Registered County Court Judgement

[bobneedhelp]

bump ...I am stuck ...and in need of some directions ..or help please ...sorry to be long winded ...

[bobneedhelp]

Written draft CCA letter - is this alright or have i miss anything - help please!

Address xxxxxx

date xxxxx

DCA address ...xxx

Dear Sir/Madam

Re: Account Reference xxxxxxxx

Your agent (xxxxx) and their acting solicitors have advised me to write to you as they have returned the account to you on (date xxxxx). You have contacted me through your agent regarding the account with the above reference number, which you claim is owed by me.

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 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

Printed name and not signed

[bobneedhelp]

Written Status Barred Letter - is this correct or anything to add on ..please help.

Address xxxxxxx

Date xxxxxxxx

DCA address xxxxxxxx

Dear Sir/Madam

Re: Account Reference Number: xxxxxxxxx

Your agent (name xxx) and their acting solicitors have advised me to write to you as they have returned the account to you on (date xxxx). You have contacted me through your agent 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


Printed Name Only (Do Not Sign)

[bobneedhelp]

I need to write S.A.R. (Subject Access Request) letter. This letter is to goto the OC (Original Creditor) (name dca) who have bought the debt from loan company. Do i write to arrow or loan company or both with the S.A.R - (Subject Access Request) letter? I DO NOT KNOW how and what to write - anyone can help please.

I also need help to complete the N244 to get the CCJ set aside for a dca - anyone can help me complete this form and to check with me the content so it is correct and appropriate.

Thank you all - I am trying very hard to get my head together and cope with your suggestions and help - PLEASE bear with me and I will catch up soon . ... with lots of help though needed....

[surfaceagentx20]

Bob, You're spinning around and losing sight of the objective. Just chill out!

Right, even though you've been seeking information about the credit agreement which has given rise to a variety of debts, the important debts for now are those which have been converted into County Court Judgments (CCJs).

We know of one CCJ for sure. May be there are others.

First Judgment: Lowells
The first is the CCJ which I dealt with on your first thread started on CAG, concerning Lowell's judgment and which resulted in a charging order. That judgment is not for as much as £10,000.00, so the judgment you refer to in post no1 relates to something else.

Second Judgment: Copes
Copes only say they are applying for a CCJ. What was the date of the letter from Copes?

Also, do Copes give you a court name and case number for the matter in which they are applying for a CCJ? If yes to both, just tell me the court name.

Third judgment: 14 April 2008
At post no79 you refer to a CCJ dated 14 April 2008. Was that the only judgment revealed on your search of Registry Trust? If so, tell me the case number. It may be the case number for the application you made to set aside Lowell's judgment, in which case everything that could be done on that job has already been done and what's more Copes didn't get a CCJ after all.

If this information was obtained from somewhere other than Registry Trust, where did you get it from and do you know the court name and case number? If yes to both, just tell me the court name.

Other Judgments
If there were further judgments revealed off of your Registry Trust search, for the moment, just tell me the date of each judgment.

If you haven't got the results back off your Registry Trust search, tell me that as well, but please get on with the search ASAP.

Once I have this information, we can deal with the N244s. You've already used the N244 process to apply to set aside the judgment involving Lowell. The procedure for any other judgments will be just the same. It will be simple to follow and better still, you're going to be a celebtrity down at the local courthouse.

So maintain your cool and get back to me when you have answers to these questions.

x20

[saintly_1]

1. Data Protection Act, Subject Access Request letter - List of charges This can be amended to suit

saint

[bobneedhelp]

hello x20 and thanks.
I am trying to keep cool since this started some two weeks ago. I felt good outside but my mind and thoughts is not doing as told so I am feeling rather stress but still wanting to fight on if you know what I mean...anyway here is my reply to your questions:

First Judgment: Lowells
The first is the CCJ which I dealt with on your first thread started on CAG, concerning Lowell's judgment and which resulted in a charging order. That judgment is not for as much as £10,000.00, so the judgment you refer to in post no1 relates to something else.

This one is sorted with all your help and guidance in preparing the N244 and now case adjourned to end Oct for set aside and CO after. I will post in other thread as soon as i have replies.

Second Judgment: Copes
Copes only say they are applying for a CCJ. What was the date of the letter from Copes? Also, do Copes give you a court name and case number for the matter in which they are applying for a CCJ? If yes to both, just tell me the court name.

Yes to both - Court name Northampton CCBC and got case number and date of ccj date, claimant name

Third judgment: 14 April 2008
At post no79 you refer to a CCJ dated 14 April 2008. Was that the only judgment revealed on your search of Registry Trust? If so, tell me the case number. It may be the case number for the application you made to set aside Lowell's judgment, in which case everything that could be done on that job has already been done and what's more Copes didn't get a CCJ after all.

I got information by writing to Northampton CCBC. Second and third judgement are the same i.e. copes solicitors acting for claimant - arrowglobal. I have written CCA and Status Barred Letter to copes/transcom but not arrowglobal since transcom in their letters says that they are acting on arrowglobal behalf - was <10K suddenly claim more than 10K after ccj!

