Back in 2004 I took a unsecured loan with a bank, few years later lost my job and struggled paying, got defaulted and arrears passed on to a DCA, debt got doubled,

Since I’ve been paying as much as I could afford till it got sold to MAR***s, started getting threatening and frightening phone calls and letters from MAR***s requesting full payment of this now large loan (which I half paid off before running in to difficulties), Calls were such that if I hadn't paid in full then they would take me up the bankruptcy route as a home owner I didn't want to lose my house, what about my children, this stressed both me and the wife out.

I heard of CCA who helped to negotiate a payment plan, and for several months I started paying them on their term Approx £100 a month more then we could afford.

Then all this PPI Stuff started and as I had PPI on the loan I wrote to the bank, only for them to return my cheque of a £1.00, stating they had no records and thus deemed loan paid or I could supply them details if different (which i didn't).

I stumbled across this wonderful informative site and wrote requesting my CCA from the DCA., they requested a whopping £10.00 pound for this which I know was for a SAR.

After 12+2 days Nothing, then almost two months later I got a copy of what I believe to be my CCA, 3 sheets.

Sheet 1 - with amount borrowed. APR charged, Amounts to be paid and dates,

Sheet 2 were I’ve signed for loan. and Sheet 3 signature for the PPI. but No terms or conditions attached

I read no T/Cs none enforceable agreement, and stopped paying them, 2010. I knew the DCA were in default, and had committed an offence with the delay of doc‘s,

for last 3 years DCA would call twice a week leave a voicemail and a put a letter in the post once a month asking to ring to arrange a payment plan which I ignored.

2013 NOW 3 YEARS LATER:-

January I receive a differing letter informing me a home agent will call, Again I ignored. 2 months later Monday 25 Feb I received a threatening and fighting letter stating, High Court Enforcement Officers have been instructed and will call.

SO....

Can High Court Enforcement Officers call ? As I have not received no court hearing letters.

And can High Court Enforcement Officers pursue such debt, (defaulted unsecured loan) for a DCA?

Please help I haven't yet contacted the DCA. wife's having kitten's she been watching the sheriffs are coming on TV and the powers they have and is worried sick.

what can I do or what shall i do.

PLEASE HELP ??

Unless youve had a court claim against you, you lost, you didnt kake repayments under court orders, you didnt go back to explain why, only then are bailiffs ever considered.

It sounds like you are being spoofed. To know for sure, check your credit record and also use trustonline and see if anything is noted.

Unless there is a CCJ which you have defaulted on they cannot act as bailiffs. By stating "High Court Enforcement Officers have been instructed and will call" they would be in breach of OFT guidelines & you should make a complaint via Trading Standards.

Just to be doubly sure, is there any chance that a CCJ may have been obtained using a previous address & have you checked with http://www.trustonline.org.uk/

Your subject Access Request should have been sent to the Original lender, from whom you had the loan.

I would suggest that you resend it.

Can you let us know who the Original lender was ?

Are you able to scan and post up a copy of the actual letter you have been sent ? Please follow the instructions below.

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file remove all personal

information, including barcodes etc using paint

but leave all figures and dates.

go to one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments

below that box

hit the add files button on the top right

hit select files,

navigate to your file on your pc

hit upload files

NB:you can set where

it goes in the post by hitting insert inline.

the hit reply button

We need to be absolutely certain what the letter says in order to advise you correctly.

Hi all.

Thankyou for all your replies.

Update and answer you your questions:

The account was defaulted and judgement obtained by the bank in 2003 which has since ceased, and therefore I believe correct if I'm wrong that you cant default twice or issue a CCJ twice.

I did send a CCA request to Bank who returned my £1.00 cheque and in a nut shell wrote back

“unable to locate any record of a personal loan, indicating loan repaid, therefore no agreement in place under CCA. Under the act, subsection (3) states that subsection (1) does not apply to - an agreement under which no sum is, or will or may become payable by the debtor“.

We only started paying as we were threatened with bankrupcy and threatening letters from DBA Solictors that we had 7 days to act.

when I stumbled across this site I educated myself and send them a CCA Request but they wanted £10.00 which was for a SAR.

Going back to the matter

I recieved a letter from the DBA that MAR***NS High Court Enforcement Officers and Bailiffs will call. (which worried us greatly), Yesterday MAR***NS High Court Enforcement Officers and Bailiffs wrote stating a Licenced Field Officer Will call, which I believe is harmless. However i have wrote to the DBA and MAR***NS High Court Enforcement Officers and Bailiffs, the standard letter of trespass and not to call, taken from this site.

Righto, well with the further information provided that there is a Judgment in place then I think that might change things slightly.

You say the Judgment was obtained by the Bank in 2003 ! Did you ever make any payments towards it ?

I think they need to return to the court to obtain a warrant to execute the Judgment and one wonders why there has been no attempt to enforce this before - it is nearly 9 years if your dates are accurate ?

I wil try and find someone to help.

Hi all.

Thankyou for all your replies.

 

Update and answer you your questions:

 

The account was defaulted and judgement obtained by the bank in 2003 which has since ceased, and therefore I believe correct if I'm wrong that you cant default twice or issue a CCJ twice. - I THINK THERE MIGHT BE SOME CONFUSION HERE - WHAT HAS CEASED ? THE BANK OR THE JUDGMENT? THE jUDGMENT IS ONLY SPENT/COMPLETE WHEN IT HAS BEEN PAID - IF NO PAYMENT HAS BEEN MADE OR NO ATTTEMPT TO ENFORCE HAS BEEN MADE SINCE 2003 THEN THE CLAIMANT HAS TO RETURN TO THE COURT TO FURTHER ENFORCE IT.

 

I did send a CCA request to Bank who returned my £1.00 cheque and in a nut shell wrote back

“unable to locate any record of a personal loan, indicating loan repaid, therefore no agreement in place under CCA. Under the act, subsection (3) states that subsection (1) does not apply to - an agreement under which no sum is, or will or may become payable by the debtor“. YOU MIGHT NOT UNDERSTAND THAT - ONCE A JUDGMENT HAS BEEN AWARDED THE ORIGINAL AGREEMENT CEASES TO EXIST THE JUDGMENT IS THE NEW CONTRACT - THEY ARE NOT OBLIGED TO PROVIDE A COPY IF A JUDGMENT IS IN PLACE

 

 

We only started paying as we were threatened with bankrupcy and threatening letters from DBA Solictors that we had 7 days to act. when I stumbled across this site I educated myself and send them a CCA Request but they wanted £10.00 which was for a SAR.

 

Going back to the matter

 

I recieved a letter from the DBA that MAR***NS High Court Enforcement Officers and Bailiffs will call. (which worried us greatly), Yesterday MAR***NS High Court Enforcement Officers and Bailiffs wrote stating a Licenced Field Officer Will call, which I believe is harmless. However i have wrote to the DBA and MAR***NS High Court Enforcement Officers and Bailiffs, the standard letter of trespass and not to call, taken from this site.

Have added some comments in red.

I think you may find that Marstons are only operating purely as a debt collector. They will be using their ordinary letter heading to lead you to think differently. If they were operating as HCEO's they would not forrewarn you of any visit and they certainly would not be a Licenced Field Officer. For the avoidance of doubt then please as suggest earlier upload the letters you have.

Debts regulated by the CCA cannot be passed to the high court. Only county court bailiffs could be used and as far as I'm aware they do advise that they will call. Don't let them in and make sure your car(s) are away from home. (Assuming a CCJ is in place)