1Credit and the LOP letter

[unity1906]

Really enjoyed if that is the word reading this advice.

 

In 2003 My wife started to receive calls from 1C (You work that out) and was told that she had to pay the alleged debt, I was very ill having suffered a nervous breakdown from seeing three people burn to death and I am now suffering from PTSD anyway with me out of it and my wife dyslexic she did not have this advice to hand (no computer) and was lost as to what to do. She recieved a summons(I believe from TWM Solicitors) and they went to court in 2004 and obtained a CCJ against her for roughly three thousand pounds which she has always said she never owed.

 

Anyway I went into recovery last year and started dealing with things I had not dealt with for years. Because my income of £86,000 had been replaced with sick pay of about £70 per week we were in a lot of financial trouble and I guess she thought 1C was just another debt. last year I wrote to them wirh a CCA request, they write back saying they do not have this and they have reffered it cback to the original creditor for the CCA and would we like to arrange a settlement. Well to cut a long story shortish, I have written to them requesting removal of the defaults as the debt is unenforcable without the CCA and asking them to remove the CCJ so today guess what 1C sent me the self same standard letter that I received 18 months ago saying they had reffered my CCA request back to the original lender.

 

Now I have written for a full document and information list via the data protection act. Contacted the court who have told me they have destroyed all papers as it was nearly six years ago, but if I write in they will do a search, they also said without the original summons I can not apply to have the CCJ set aside.

 

Where am I well if 1C try to renew the CCJ they will meet a wall as they have not provided a CCA or any documents to prove the debt.

 

But I have asked them to remove the CCJ and the defaults etc but they won't comply.

 

Question what do I do now. It just all seems like they are just messing about and time wasting. Have they committed perjury to get the CCJ in the first place?

 

Should I put in a claim for damages below £50,000 I can do in the county court can't I?

 

Advice would be appreciated. Sorry for the state of my head I have flashbacks frequently and have anxiety and panic attacks most days as well.

[cymruambyth]

Hi unity, welcome to CAG. Can I suggest you start your own thread and then you will receive help specific to your situation. To start a new thread, follow this link Legal Issues - The Consumer Forums and find a tab on the left that says 'new thread'.

[unity1906]

In 2003 My wife started to receive calls from 1C (You work that out) and was told that she had to pay the alleged debt, I was very ill having suffered a nervous breakdown from seeing three people burn to death and I am now suffering from PTSD anyway with me out of it and my wife dyslexic she did not have this advice to hand (no computer) and was lost as to what to do. She recieved a summons(I believe from TWM Solicitors) and they went to court in 2004 and obtained a CCJ against her for roughly three thousand pounds which she has always said she never owed.

 

Anyway I went into recovery last year and started dealing with things I had not dealt with for years, i have no recollection of the years 2002 to 2005 at all. Because my income of £26,000 had been replaced with sick pay of about £70 per week we were in a lot of financial trouble and I guess she thought 1C was just another debt. last year I wrote to them wirh a CCA request, they write back saying they do not have this and they have reffered it cback to the original creditor for the CCA and would we like to arrange a settlement. Well to cut a long story shortish, I have written to them requesting removal of the defaults as the debt is unenforcable without the CCA and asking them to remove the CCJ so today guess what 1C sent me the self same standard letter that I received 18 months ago saying they had referred my CCA request back to the original lender.

 

The letter that they keep sending me for my CCA Request for a signed copy of the agreement keeps saying that they have referred it to the client who holds the CCA and then adds a paragraph about the LOP act. They went into default and committed an offence in 07 August 2008.

 

My wife who is sadly dyslexic and as a result illiterate did not know how to respond to the summons and apparently did not file a defence and do anything at all to defend the CCJ they had also harrased her near to breaking point from 2003 onwards. I was seriously ill and in the care of the Health Authority so only now can I try to formualate a plan to stop them enforcing or renewing the CCJ.

 

Now I have written for a full document and information list via the data protection act. Contacted the court who have told me they have destroyed all papers as it was nearly six years ago, but if I write in they will do a search, they also said without the original summons I can not apply to have the CCJ set aside. The CCJ expires on 22nd january 2010.

 

Where am I, well if 1C try to renew the CCJ they will meet a wall as they have not provided a CCA or any documents to prove the debt.

 

But I have asked them to remove the CCJ and the defaults etc but they won't comply.

 

Question what do I do now. It just all seems like they are just messing about and time wasting. Have they committed perjury to get the CCJ in the first place?

 

Should I put in a claim for damages below £50,000 I can do in the county court can't I?

 

Advice would be appreciated. Sorry for the state of my head I have flashbacks frequently and have anxiety and panic attacks most days as well.

County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook.

This comprehensive and very accessible guide will take you through the process of suing or defending a claim.

This guide will help you take control of your litigation and make you more confident about doing it yourself.

Applies to England and Wales

 

Edited October 3, 2009 by unity1906

[mandyjayne]

Hi Unity, and welcome to CAG..

 

I am not in a position to advise you at this stage, this is just a welcome note!

 

Your story is a very sad one...

 

You are without a doubt in the right place now for help with this...

 

Someone will pick this up very soon and advise you what to do first, by answering you with this, it will send your post up to the top of the forum again!

 

All the very best with your case

 

MJ:)

[42man]

Hi Unity....welcome to the CAG forums....sorry to hear about your predicament....just my take on this but, they have no need to remove the CCJ, and they could argue that as they have judgment they do not need to provide an agreement, the only way that you may be able to do this is set aside the original judgment.....

 

I think your first course of action is to send sar's to both 1st Credit and the original creditor (do you have any paperwork from 2003 at all ?)....

