Westcot/Carter/Arrows (old Egg card) CCJ payments- Help please

[Nicola19]

Hi

i am hoping someone can help or at least point me in the right direction.

 

Back in 2008-09 i went through a really difficult period,

i was laid off work due to sickness and my relationship ended so with various bills an no income i found myself in a mess.

 

I contacted all my debtors to arrange a payment plan

but egg credit card weren't interested in letting me pay what i could afford,

i managed to pay token amounts but then i couldn't keep up with this,

 

they defaulted the account,

then i didn't hear anything until

 

i received a letter from Bryan Carter, they asked me to pay a chunk of the debt to stop it going to court,

i wasn't in a position to do this so they sent the forms and i made an offer to pay of £20 month,

 

being naive at this time i didn't actually realise the conseqence of what was about to happen, ie a CCJ being registered.

....so annoying as i would have asked my parents for help had i known.

 

i have been paying £20 month since the CCJ was registered 22/7/09

 

until June this year, i rang BC to change the payment date

an they informed me the debt was no longer with them and that i would hear from Westcot in due course.

 

No contact until 12.9.13 with the headline 'failure to make payment'

saying despite their letter of 28th August i have failed to make a payment

or enter into an agreed plan,

unless i contact them urgently to make a payment or to establish a regular repayment plan

they will have no option but to recover the debt,

 

this will be either: Legal action through the court and judgement obtained against me (haven't they already done this)?

Refer the debt to a door stop collections agency.

 

what i want to know is it worth me asking for a full statement of the account before it was taken to court,

 

after reading these forums i am sure there will be charges that were applied that i could possibly claim back!?

 

What will happen in 2 years (when the CCJ falls off credit report)

 

i am sure unless i find myself with a windfall i will still be paying this debt,

 

i don't have a problem paying what i owe when they are genuine charges.

 

I also have 2 other debts that are still not resolved that are with HSBC so hoping some kind person may advise me on these also.

 

Thank you for taking the time to read, any constructive advice is very welcome

[fkofilee]

CCJ on top of a CCJ?!?! They legally cannot do that and it would be thrown out...

Wescott are a strange bunch and im not sure how to take them.

 

My advice... Create a separate thread for HSBC and as for Wescott , set up a Standing Order and pay them the same amount you paid before...

Get their Account details. That way it cant be seen that you havent been making an effort

[dx100uk]

make a new thread for the hsbcdebts in the HSBC forum.

 

as for this egg/carter/wetcloths one.

 

I bet carter did what we call a split claim

prob only for his charges alone

 

have you got a copy of the CCJ still?

 

you should ONLY be paying the NAME CLAIMANT on the CCJ

no-one else

 

wetcloths would need to go back to the judge to get their name substituted on the CCJ.

 

unless it was ARROW global which took you to court, carter was just the solicitor dealing with it?

 

if this is the case, then wetcloths & carter are owned by arrows so the same claimant

 

there are quite a few of these old carter/arrow debts surfacing

 

once the surface is scratched, we normally find the OC [EGG]

sold the debt to arrows because it was a lemon [PENALY charges/PPI]

 

and carter banged in a CCJ on the QT to cash cow people

who do not defend & thus get a default judgement.

 

you'll need to SAR EGG [at the square operations address]

 

lots of info here

 

i'll let you post back and see what you say first before going further

 

dx

[Nicola19]

Hi, thank you for your reply, i've just looked at the letter sent from Westcot it say: Arrow Global Guernsey Ltd - Egg.

 

I haven't got a copy of the CCJ i am not sure i ever did get a copy, could i apply to the court for this?

 

I am pretty sure the amount that defaulted was just full of late charges etc etc, at the time i didn't know about forums like this so just filled out the form i was sent, like i said very naive but what you don't know your very ignorant of.

 

I don't dispute the fact i owe Egg money, i had a very good job and a good income and i ran the account well at the time, but as we all know that once your unable to pay they couldn't give two hoots they just want their money!

