Solicitors Letter Received

nannamoon1 · 14th February 2007, 11:45

I have just received this letter from GPB Solicitors, after requesting the CCA, although the 12 days are not up until tomorrow, can anyone advise if I should write back. i am not sure if the debt was brought from Next in 1993 or the Solicitors are just acting on behalf of Next.

Dear Madam,

Re: Claim number XXXXX

Thank you for your letter dated 7th February, with enclosed Postal Order in the sum of £1.00.

We will ask our clients if they still hold a copy of the Agreement you refer to but must point out that your contractual liability has been embodied in a judgment since 16th November 1993 and it is unlikely that our Clients will hold any documentation after this length of time.

Yours faithfully

Geoffrey Parker Bourne

This debt was never taken to court, as I ran GPB just before I sent the CCA as I wanted to make sure.

Can anyone help please

djweeble · 14th February 2007, 17:35

Write to GPB asking for full details of the CCJ they alledge was obtained against you, and see what they come up with.

lookinforinfo · 14th February 2007, 18:01

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,

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

nannamoon1 · 14th February 2007, 19:25

lookinforinfo

I have been in the loft as I wanted to wade through some old paper work & it does appear that the debt is a CCJ

I have been paying £7.00 a month.

Now do I still send the above letter?

I have 4 debts that date back to 1992/3 these were the result of a marriage break up. I will be up in the sky before these are finished lol they are never going to clear. I cannot believe that I have been paying them regularly for the last 15 or so years

The other 3 are with IJ & CSL and are not CCJ's I did ring them up, must of thought I rang GPB but obviously didn't.

lookinforinfo · 15th February 2007, 04:56

No don't send the letter yet. Are you saying that you are still paying £7
a month?

nannamoon1 · 15th February 2007, 14:36

lookingforinfo,

Yes I am still paying £7 monthly, this debt is so old I cannot remember much about it, all that I know is I have been paying £7 to GPB for the last 14 years LOL, I have no CCJ paper work, I found an old debt book in the loft which then told me it was a CCJ

Of course as this is so old I have a clear credit history, I know that CCJ's can be enforced and obviously this would mean an entry on my credit file. please advise?

On to another 2 of these debts I received 2 letters this morning from Intrum Justitia in response to my CCA (these 2 are not CCJ's I double checked with IJ yesterday) this was there response.

Dear XXXX

Thank you for your recent communication.

Unfortunatly we are unale to provide you with the Information that you have requested and in the light of the Information contained in your letter, I can confirm that the above account has been returned to Great Universal Stores and that you will receive no further telephone calls or correspondence from Intrum Justita in relation to this account. Any further enquires you may have with regards to your requests, must be forwarded directly to Great Universal Stores.

A cheque for the £1.00 fee you enclosed for the requested information will be returned to you under separate cover.

If you require any further assistance, please do not hesitate to contact 0151 472 7103.

Yours sincerely

xxxxxxx
Business Support Manager

Where do I go from here, They have been taken my money for 14 years and do not have to seems never had the Credit Agreement. (I have 2 of these letters as I have 2 accounts with them)

Help Please on both GPB & IJ

falcon185 · 15th February 2007, 15:54

WOW!!! 14yrs at £7.00 per month equates to £1176.00. How much was the original debt???
I would consider sending them an S.A.R. dont forget the £10.00 fee, send recorded as always, although I'm not sure if the 6 yr rule applies with this but ask for ALL documents and statements right back to the beginning and see what they come up with, you may have been paying when you didnt need to and you might be able to claim something back, thats probably why they have sent you the letter from their "In house" solicitors to make it look more official? Worth a shot?

nannamoon1 · 15th February 2007, 16:24

Falcon the £7 debt is regarding the first paragraph regarding Geoffrey Parker Bourne and I sent a CCA to them and they sent a letter back (reply in thread)
Did not realize that this debt was a CCJ and waiting for someone to come along and give me some advice.

There are 2 other debts going back 14 years as well both with Intrum Justitia I sent them a CCA and the reply came today, see above. These debts are from a marriage break up - the £7 debt for your info. LOL still owes over £1,200 approx I will be high in the sky by the time this GPB CCJ debt ends

falcon185 · 15th February 2007, 16:37

As that debt has a CCJ I would continue paying it, the other two seem to be statute barred if they arent CCJ's on those accounts and you havent received any correspondence or made payments on them in the past 6 yrs. If you receive any further letters in relation to the other two that dont have CCJ's I would then write to them informing them that they are Statute Barred. So long as you keep up your payments on the CCJ they cannot adjust or ask you to pay more than your already paying without applying to the court but if your circumstances are still the same then the Judge wouldnt increase it, I doubt they will try that though. Hope that helps in some way.

nannamoon1 · 15th February 2007, 16:48

Falcon,

Sorry I forgot to mention that the other 2 I have been paying for 14 years as well LOL I sent a CCA to IJ and the reply is above.....that I received this morning, I have been paying them around £5 between them, but I thought IJ bought these debts but it appears not according to their letter. I can action IJ have a read of the letter and let me have your thoughts.

