Cabot and Citi Card debt

[mickey_0]

Hi all,

 

am about to send lots of CCA letters to various companies after reading lots for months on this site, am unfortunately now on overload and hope nobody minds me asking a few (hopefully) simple questions as I cannot remember exactly where I've read these bits!

 

1. alan from derby says "However, it is important to understand that if the company chasing the debt already holds a CCJ, then the debt has been "established" legally - and the above does not apply. However, if you know that the original debt includes unlawful charges, you may be able to get this set-aside." So my question is - If capital one have a CCJ against me for only £250 of an original £1200 debt can I still send them a CCA letter?

 

2. Can I send a SAR letter at the same time as the CCA so I can add up the charges on this account or should I wait for a reply to the CCA?

 

3. I have some old catalogue debts which have been passed to various DCA's which I am about to send CCA letters to, should these letters go to the DCA's or the original catalogue company or should I phone the DCA's to find out whether or not these debts have been sold and then send letters to legal owner of the debt?

 

Any help would be greatly appreciated!

[JonCris]

Hi all,

 

am about to send lots of CCA letters to various companies after reading lots for months on this site, am unfortunately now on overload and hope nobody minds me asking a few (hopefully) simple questions as I cannot remember exactly where I've read these bits!

 

1. alan from derby says "However, it is important to understand that if the company chasing the debt already holds a CCJ, then the debt has been "established" legally - and the above does not apply. However, if you know that the original debt includes unlawful charges, you may be able to get this set-aside." So my question is - If capital one have a CCJ against me for only £250 of an original £1200 debt can I still send them a CCA letter?

 

2. Can I send a SAR letter at the same time as the CCA so I can add up the charges on this account or should I wait for a reply to the CCA?

 

3. I have some old catalogue debts which have been passed to various DCA's which I am about to send CCA letters to, should these letters go to the DCA's or the original catalogue company or should I phone the DCA's to find out whether or not these debts have been sold and then send letters to legal owner of the debt?

 

Any help would be greatly appreciated!

 

1st DO NOT USE THE PHONE put everything in writing. Even if they phone you write back confirming your discussion. If they then don't question your letter they will have considerable difficulty denying it later

 

Before seeking to set aside the £250 I suggest you go for that part which is not the subject of the CCJ which I'm assuming you have already paid. Unless it's important to you now you can seek to have it set aside later. also it will help with your application once you can show they have already refunded some of their unlawful charges.

 

You can send a CCA letter Also be careful most of the catalogues are owned by GUS & the supposedly different DCA's are all owned by them. Particularly if their address is Dale Street, Manchester.

 

DO NOT contact them to ask if they are the legal owners challenge them to prove it by sending the letter in the templates library. the one that starts "I do not acknowledge any debt to your company"

 

You can send both letters as they each have a different purpose just don't lose track of the dates & don't forget your (I do not acknowledge) letter is already demanding proof of their right to pursue the debt

[mickey_0]

Hi Joncris and thanks for your help with this.

 

The letters I am sending are the ones you've mentioned, however I have left out the bit about the deed of assignment as I am unsure if these debts have been sold or not so

1. will they inform me of this when they send the copy of the signed agreement?

 

As to the CCJ for capital one, I haven't paid anything on the rest of the account, and just one payment on the CCJ. every account I have is in default but this CCJ is as I say only for approximately one fifth of the actual balance so

 

2. do i send a CCA for this account or dive straight in with the SAR letter?

 

I'm not going to gain any money from any of these claims, am basically just hoping to get the charges removed which should in theory bring me back under all my limits and prevent more charges!!!! At that point I can make a payment offer to clear these debts!

[MARTIN3030]

Hi Joncris and thanks for your help with this.

 

The letters I am sending are the ones you've mentioned, however I have left out the bit about the deed of assignment as I am unsure if these debts have been sold or not so

1. will they inform me of this when they send the copy of the signed agreement?

 

As to the CCJ for capital one, I haven't paid anything on the rest of the account, and just one payment on the CCJ. every account I have is in default but this CCJ is as I say only for approximately one fifth of the actual balance so

 

2. do i send a CCA for this account or dive straight in with the SAR letter?

 

I'm not going to gain any money from any of these claims, am basically just hoping to get the charges removed which should in theory bring me back under all my limits and prevent more charges!!!! At that point I can make a payment offer to clear these debts!

 

You should leave in the request for deed of assignment as if they are required to supply then they will have to......they wont mention this unless YOU do

I would send the CCA as the main info you need is covered with this.

[JonCris]

Hi Joncris and thanks for your help with this.

 

The letters I am sending are the ones you've mentioned, however I have left out the bit about the deed of assignment as I am unsure if these debts have been sold or not so

1. will they inform me of this when they send the copy of the signed agreement?

 

As to the CCJ for capital one, I haven't paid anything on the rest of the account, and just one payment on the CCJ. every account I have is in default but this CCJ is as I say only for approximately one fifth of the actual balance so

 

2. do i send a CCA for this account or dive straight in with the SAR letter?

 

I'm not going to gain any money from any of these claims, am basically just hoping to get the charges removed which should in theory bring me back under all my limits and prevent more charges!!!! At that point I can make a payment offer to clear these debts!

 

I'm a little unclear as to why they have only obtained a CCJ for only part of the debt. Apart from the fact they are with the same creditor are they linked in any other way

 

You need to ask for the DA cos you can be almost assured they don't have it & if they attempt further legal action to recover you can stop them dead in their tracks.

 

Also (this will to some extent depend on your 1st answer) if you have agreed a payment plan for the CCJ & you are not paying it as agreed with the court you will need to seek to have it removed now on the grounds that you now know it includes unlawful charges

[mickey_0]

Thanks Martin 3030 that clears that up nicely, will reprint the letters ready to post tomorrow.

 

with regards to the capital one - it's a mastercard that's in default with an outstanding balance of £1300 (which I know for a fact includes unlawful charges so am going to send SAR out) but the CCJ is only for £154 (the rest was costs, sorry) I have no idea why they've only gone for the £154? your guess is as good as mine. So I am paying the CCJ as instructed @ £50 per month but the question really is, is it worth me sending a CCA letter to see if they can produce a copy of the Signed Agreement to enforce the remaining balance or now they have a CCJ on part of the amount is the CCA by the by?

[Guest Zooman]

This thread is getting a but on the long side.

 

We now have Debt Collectors and Bailiffs forum where members can start a thread, anyone who has active issues within this thread would like to start a new thread and post below a link to the new thread we will look at closing this one.