Registered County Court Judgement

[postggj]

if you want ,post your cca request, use photo bucket its free.
make sure you have deleated your personel info/dca name and account number.
as a norm i advise not to pm
just think, down the line some one will be in the same position as you and the advice given on your thread will be of great benefit. if we start pm, who can double check, thats the great thing about cag, if some one gets it wrong, there is allways some one to correct, we all learn that way

[bobneedhelp]

QUESTION:
1. Do I write the CCA Letter to both DCA and appointed solicitor?
What would the argument be in my favor if there is one? Please help help and advise.

2. DO I also need to send Letter M -Dispute your liability for a debt where a creditor has not contacted you for over six years since the last contact as far as I can remember was in 2000. Because I was moving about staying with family members, relatives and friends for over 2 years or so, they were not able to contact me during this period. And because of my stress and depression during this period, I was not in the position to do anything but to look after myself with help and support.

Now, I have put the letters (all the ones I have opened anyway from yesterday in dates order and it was the beginning of the year that these DCA's / appointed solicitors started writing to me. There are a total of 5 DCA/appointed solicitors saying I owe money.

If I am jumping to conclusion and doing things which are not right, PLEASE tell me so - its just that as I read many thoughts come to mind and left questions hence I ask here - hope you can understand!

[bobneedhelp]

so i send the CCA together with the statute barred template letter in one go to the DCA and Appointed Solicitor, CCA with 1 pounds postal order and statue barred? any fees? and I also asked about letter M? do i need to send that as well? ...big breadth taken ....but thanks

[bobneedhelp]

postggj
what is a photo bucket? please

[postggj]

hi bob

just google photo bucket/its free
just scan your letter into your computer then you can use photo bucket to upload your document onto your thread

[bobneedhelp]

I am not sure whether they are DCA's or what?. I can see some are appointed solicitors like copes solicitors, hamptons legal, hodsons solicitors, and the other letters are red debt collection services, lowell portfolio
i, clarity. this is what is on the letter head.
QUESTION: So I send CCA and Statute Barred Letter together to each one. Where can I get the template for Statute Barred, please? And what is Letter M? Is this relevant?

[postggj]

i know you are confused, thats why we are hear to help
with ref statute barred, send letter m
a lot of what you have put are dca or in solicitors for dca
just send your info to the companies named, like i said any sols are in house dca/same thing
enclose your cca request for each one
costs £1 and use postel order and print, never sign your name
ask for a statement of account and notice of assignment as well
keep copies and allways send by recorded delievery

[bobneedhelp]

postggj - thanks for encouragement and thoughts - I am keeping my head high on this and reminding myself that I can do this despite feeling stress.
I have now done the CCA letter and also the Statute Barred Letter sample which I will send together to each of the DCA as well as to their in-house solicitors - Is this correct?
I will post each of the template letter in the next 2 reply and PLEASE READ and LET ME KNOW if it reads alright and acceptable. Thank You.

[bobneedhelp]

This is the CCA Letter which I have written - I have change 'I' instead of 'us' because it only relates to me alone. The paragraph in Blue is what I have added as suggested by postggj - is this correct place to insert??

Address

date

DCA Name and Address

Dear Sir/Madam

Re: Your Client – xxxxxxxx.
Account Reference Number – xxxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I would like to ask for a copy of a statement of account and notice of assignment. I consider the accounts to be statute barred and that the accounts are now in dispute.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

Name but No Signature

[bobneedhelp]

This is the letter for Statute Barred which I will send together with the CCA letter to ALL DCA and appointed solicitor who has written a letter to me - Is this correct? I have change the 'I' to refer me alone. I will await your advise and then get these letters out. The ₤1-00 postal order will be for the CCA letter only. No money to attach to Letter M (Statute Barred) - correct?

[address]

June 28, 2006

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam

Acc/Ref No xxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

I would point out that under the Limitation Act 1980 Section 5 states that “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully
Name but NO Signature

[bobneedhelp]

postggj - I do not know much of this photobucket although i had a quick look at the site - I will need time to learn and at the moment I am trying to get my act together on this and maybe learn later - thanks alot of directing me to this new learning.

[postggj]

hi bob remember , i was like you once, been there/done that/got the tshirt

send these letters and the accounts are on hold/in dispute.
one thing to remember, i know its 12 days to comply but the dca have to go back to the original creditor for the agreements, thats if they have any.
it will take a lot longer than 12 days, during that time they are stuffed.
nice to know what there reply would be to statute barred.
keep your thread updated and

CHIN UP

[postggj]

Once They Get These Letters, They Will Prob Phone You,
Dont Ever Talk On The Phone
Refuse To Answer There Security Questions
Its For Your Protection

[bobneedhelp]

ok postggj, will do as advised and not answer phone or talk to them. Sorting letter and will send out to them tomorrow if I can get it done. Thanks. i can send them letters even though One of DCA has taken out a CCJ Claim on me?

[postggj]

the ccj account
what we are trying to find out is
was the ccj unlawfull ie statute barred
if it is ,we can work on getting it set asside
its up to the dca to proove its not statute barred, not you

[postggj]

the dca who had the account that got a ccj.
the dca may try to stall
if i were you, the original creditor who had the account before it was sold to the dca, who then got the ccj, i would do the following
send the original creditor an Subject Access Request
this will cost £10 and they have forty days to comply.
in it will be all the info they have on you.
what we are after is the last time there was activity on the account, its worth its wait in gold.

you will find the Subject Access Request templates in the templates section

if you need any help, shout

[postggj]

where i am going with this is if we can show the ccj is unlawful due to being statute barred, we can get it set asside, meaning no ccj.
great you think, but even better, we can get rid of the charging order

[bobneedhelp]

I found a name - Alliance & Leicester - I think is the original creditor - this old loan was taken out in the early 90' or there about I am unsure - do i write a S.A.R. to Alliance?