I have written CCA and Status barred letter to copes/transcom but to date I have not had a reply - the 12 days ends i think in sept 10 or thereabout? and they have another 30 days after this? to respond to me? and this date is around october 10? what do I do if i hear nothing?

[tinkerbell20]

subscribing

[bobneedhelp]

hi tinkerbel ...what do you mean by subscribing ...

[Multay]

Hi,

 

It just means that tinker will get an e-mail when there is a new post on the thread - That way he/she can keep an eye on you...

 

Sorry to hear you having so many problems but I'm sure X20 will help you sort them out...Good luck with everything..M

[bobneedhelp]

hello Multay ..many thank for the information ..now i get it . .thanks very much for that ... it was coming to CAG about 2/3 weeks ago ..that I found courage and with x20 help ..to put in n244 to set asdie a CH (case now adjourned to 27 oct) and now this one ...there are a few others but will deal with those as they come.

I am learning as fast as I can although not as easily said but I am endeavouring ...and keeping my head above water.

much appreciation for visiting and explaining

 

hello x20, in addition to applying n244 to set aside ccj, i was reading thread about this CPR, is this important to be sent as well or the CCA/Status Barred sent is sufficient?

The more I am reading ..the more I am forgetting and over thinking ...not sure this is good or less so ....bump!

[Multay]

You're doing great...Just try to stay calm and don't worry so much...We all support you and will offer any help we can...

I'm sure X20 will be along soon to help some more...If you feel you need help before then you can click on the red triangle and a member of the site team will have a look at things for you...

 

Hope you win matey...

[surfaceagentx20]

Bob,

 

I'll be with you as soon as I can. I've a number of cases running simultaneously on this site where I'm tryingi to help people. I have already supplied you with a Form N244 for the purpose of applying to set aside a judgment (your Charging Order thread). The grounds for setting aside judgment outlined in the N244 you already have will be similar if not identical in the recent spate of CCJs you've discovered.

 

All you will need to do is modify the N44 I supplied to you by altering the court name, case number and Claimant plus dates and figures to suit the needs fo each particular case. I suggest you have a go at adapting the N244 I supplied to you to suit each fresh application to set aside you intend to make.

 

Once you have done this, before issuing the applications, post your proposed text to this thread. I or someone else will then be able to check it over for you before you issue it.

 

If this should prove impossible for you, then you're going to have to wait a little longer for me. Besides dealing with other cases on this site I also have a job to do which pays the bills. I am sure you will understand the limitations on my time and how it would be good for you to try your hand at these tasks, the better to improve your skill and understanding of the court process. Have a go and see what you come up with.

 

x20

[bobneedhelp]

x20 and all ..

.Please advice

- I have prepared the N244

- any additional things I could have put in.

 

I have written the CCA/Status Barred letter to dca/solicitors but not Claimant since dca in their letter says that they are acting as agent for collection of debt.

Solicitors are acting for Claimant.

 

My brief history,

loans/cc's taken around 89/91,

defaulted in 92 or so .

.following my divorce.

 

I took over all debt to ease ex-wife who wanted custody of children (decided not fight over because I know it will be bad for our children, moved out, gave her the house and took over all debt).

 

Defaulted after divorce in 92/93 and agreed payment and paid until 2000/2001 or around there

- not too sure of dates now!)

 

I suffered stress and depression from work stress from around 98 onwards, went off sick for a long time ( can get doctor for evidence i think) and finally had to resigned from work around 2001/02.

 

Since then family, relatives and friends have helped in many ways and I moved around many places staying over for support and help whilst maintaining contact with my children and keeping a strong face for them.

 

The family also took me home/travel on many occassions (month or two at a time - have passport to show if necessary - was reminded of this!!! so I can have a change (well, I just followed and did what was asked of me and I think the change did help in some ways).

 

In moving and travelling about to survive, well

...letters were ignored and stress/depression did not help in the matter amongst other things

 

. Family, relatives helped out with finances etc to see me through.

 

My kids are 16 and 19 and very supportive towards me (i think they know what I am going through and all).

I am building courage to talk to them about this ..not sure yet ...

 

So now here I am having to be strong and work through this again

...extremely hard and humbling I must say but support here has been more than I could ever ask for ..

..so thanks vey much.

