Registered County Court Judgement

[bobneedhelp]

postggj,
i PM you just in case. Can I just add on that I had a charging order from another dca on my other thread and surfaceagentx20 has helped me with the N244 application and now the court has adjourned the hearing. I am not sure if this is the same or different from a CCJ. PLEASE ADVISE on the next thing i need to do ...thanks ...and thanks.

[postggj]

hi bob
with ref the ccj
we need to confirm by statements etc that the debt was statute barred when the ccj was issued
these we will get from your Subject Access Request

[bobneedhelp]

hello postggj
How do I confirm by statements etc. that the debt was status barred when the ccj was issued? Should someone (like the dca) write to me or is there somewhere I can find this out?

I have written the Consumer Credit Act and Status Barred Letter's to the dca's and their in-house solicitors together with the £1 postal order but NOT the S.A.R. (Subject Access Request).
Question: Do I now need to write the S.A.R. letters to all the dca's or only the dca who have registered the ccj against me? or does the CCA/Status Barred letter is already sufficient?
Unsure and In Need of Help. Thanks.

[bobneedhelp]

hI,
I have just today received a letter from a dca, CLARITY stating that:

Our ref: xxx
Client: Cabot
Account: xxx

Thank you for your letters dated xxxx and for the letters addressed adressed to our acting solicitors (xxxx) also dated (xxxx).

This particular account is no longer being managed by Clarity and was returned to our client on (date). Please contact Cabot for the information required.

We therefore return your two 1 pound postal orders.

signed and name

Question: So now what do i do - since both clarity/hodsons says they no longer managed the account and that I should write to cabot (I DO NOT HAVE CABOT CONTACT??) anyone knows??? and What do I do with the RETURNED Postal Orders (it has already been written with the dca's/solicitors name on it and crossed!!)?

[bobneedhelp]

the dca's is NOT acknowledging my letters and returning the letters together with the postal orders saying that they do not manage the account and I need to write to the client - cabot financial for the information.
Do I write to cabot with CCA and Statute Barred lettes again?
HELP HELP ...

[bobneedhelp]

Gosh! & Gosh! I am getting confused with these letters coming - I have 2 dca's now returning (2 each) of the £1 postal order - ARE THEY PASSING THE BUG ?? or What?/
What do i do now please ...

[bobneedhelp]

I am preparing same letters to write to Cabot with the letter CCA and Status Barred to Cabot? and await your advice if I should send this letter out?
PLEASE ADVICE.

[bobneedhelp]

Question: Has anyone got the address for Cabot Financial (Europe) Ltd. I have got letters from clarity and their solicitors and they have returned all postal orders saying they no longer managed account that account has been returned to client (cabot) on 31 May and that I need to write to Cabot. DESPERATE for ADVICE ...someone ...please.

[bobneedhelp]

Whilst I was reading the other thread I came across this CPR letter - now that I have written the CCA and Status Barred letter's, do i need to write this one too? It seems appropriate since some of the dca's have replied and returned my postal order and saying I have to write to their client? which i do not have their contact details???? Please advice.

In the XXXXXXXXX County Court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

REQUEST FOR INFORMATION UNDER PART 18 CPR

I have received a recent court claim from your organisation. In order to file a defence and any counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an application will be made for an Order enforcing your compliance under the provisions of the CPR

If it becomes necessary to make an application for an order forcing your compliance I shall ask the court to consider my costs as well

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.


1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.


3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXX (type, don't sign).

[postggj]

hi bob

no wonder you are confused
its common practice now for a dca, who owns an account, to pass it to more dca for collection on a commission basis

it seems cabot are the creditor, so send the cca to them
i repeat, any debts a dca are handling, thats who you send the cca to.

ill move on to the ccj

as you allready have a ccj, the cpr request is defunked
you only use that after a claim has been issued
to confirm the debt was statute barred when the ccj was awarded we need to do the following

send the Subject Access Request direct to the original creditor, example barclaycard, mint, etc

on return you will have all statements, agreements, etc
we can then confirm when you last made a payment or acknowledged this account. we can then move on

befor you got the ccj on this account was it passed to a dca and did you make any payments to them.
ime getting a bit confused so bare with me as you have cca a few dca, dont want to confuse over the ccj account.

click the link below for cabot details

Cabot Financial: Contact details

[bobneedhelp]

sorry for all these posting ...my head is doing me in ..so I am going to have a break and rest for a bit ...will be back later ..thanks all for the time and support

[bobneedhelp]

Postggj thanks for the reply ...I could not really rest so I am back ..sigh ..and deep deep breadth ...and thanks alot for setting me straight.

send the S.A.R - (Subject Access Request) direct to the original creditor, example barclaycard, mint, etc

on return you will have all statements, agreements, etc
we can then confirm when you last made a payment or acknowledged this account. we can then move on

befor you got the ccj on this account was it passed to a dca and did you make any payments to them.

