Solicitors Letter Received

[PriorityOne]

Originally Posted by nannamoon1

I have no doubt that it will be easy, but there are plenty of peeps on here like yourself that are more than willing to help and guide you through the process to the end.

I am always come on here, there is just so much information, I thought that I was reasonably knowledgeable about life until I found this site, but it seems I am only a small fry.

I have not started to claim my bank charges back yet although they are only £40 - £50 over the 6 years, but I am going to claim, somebody told me on here they claimed back £65

It is an addictive site !!... and it's a relief that we are all here for one another. I spent too many years feeling very alone with all my financial burdens, but they are slowly melting away. Thank you for the rep. and good luck with the bank charges.

[nannamoon1]

Pleasure,
pm me to let me know how things are going & I will keep you up to date.

I was very young when I fell into debt & I did learn my lesson, I was petrified at the time, thought that you could go to prison LOL

[PriorityOne]

Originally Posted by nannamoon1

Pleasure,
pm me to let me know how things are going & I will keep you up to date.

I was very young when I fell into debt & I did learn my lesson, I was petrified at the time, thought that you could go to prison LOL

I will keep you posted .... Debt is incredibly stressful. I used to say I would be dead before getting out of debt (not any more though ).

[gizmo111]

There is no such thing as an expired CCJ - it is either satisfied or current.

Originally Posted by lookinforinfo

Nannamoon, I have amended the letter

Dear Sirs,

Re your claim xxxxx
Thankyou for your letter dated 14th February.

I have asked you to comply with my CCA request. The Act does allow you
not to produce the documents if the debt has been satisfied s77[3]. No such
allowance is noted in the case of an expired ccj.

In any event, it has just come to my attention that I am able to challenge
the contract whether a ccj exists or not, and for that reason I do require
sight of the document.

Yours Faithfully,


The matter that has just come to your attention is the case below where a lady successfully got her debt quashed because the amount of her loan had
been incorrectly entered on her contract. So you do need to see the agreement to ascertain that your agreeement is in order.
McGinn v Grangewood Securities Ltd. [2002] EWCA Civ 522 (23rd April, 2002)

[lookinforinfo]

Originally Posted by gizmo111

There is no such thing as an expired CCJ - it is either satisfied or current.

Are you saying that a ccj lasts longer than six years?

[gizmo111]

Originally Posted by lookinforinfo

Are you saying that a ccj lasts longer than six years?

Yes a CCJ can be enforced in theory for ever - doesn't become statutue barred -

[nannamoon1]

God this CCJ is getting so confusing

Was about to post the letter that looingforinfo drafted for me.....

Ok I thought that I would give the County Court a call to see if I could be sent any paper work for the so called CCJ that I am paying to GPB Solicitors £7 monthly and have been for the last 14 years.

I have been told by the court that they would not have any records of the CCJ and they were not computerised back then so all the paperwork would have been destroyed.

I told her that I was still paying the CCJ to GPB and they had no paper work either and surly as the debt still had an O/S balance someone must have records. she replied "well we do not have any records going back that far"

I asked her what would happen then if I just stoped paying...she "replied that they could not take me back to court as I had already been" I believe that this is not true. please advise

Anyway what do I do now GPB appear to have no records and have wrote to Next Retail to see if they have a copy of the Agreement, but as stated in their letter, this is unlikley. GPB state that my contractual liability has been embodied in a Judgement since November 1993, but it appears at present nobody can produce any paperwork.....HELP

lookingforinfo, do I send your letter or is there another letter worded differently that I should send.

Its a good job I am off work at the moment after having a operation on my knee.

[PriorityOne]

Nanna... I would have thought that if no-one has any record of the CCJ, then nothing can be done to enforce it. That's my logic... but I am no CCJ expert...

[gizmo111]

I would ask them for proof of the CCJ.
Hope your knee recovers well.

[nannamoon1]

Gizmo,

Ok do I wait for the 12 days to expire which i believe is today to ask for proof of the CCJ or shall I wait the further month. Is lookinforino's first letter ok to send?

All I do not want to happen with this one is to be taken back to court, as my credit file is clear.

Do I keep paying the £7 per month to GPB or do I stop?

[PriorityOne]

Another q... If the court can't even find the CCJ details... how can it be enforced if payments were to stop ?

[gizmo111]

Originally Posted by PriorityOne

Another q... If the court can't even find the CCJ details... how can it be enforced if payments were to stop ?

Depends if the DCA have a copy of it or not - which they probably don't.
I would ask them to supply all docs they have including the alledged CCj and statments and go from there - if they can't produce anyhting and you have been paying for a long time probably more than you ever owed - how can they enforce it anyhow?

[nannamoon1]

I will send a letter today and see what happens.

I told myself that I would not come on here until this evening, this place is so addictive, and such nice helpful peeps.

Thank you for all you help, much appreciated, back later

[lookinforinfo]

Gizmo, I am not sure that we are talking about the same thing here about ccjs.
A ccj shows on ones file for six years. Thereafter, it is removed from ones
credit file. Once a ccj has been established, you will be unable to dispute that there is a debt but you can dispute the amount. And if the ccj is more than six years old then it may require an order from the Court to enforce the debt.

[nannamoon1]

Originally Posted by lookinforinfo

Try this

Dear Sirs,

Re your claim xxxxx
Thankyou for your letter dated 14th February.
I am at a loss though to understand their contents. I have been assured that
no ccj has ever been applied to my debt. I would point out also that under
the Limitations Act 1980, that even had one been applied, it would have
expired some eight years ago. Under the Data Protection Act 1998, the
Sixth Principle states that no personal data should be kept longer than is necessary. So are you saying that you are in breach of that Principle, and if
not, then surely the original agreement should also be in existence.

I have asked you to comply with my CCA request. The Act does allow you
not to produce the documents if the debt has been satisfied s77[3]. No such
allowance is noted in the case of an expired ccj.

In any event, it has just come to my attention that I am able to challenge
the contract whether a ccj exists or not, and for that reason I do require
sight of the document.

Yours Faithfully,

...................

lookingforinfo

I am about to sent this letter you kindly drafted for me, is this one ok???