 

It would seem certainly obvious that the debt will have some penalty charges...

 

The 'offence' is no longer though, if they fail to produce after 12+2 working days then they just remain in default of your request, and whilst in default they cannot enforce, however as I said they already have judgment, if they want to obtain a further charging order they may try this, BUT if you want to avoid this, then usually a charging order in court is ONLY to do with the charging order and NOT the original CCJ....this is why you would have to apply an N244 at the same time to set aside the original.....you could also use section 32c of the Limitation Act as part of your defence too....so when you got the CCJ you weren't aware of excessive penalty charges at the time of the original court claim.....but first things first SAR each, assess what they have and move as quickly as you can.....

 

This link will help you too - Removal of CCJ's - Step by step guide to the process - it would of course be great if you managed to get the original claim....

 

The ability to inspect court records concerning a case in which you were a party is covered by CPR 5.4B. The lis of things you may access and obtain copies of are set out in CPR PD 5 Para 4.2A:

 

4.2A A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of-

(a) a certificate of suitability of a litigation friend;

(b) a notice of funding;

© a claim form or other statement of case together with any documents filed with or attached to or intended by the claimant to be served with such claim form;

(d) an acknowledgment of service together with any documents filed with or attached to or intended by the party acknowledging service to be served with such acknowledgement of service;

(e) a certificate of service, other than a certificate of service of an application notice or order in relation to a type of application mentioned in sub-paragraph (h)(i) or (ii);

(f) a notice of non-service;

(g) an allocation questionnaire;

(h) an application notice, other than in relation to -

(i) an application by a solicitor for an order declaring that he has ceased to be the solicitor acting for a party; or

(ii) an application for an order that the identity of a party or witness should not be disclosed;

(i) any written evidence filed in relation to an application, other than a type of application mentioned in sub-paragraph (h)(i) or (ii);

(j) a judgment or order given or made in public (whether made at a hearing or without a hearing);

(k) a statement of costs;

(l) a list of documents;

(m) a notice of payment into court;

(n) a notice of discontinuance;

(o) a notice of change; or

(p) an appellant’s or respondent’s notice of appeal.

 

The following represents the text by way of notes for guidance under CPR 5.4B

 

Under CPR 5.4B(1), subject to the Court ordering otherwise, the automatic right of access to documents on the court file on payment of a fee by parties is restricted to the categories of documents set out in paragraph 4.2A of the Practice Direction, which represent the most common types of document to which a party may wish to have access. Special provision has been made in the list in the Practice Direction to exclude from the category of applications and evidence in support, those for an order declaring that a solicitor has ceased to act and for a party or witness to be anonymous e.g. described in the claim documents as ‘A’ or ‘X’. The power given to the Court to order otherwise in CPR 5.4B(1) would in appropriate circumstances allow inspection even of the latter type of documents and it would allow the Court to refuse access to the permitted categories if the application was disproportionate or unjustified. The phrase “unless the Court orders otherwise” is not purely restrictive and is capable of being interpreted so as to give the Court power either to restrict or to enlarge the disclosure given to parties.

 

Rule 5.4D(1) provides that in order to obtain documents for which no permission is needed, parties must file a form of request and pay the prescribed fee.

 

Rule CPR 5.4B(2) allows parties to seek permission to have access to a copy of any other document filed by a party or communication between the court and a party or another person. The imposition of a requirement for parties to an action to have permission to obtain copies of any document outside those prescribed in the Practice Direction is a method by which the Court can regulate orderly access to its files but in some cases it may require a party to show good cause for access to such documents particularly if those documents contain personal data about persons who are not parties to the action, for example, witness summonses containing a witness’s address. Otherwise, there seems no reason why parties to an action should not have reasonable access to documents on the Court file in respect of their own litigation other than to those specially proscribed by paragraph 4.2A(h)(i) and (ii) of the Practice Direction.

 

Rule 5.4D(2) provides that in order to obtain documents for which permission is needed a Part 23 application notice must be filed.

[unity1906]

Received this this morning from Connaught Collections Limited

 

Dear Madam

 

We have Been instructed by 1st credit limited, in respect of the account. Please direct all future communication to us rather than 1st credit limited or their in house solicitors, LCS solicitors.

 

We refer to the above stated matter and your letter dated september 25th received today.

 

We have noted your request for information to be supplied under the Consuner Credit Act. We write to confirm we have requested this information from our client and shall provide it to you as soon as we are in receipt of the same.

 

We must at the point advise you that due to the fact the outstanding debt has been assigned from the original creditor to our client, it may take longer than the 12 days stipulated within the Credit Consumer Act. We confirm no enforcement action shall be considered by Connaught Collections until this information has been supplied to you.

 

Should you wish to discuss the matter in the mean time please do not hesitate to contact us.

 

____________________________________________________________

 

I sent the first request with the £1 fee on the 24/06/2008 reminder sent 08/07/2008 and the request expired on 08/08/2008 at which time I believe the then criminal offence was committed.

_____________________________________________________________

 

The CCJ expires on 22nd January 2010. It is a new order that I wish to challenge as I believe they committed perjury to obtain the CCJ in the first place as I doubt they have ever had proof of a debt. Without any paperwork except the CCJ and an order of variation (which was refused) I have no way of knowing if the claim nmber and case number relate to this alleged debt.

 

I phoned the Court yesterday and was informed that all case papers have been destroyed. Although they are willing to do a search, which I have requested. I have also sent a subject access request this AM.

_____________________________________________________________

 

Thank you for the reply.

Edited October 3, 2009 by unity1906