 

I am just unsure what i need to do next, do i send them a letter asking for all the info relating to this account - a SAR which will show all the charges etc?

[dx100uk]

I guessed right then!

 

if you look at www.trustonline.org.uk

 

that should give you the CCJ number [unless you already have it?]

 

just phone northants court

and ask for a copy of the CCJ

or

the EXACT wording of the PoC and the Judgement box.

 

sar will need to goto EGG

 

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

[Nicola19]

I've been on to the court, i have to ring back tomorrow at 9.30 as that dept has now closed for the day!! I got my judgement number from my credit file, there is a £5 charge for a copy.....(is nothing free lol)

 

Will look for a template now for the SAR and get that sent off to Egg.

 

Do you recommend i start paying a token amount each month for the time being just to keep them at bay?

 

Thanks for your help, i will let you know how i get on!!

[dx100uk]

click the SAR

 

have wetcloths made ANY ref to the CCJ?

 

I bet not!!

 

 

dx

[Nicola19]

The only reference they have made is threatening me with one, that's why i said surely they must know that i've already had one issued for this debt!

 

Having done some checking you cannot be issued with a duplicate CCJ for the same debt if i am correct!?

[BRIGADIER2JCS]

Was this 'out of the blue' letter from Wescot???

[Nicola19]

Yes, although Bryan Carter told me it had been passed back to Arrow, i just didn't understand why after me paying BC all this time they suddenly pass it off to someone else.

[BRIGADIER2JCS]

Arrow want it in the hands of a company in the same group i.e. Wescot.

[dx100uk]

The only reference they have made is threatening me with one, that's why i said surely they must know that i've already had one issued for this debt!

 

Having done some checking you cannot be issued with a duplicate CCJ for the same debt if i am correct!?

 

correct

 

me thinks carter has pocketed this money

 

and wetcloths are trying it on again.

 

I bet they know nothing about the CCJ

 

there are several identical threads here about these three.

 

i'll have to find them [they are recent too]

 

2 of them i'm sure turned out to be lemon debts no longer owed.

or some no compliance issue

 

where carter are involved, theres always something wrong with the debt!!

 

dx

[Nicola19]

I definitely need to delve into this more,

 

i know i owed money to Egg but i didn't know anything about debts/law/rights etc at the time,

only now from reading all these forums etc got me thinking,

 

how can Wescot not know about the CCJ that Bryan Carter issued,

surely if they've taken a debt on they should know i'ts background, well you would think so.

 

I just want to find out how much of the debt was charges/penalties etc, can't wait to speak to the court tomorrow and find out who the claimant is named as.

 

I've learnt loads just by reading these forums, so helpful as are all you good people for taking the time to respond!

[dx100uk]

it is always difficult to unwind the web they weave

if there is one.

 

but over the years I've been here one gets a feeling

and my Gibbs sense is rarely 100% wrong.

 

dx

[Nicola19]

Will it be a huge mountain to climb/fight when i get the SAR if i find out there are masses of charges/penalties, how difficult is it to get these removed?

 

I'm pretty sure that's why i gave up as the charges weren't even putting a dent in the debt that much i do remember.

[dx100uk]

you don't get them removed

 

you reclaim them at THEIR interest rate.

 

we'll deal with that as it happens when the data comes from the SAR request

 

can I suggest you sent wetcloths this [its a cca request]

 

IF they are aware of the CCJ they wil reply

that there is no need for it to be complied with

I bet they write back referring you to the original creditor

or

that they are 'gaining' the agreement and you must wait.

 

adapt the following text to YOUR details.

.

DO NOT SIGN THE LETTER!

.

get a £1 BLANK Postal order

.

write on the back.

for statutory £1 CCA FEE ONLY.

NOT FOR ACCOUNT PAYMENT

.

leave the payee BLANK

.

post the two off by 1st class post, get proof of posting from PO counter - ITS FREE!!