Thanks

falcon185 · 15th February 2007, 16:55

Ok, so they cannot comply to your CCA request, if its gone over the 12 days (+2 for post ) I would personally speaking, not make any further payments, I would then send an S.A.R. to Great Universal asking for copies of ALL documents and statements they hold in relation to your account, or just sit tight and wait for them to contact you and see what they say first? Then again, you might hear nothing, silence is golden as the saying goes

nannamoon1 · 15th February 2007, 20:36

Just been reading through some of the debt threads, please correct me if I am wrong, but as Intrum Justitia do not have a copy of the Agreement, surely they have been taking my money illegally for the last 14 years, is there a letter to send stating that they had no right to collect the Debt on behalf of Great Universal & Gratton (I have 2 debts with them) without the Agreement.

Where do I stand though as they have now returned the debts back to Gratton & Great Universal (as per their letter above)

Any help would be much appreciated

PriorityOne · 15th February 2007, 21:57

Quote:

Originally Posted by nannamoon1

Just been reading through some of the debt threads, please correct me if I am wrong, but as Intrum Justitia do not have a copy of the Agreement, surely they have been taking my money illegally for the last 14 years, is there a letter to send stating that they had no right to collect the Debt on behalf of Great Universal & Gratton (I have 2 debts with them) without the Agreement.

Yes, I would agree with you. I have a similar scenario with Moorcroft, who have been taking payments for 4 years. The criminal offence element of their CCA default kicks in on Monday... at which point, I will send a letter inviting them to comply with my request for a refund. If not, they will get an S.A.R - (Subject Access Request)... and then proceed through the legal channels.

nannamoon1 · 15th February 2007, 22:59

Priority,

As per the letter that I received from IJ today, (the 12 days are not quite up yet) they state that they are going to return the debts to Gratton & Great Universal, & return my £1 via a cheque.

Now as IJ have written to me before the 12 day is up does this mean they are not liable to produce the Agreement, even tho they have been taking my money for 14 years, I have no Idea how much I have paid them back, or do they still have to comply with my request regardless.

where do I stand also the fact that they are now returning the debt.

Am I now able to write to IJ and inform them that they had no right to collect a debt for the last 14 years and demand they pay the money back? If so how on earth would I know how much to ask for? Also would I be able to claim Interest? LOL

I am going to take this all the way as I remember that they made my life hell.

Let me know how you get on, yours is a very similar case.

PriorityOne · 15th February 2007, 23:10

Quote:

Originally Posted by nannamoon1

Priority,

As per the letter that I received from IJ today, (the 12 days are not quite up yet) they state that they are going to return the debts to Gratton & Great Universal, & return my £1 via a cheque.

Now as IJ have written to me before the 12 day is up does this mean they are not liable to produce the Agreement, even tho they have been taking my money for 14 years, I have no Idea how much I have paid them back, or do they still have to comply with my request regardless.

where do I stand also the fact that they are now returning the debt.

Am I now able to write to IJ and inform them that they had no right to collect a debt for the last 14 years and demand they pay the money back? If so how on earth would I know how much to ask for? Also would I be able to claim Interest? LOL

I am going to take this all the way as I remember that they made my life hell.

Let me know how you get on, yours is a very similar case.

Yes, they are still obliged to comply with your request, whether they choose to return your cheque or not. The fact that they are returning it to Grattan and GU indicates that they haven't got it and can't comply. They could be telling porkies and not be returning the account at all.... so, if you get nothing back from Grattan/GU, then you will know that they probably were.

Although mine defaulted after 12 days, I have chosen to wait the extra calendar month for them to also commit a criminal offence in not complying. That way, they have had ample time in which to locate the CCA.. and have broken the law as well

If you hear nothing from Grattan/GU after the 12 working day default + one calendar month, I would then send an S.A.R - (Subject Access Request) to IJ to find out how much they have collected from you over 14 years, reminding them of their legal obligations, etc. However, if Grattan/GU do contact you, then that scenario won't apply.

I don't want to get your hopes up.... so wait and see what happens.

lookinforinfo · 15th February 2007, 23:17

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)

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