OK, get me head straight!!

I am dealing with 4 dca's at the moment ( as far as the letters which i opened after coming to this CAG) phew!

No.1 Had Interim charging order and I had helped to complete N244, sent to court and now case adjourned to oct 27 for set aside hearing and then hear the charging order - this is being done and will await reply (if any) and surfaceagentx20 has helped me through the entire process.

No. 2 arrow global/copes/transcom all have written with same account ref. So i assume all as one - this one has registered a ccj (got claim number and this is at the Northampton CCBC) and i need to apply to get it set aside - I do not know how to do this and what to write or whether i need to also write to the original debtor which I read from the letters as alliance&leicester - what are the letters to write etc?

No.3 - sent cca and status barred letter to dca but they replied and returned postal orders to say that they no longer manage account and ask me to contact cabot for the imformation required. Now, I THINK I need to write the cca and status barred letter again to cabot. Am I right to think so?

No.4 - dca replied and stated that they are in receipt of a request for a copy of my credit agreement in accordance to the cca 1974 and they said it might take longer than prescribed. This I assume I will have to wait and see what their replies are. Am I right to assume so?

These are the 4 dca's I am having to learn to deal with - thanks. Anything else that I miss and need to share here in order to get the correct help - please tell me.

[bobneedhelp]

as far as i can remember i have not made any payment to any dca's since 2001 or thereabout ( I was ill with stress and depression and had to resigned from work and keeping alive was the main thing on my mind - very hard times then moving about staying with friends/family for support and help) and still get help and support .

these debt's I do not even know who i owe this to or how much since it was so long ago. and the original debtor ..i do not even know or remember so what do i do?

[bobneedhelp]

The Subject Access Request letter - do I need to pay a fee? in postal order too. also I need to send letter for CCA and Status Barred together like i did before

[postggj]

hi bob

Subject Access Request costs £10
use postel order

put statute barred and cca request in same envelope
remember cca £1 again postel order

send by recorded/special delievery

[bobneedhelp]

The S.A.R., cca and status barred letter to be sent to this cabot, following the dca who said they do not manage the account and asked me to send request to cabot. CORRECT?

also, the dca (copes) who has a registered ccj against me through their client arrow global ltd. - I have sent the cca/status barred to copes & cbs trascom BUT have not heard from them yet. Copes/CBSTranscom are the ones writting to me with the information that a ccj has been made against me, with arrowglobal g as their client.
I have wrote to copes/transcom with cca/status barred but not to Arrow global and alliance & leicester. Which one do i write to now and what letters? Subject Access Request, cca and status barred? For this one, do i need to put in a N244 to set aside judgement for the ccj until i get the information/s requested.

Still unsure and trying to get my head round it ....I know I am slow at this ....please be patient with me ...thanks

[bobneedhelp]

No. 2 arrow global/copes/transcom all have written with same account ref. So i assume all as one - this one has registered a ccj (got claim number and this is at the Northampton CCBC) and i need to apply to get it set aside - I do not know how to do this and what to write or whether i need to also write to the original debtor which I read from the letters as alliance&leicester - what are the letters to write etc?

Question: How do i fill out the N244 to try to get the CCJ to be set aside? any idea postggj?

I have sent cca and status barred letter to copes (solicitors acting for Arrow Global) and Transcom (also acting for Arrow Global) already but they have not replied me as yet. Do i just wait now for the 12 days to run out (which is around 10 Sept) and do they have another 30 days as stated on top of the 12 days to send me these information's?

Unclear again ...and thanks for continuing to remind me ....

[bobneedhelp]

I will get Subject Access Request letter and post here to confirm that I am doing it right when I find the letter to follow.