Westcot ccj - old catalogue debt - now back in court by Arrrow Global - HELP!!

[legoearth]

Anybody??

[citizenB]

You will find information regarding CPR31.14 in the pdf below.

 

legal issues-compilation.pdf

[legoearth]

Thanks again, CitizenB to the rescue. It seems like the right course of action but I'm not sre if it's too late as a judgement has already been made. Although he does need disclosure for a proper defence ...

[havinastella]

You really have let this go way to far and will struggle to get it set aside.

 

Can I suggest that you send a CCA to the OC and a SAR to OC and company collecting this debt!

 

Looks like the debt was Statue barred when they got the CCJ, but your first post although long does not show a time line we can really comment on!

 

Jogs

[legoearth]

Thanks again.

[legoearth]

Just had the first cra file back from Experian. Nothing on it except this bloody CCJ! Surely this proves there was no previous debt?

[legoearth]

UPDATE!

Just had the first cra file back from Experian. Nothing on it except this bloody CCJ! Surely this proves there was no previous debt?

[dx100uk]

did you ever get that sar that should have been the first thing you did

 

dx

[legoearth]

Hi Dx,

No,

 

we phoned the original catalogue company some time ago and after being passed through several departments

and eventually getting to the right one

they searched and had no record of my partner.

 

I do think we will lose this one.

 

Wescot have no original records,

signatures,

order details or anything else relating to the original debt

yet the judge allowed their claim.

 

Their solicitor said at the last hearing that the judge at the previous hearing had read all the papers...

 

The judge who adjourned this till 10th September said it may be dismissed again anyway due to ''abuse of process''.

 

It's so frustrating as they have no proof of the original debt which was pointed out in my partners witness statement.

 

Oh well, can't do any harm to see what happens.

 

We owe nearly £600 costs anyway.

 

As i said I think this is beyond us now.

 

I can't speak in court and wouldn't be able to argue legalese anyway and my partner is considerably less vocal than me.

 

I just wonder,and I may have said this before,

how many people are paying debts they don't owe just because they don't understand the legal system,

are not well off enough to afford a solicitor or are just to frightened to fight.

 

Very sad.

[dx100uk]

they can say what they like on the phone

 

any phone evidence is inadmissable.

 

SAR is a LEGAL doc

 

IMHO you need to do one.

 

dx

[citizenB]

Did you send a Subject Access Request to the Credit reference Agency, or is this just a regular report ?

[legoearth]

it's a report. SAR was going to be to Littlewoods as the original creditor but the time frame would be too short as they have 40 days to reply. I didn't know that SAR could be sent to reference agencies.

[havinastella]

Lego, do you have a set aside hearing for 10th Sept 2012?

[uneverdid]

Hi I notice you are claiming from Virgin, I have just settled my account with them after telling them i no longer require their services. I have been repeatedly charged £10 for late payment and £5 for non direct debit, are these the charges i can claim back and if so on what grounds?

 

Thanks.

[legoearth]

Hi,havinastella,yes that's right.

 

uneverdid I think you may have posted on the wrong thread.

[havinastella]

The set aside should you get it, will restart the claim, so you should be able to defend. Your defense will be that it was Statue Barred.

 

You should have still sent the SAR's and I would ASAP!

 

The info you receive from these requests is sometimes priceless.

[dx100uk]

god how man moe times must you be asked t get that SAR done????????????????????????

 

 

you were first asked in april.

 

GET IT DONE.

 

if not phone shop diret again.

 

demand they give you a list of PENALTY charges they have levied.

 

if they say they have no details on you

 

get them to send that in writing first class.

 

an when YOUR last financial transaction was.

 

 

dx

 

 

 

dx

[legoearth]

Just a quick one.

 

Which do you send to who when a debt is disputed.

 

Original creditor or DCA?

 

Original creditor says they have no information as the debt was sold to DCA.

 

CCJ was granted last year to DCA but there have been developments.

 

Should have done all this before I know but circumstances weren't good.

 

Thanks for any advice.

 

Just want as much info as possible from OC and DCA.

[filrobbo]

Did you get a letter from the OC Letting you know it was getting sold to a DCA

[legoearth]

This is a very old debt 1998/1999 with last alleged 'contact' in 2006.

 

There is an enormous thread on here somewhere to do with this with loads of good advice.

 

had to just let it go on in the end due to a family bereavement and just paid monthly what they agreed.

 

Just want to get back to basics and look into it again.

 

It's not our debt is all I can say.

 

It's complicated.

 

Only thing they produced was old DCA records, nothing of the original debt.

[dx100uk]

is this the shop direct catalogue debt

dx

[filrobbo]

You may still have charges on the debt that you can cla back

[legoearth]

yes dx.

I really didn't want to look back at how complicated and out of hand it got.

 

Had a letter a while ago from Arrow global saying they now own it

but we owed £400 more than the original debt!

 

Really want to look into it again if we can.

 

Just couldn't take anymore stress in the end last time.

 

Felt better to give in and pay a small amount each month than keep arguing.

 

Have to go back to court next week with all the proof of our income.

 

They also want costs for us doing this lol Another £50 !

[dx100uk]

are you saying that AG were not the ones that took you to court

 

but are now the ones going back there on the CCJ awarded?

 

fill us in please.

 

dx

[legoearth]

sorry. AG now own the debt as they took over wescot??? wescot are asking us to go back to court to prove our income. We make a small payment of £20/ month at the moment agreed by wescot last year. Have heard nothing from AG since the letter, Still pay to wescot.