 

Here is my n244 - please read and advise ...thanks.

 

Quote

Right Box

In the Northampton County Court Bulk Centre

Claim No: xxxxx

Warrant No (Leave Blank)

Claimant: dca ref: xxxxx

Defendant: my name

Date: today’s date

 

Left Box

You should provide this information for listing the application

1. How do you wish to have your application dealt with ANSWER: a) At a hearing

2. Give an estimate time for the hearing/conference ANSWER: 10 Mins

3. is this agreed by all parties: ANSWER: NO

4. Give dates of any trial period or fixed date trial:

ANSWER: Court name, date, and time at the other court for set aside hearing

5. Level of Judge ANSWER: District Judge

6. Parties to be served ANSWER: Claimant

 

Part A

I (my name) the Defendant

Intend to apply for an order that

The default judgement obtained by the Claimant in this case be set aside because

I have a real prospect of successfully defending the claim and there is a good reason why such judgement should be set aside.

 

Part B

I wish to rely on (evidence in Part C overleaf in support of my application) (TICK BOX)

Signed (my signature)

Position Held (LEAVE BLANK)

 

Put my name, address and postcode in BOX

 

The court office at Northampton County Court Bulk Centre, 4th Floor, St Katherine’s House, St Katherine’s Street, Northampton, NN1 2LH

 

Part C

I wish to rely on the following evidence in support of this application:

 

I am the Defendant in this case.

 

I very recently received a notice through the post saying that a County Court Judgement has been registered and that steps were being taken to secure judgement on my home. I am not familiar with legal procedure in England and did not know what to do until I took some advice. This application has been prepared by someone who was able to give me advice about what I should do.

 

I was advised that I may have some important papers concerning this case at home and which I should search for. I had not been aware that proceedings in this matter had started until I received notice of the Default judgment.

 

In the Claim Form the Claimant claims to be entitled to the sum of – (put amount here). The claim has the appearance of being a claim for interest at a rate of 8% per annum during the 27 10 06 until 17 04 08. The Claim Form does not set out any basis whatsoever for alleging a right to be paid interest at such a rate over such a period.

 

The Claim Form also appears to include a claim for statutory interests of ₤0.00 and continuing statutory interest at a daily rate of ₤0.00 until judgement or sooner payment.

 

Thirdly, the Claim Form also appears to identify an agreement by reference to a series of numbers only some of which numbers may or may not be intended to identify a date. The Claim Form does not allege that in relation to this agreement, either, (1) I was a party to the agreement or (2) the Claimant was a party to the agreement. Neither does the Claim Form explain (if alleged) that the agreement is an agreement under which the Claimant has a right to recover money from me and if so what that right might be. I am advised and believed that the Claim Form is devoid of any relevant particulars which it would be necessary for the Claimant to prove and if proven, would establish that the Claimant has a right in law to be paid the sum of over (put amount here) by me.

 

I deny having ever entered into an agreement with the Claimant. I deny that I was at the date of the commencement of these proceedings indebted to the Claimant in the sum of (put amount here).

 

For the reasons set out above I believe that if the judgement against me was set aside that I would have a real and substantial prospect of successfully defending the entire claim.

 

I regret that I did not deal with the Claim Form when it arrived. I did not open the envelope and I did not know the envelop it came in would contain the Claim Form. I seek to be excused for my failure to deal with the Claim Form. I believe I have dealt with this matter promptly so soon after learning of the judgement and after taking advice.

 

In the circumstances I seek an order directing that the judgement in this case be set aside, that I be given permission to defend this case and that there be all such further or other consequential directions as necessary.

 

Statement of Truth

Signed and Dated

 

DO I need to write to the court to inform them that I have written the CCA and Status Barred letter requesting for information and to let them know that to date I have not receive any replies from them?

 

Question: do i need to sent the CPR letter too to copes/transcom/lowell? been reading thread and saw this CPR and thought it might be important to write.

No replies from copes/transcom (agent for arrowglobal) from the cca/status barred letter sent (will be 12 working days end Sept 9/10) and they have defauted (BUT how do i know if they have received my letters?) and now wait for another 30 days?

 

x 20 ..ok thank you ..will make attempt to do the N244 and post the propose text here for advice.

Edited September 9, 2008 by bobneedhelp
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