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Old 26th January 2007, 12:32   #1 (permalink)
raaydaar
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Posts: 49
raaydaar Novitiate
Default ADT Fire & Security

Greetings all, just thought I would run this by you and see what you think, back in about 2001 we purchased a burglar alarm from ADT on the basis that the salesman told us that we had to pay for monitoring for 12 months then after that time we could cancel and keep the system.
After the 12 months we wrote to them and cancelled however when we came to move house in December 2005 we found that they had obtained a charge against the house and were after over £2000 to release it, we duly paid cos we had to sell the house to relocate for my work.
We never received any communications from ADT, a collection agency, solicitors or the courts regarding this matter and it seems that judgement was entered without us having the opportunity to defend.
Unfortunately I no longer have the paperwork relating to this so I thought I would send a modified cca to try and get a copy of the original agreement.


My Address
January 26th 2007
ADT Fire & Security
SECURITY HOUSE
THE
SUMMIT
HANWORTH ROAD

SUNBURY-ON-THAMES
MIDDLESEX
TW16 5DB



Dear Sir/Madam

Re:− My Old Address


With reference to the above property, we would be grateful if you would send us a copy of the executed credit agreement relating to the security system which was installed at the above address.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.



We look forward to hearing from you.

Yours faithfully



Raaydaar


If they are unable to supply us with a copy of the agreement can I go after them for the £2k + and get the judgement overturned, or do I have to just accept he fact that we've just been unlucky and sit with the ccj (which is now satisfied) for the next few years
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Old 26th January 2007, 12:50   #2 (permalink)
sequenci
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Default Re: ADT Fire & Security

did you not receive any paperwork from them to state that they were going for a CCJ?
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How to get out of debt: http://www.consumeractiongroup.co.uk...-out-debt.html
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Old 26th January 2007, 12:53   #3 (permalink)
raaydaar
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raaydaar Novitiate
Default Re: ADT Fire & Security

We received absolutely nothing at all from anyone ,the first we knew about this was when our solicitor did hs searches for the sale of the house and it flagged up the charge, we're a bit peeved since had we known about the court case, we were at that time in a position to argue our case and pay the £805 that ADT wanted if we were to lose. Instead we've been hammered with about and extra £1400

I've tried contacting ADT's solicitors about this but they never reply to my phone calls
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Old 26th January 2007, 12:59   #4 (permalink)
sequenci
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Default Re: ADT Fire & Security

Quote:
Originally Posted by raaydaar View Post
We received absolutely nothing at all from anyone ,the first we knew about this was when our solicitor did hs searches for the sale of the house and it flagged up the charge, we're a bit peeved since had we known about the court case, we were at that time in a position to argue our case and pay the £805 that ADT wanted if we were to lose. Instead we've been hammered with about and extra £1400

I've tried contacting ADT's solicitors about this but they never reply to my phone calls
if you have not recieved any claim form then you could have the judgment set aside. this would also remove the charge (if it was still there)

more info here for you:

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court
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How to get out of debt: http://www.consumeractiongroup.co.uk...-out-debt.html
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Old 26th January 2007, 13:02   #5 (permalink)
raaydaar
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raaydaar Novitiate
Default Re: ADT Fire & Security

I've thought about that, but the judgement was entered back in 2003, settled in 2005 when we moved. Plus can you actually apply for a judgement to be set aside after you've paid the money?

If I were to apply for the judgement to be set aside, could I apply to reclaim the 1400 extra I've paid?
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Old 29th January 2007, 20:46   #6 (permalink)
raaydaar
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raaydaar Novitiate
Default Re: ADT Fire & Security

bump

Anyone offer any advice on this?
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