If this information was obtained from somewhere other than Registry Trust, where did you get it from and do you know the court name and case number? If yes to both, just tell me the court name.

I only e-mail to Northampton CCBC and did not get the information from the Registry Trust. I did not do because I need to pay online and I cannot. Now I will find someone who can pay for me if I need to at least know everything I can on any other ccj's against me (if any). I will contact Registry Trust and get the informations asap and will tell you immediately.

Once I have this information, we can deal with the N244s. You've already used the N244 process to apply to set aside the judgment involving Lowell. The procedure for any other judgments will be just the same. It will be simple to follow and better still, you're going to be a celebtrity down at the local courthouse.

I am not sure I will be a celebrity ...my hands are shaking and sweating, mind is floating here and there but reminding myself to stay strong and focus and deal with these dca's. Whatever comes of it, I hope to be ME again and be stronger once more - it's been long overdue with my stress/depression. I like to get to the bottom of this one day soo

This is NEW:
Today I received another letter from mackenzie hall offering me "Reduce Settlement Offer" ..to be paid by next week ..this was a claimed debt from lowell financial? lowell portfolio1?/red debt/hamptons legal.
I wrote CCA and Status Barred letter to lowell and hamptons legal with £1 postal order AND red debt have written back and RETURNED the 2 postal orders - What do I do now? And I will post the content of this letter in next reply (without names) so you can see and advise what to do next?

Thanks
bob

[bobneedhelp]

letter from mackenziehall
Reduce Settlement Offer
Despite repeated requests for payment by our client, the above account remains unpaid. Our client are unaware of any legitimate reason for non-payment. However, they are willing to accept a reduced settlement figure in order to draw the matter to a close.
Our offer of full and final settlement: xxxxx
To be paid no later than noon: date xxxxx
Payment can be made ....our client would prefer an amicable settlement, however, should settlement amount not be paid by the specific date, they will not hesitate to take such further action as may be appropriate.....
computer printed name

This letter and new name of dca just appears! Can they keep passing on my details just to make money? gosh!! How should i respond to this letter if at all since I have written the CCA and Status Barred letter to lowell /red debt and hamptons legal. They replied and returned 2 postal order and kept 1 of them. Does this mean they now have to provide me with the informations in 12 and 30 days = 42 days since they kept 1 of the postal order. Is this 42 consequetive days upon them signing and in receipt of the letters?

ok I have now looked at 3 dca's - now to the final one so far as I know.

dca is clarity and their appointed solicitors - wrote CCA and Status Barred letter both with £1.00 postal order and they returned both postal orders saying not that they no longer manage the account and that i should write to OC (i believe this dca bought the debt over from I am not sure who and when.
Today, I wrote again the CCA and Status Barred letter to the OC as give my clarity with the £1.00 postal order sent by 1st Class Recorded/Signed For Mail.

phew ..... I hope I have not miss out anything ....please tell me if i did ...many thanks

[bobneedhelp]

Do I now need to apply to get the ccj set aside ?
Do i also need to write to the Claimant arrowglobal with the CCA/Status Barred and S.A.R. As said, I have already written to copes (acting for arrow) and cbs transcom who says they are acting for arrow too. Tell me on next move.

[bobneedhelp]

saintly1
Thanks for visiting and directing me with the S.A.R. letter template.

[bobneedhelp]

I am very tired and will close my eyes and get some rest. Some friends is coming tomorrow to take me to their house for the weekend to have a break/go for a change of environment. So, I might not be able to get online but I will try to log on if possible. Otherwise I will be back after the weekend. Sorry if I do not reply if you have given me guidance/advise.

[bobneedhelp]

had some rest, came in to see what advise given and action I could take ...nothing as yet ...and it's alright coz I know you are all busy people too ...giving some of your free time to help me and others ....thank you all again for being here ...and helping me to go through this ...I will gain strength as the days go by with all your support ...thanks

[bobneedhelp]

Hello x20 ... I am home. Opened letters and one was from Northampton CCBC with an enclosed N244 for me to complete if i wanted to apply to get the CCJ set aside - please help as to what I should be putting in the application - especially for part c.
The papers from the court shows what I owe, when judgement was made and what additional money was added (court fees and solicitors cost) all in all this is over 10K ...gosh ..how did this sum became so much ...bump!

[bobneedhelp]

what is this S.A.R. letter? I have written CCA and Status barred letter to copes/transcom but to date I have not had a reply - the 12 days ends i think in sept 10 or thereabout? and they have another 30 days after this? to respond to me? and this date is around october 10? what do I do if i hear nothing?

[tinkerbell20]

subscribing

[bobneedhelp]

hi tinkerbel ...what do you mean by subscribing ...

[Multay]

Hi,

It just means that tinker will get an e-mail when there is a new post on the thread - That way he/she can keep an eye on you...

Sorry to hear you having so many problems but I'm sure X20 will help you sort them out...Good luck with everything..M