.

they have 12+2 WORKING days to comply.

.

.

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account,

together with any other documentation the Act requires you to provide,

including a detailed statement of the account.

 

I expect you to comply fully and properly with this request, within the statutory time limit.

You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment,

and places a duty upon you to pass this request to the creditor.

In the case of an absolute assignment, you are a creditor as defined by s.189.

If you contend that you purchased the rights but not the duties of any agreement,

you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note that these funds are not to be used for any other purpose

 

If you are unable to comply fully and properly with this request,

you should confirm this in writing at the earliest opportunity,

and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

[Nicola19]

Thank you so much for your help with this dx and brigadier, I've done the letter and will post today can i just confirm i need to leave the s.77/78 there but remove 79 from the letter?

 

Will see how long it takes them now....tried phoning the court for the copy of CCJ but put in a queue, will call them again at lunchtime.

 

Starting to feel positive and a bit more hopeful, original ccj amount was for £2691 and last balance i had was i owed £1891 so if i am able to get charges removed etc i'll soon have it cleared.

[dx100uk]

yes remove ref to 79

 

you'll find n'hants is very busy always.

 

just take things a step at a time

 

gathre the evidence

then we'll deal and unravel things.

 

just remember

by reclaiming you are no tgetting the PENALtIES removed as such.

 

you are reclaiming the cost of each penalty & the interest its cause

from the day they levied it

till the day its resolved

 

that will equate to a monetary sum to you

which you can use the pay off the CCJ.

 

see link 3 below

 

dx

[Nicola19]

Letter done including postal order, claim details & judgement on route from court (cost £5)

 

Can't wait to get response now.....have to be patient!!

[Nicki19]

Hi Guys,

 

Well sorry for the delay coming back to you,

my mum has been seriously ill for the last 3 months so my time has been taken up with doctors, hospitals etc..

...thankfully she seems to be on the mend now.

 

i sent the £1.00 postal order etc off end of October and

 

next thing i received it back with the postal order uncashed and them saying they were not able to help and they were passing it back to the original creditor!!!!!

 

Step forward another month

 

i receive a threatening letter from Shoosmiths LLP Solicitors saying that unless i make contact with them an make an arrangement to pay they will do the following:

 

If we cannot agree during the next 14 days how you will repay the amount outstanding

we will issue Court Proceedings against you for the full sum outstanding together with legal costs,

we will not contact you again to warn you that the proceedings will be issued.

Any judgement issued by the court against you will be registered by at Credit Reference Agencies.

 

I have today responded to this letter by saying i have already made a request with the £1.00 fee and it was returned to me,

 

now it appears to have been passed to yourselves (Shoosmiths),

 

i said i would not call to discuss i was not prepared to be bullied and intimidated (bet they won't like me using those words),

i would only deal with th matter in writing.

 

Surely if i was taken to court in 2009 and a CCJ issued and i have been paying £20 month since,

they can't suddenly take it back to court, especially as i am requesting account information relating to this debt?

 

I have to confess this letter has really rattled me, it was dated 10th December and it arrived on the 21st!!

 

What should my next step be, thank you in advance!

[Nicola19]

Forgot to mention the CCJ was issued Arrow Global as the client!?

[dx100uk]

its what I suspect

 

left leg does not know what the right leg is doing.

 

let it run.

 

dx

[dx100uk]

and dont tell them about the previous ccj.

 

dx

[havinastella]

Are you still paying the original CCJ?

[Nicola19]

I haven't paid anything since Bryan Carter passed it to Westcot/Arrow

this was July as i hadn't had a letter of confirmation from WescotArrow to say they were taking the debt over, then

 

i got a letter out of the blue saying i needed to start paying them,

 

this is when i took advice on here.

 

I was paying £20 a month to BC Solicitors a

 

nd the debt has reduced from £2400 to around £1900 now.