Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


+ Reply to Thread
Page 1 of 2 1 2 LastLast
Results 1 to 20 of 34
  1. #1
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Angry unknown LInk CCJ re Barclaycard debt - now after charging order

    Hi
    I've been helping someone with their debts and managed to get most of them into a plan or written off due to mental health issues and advice from CAB,

    today we have received a lettericon from a firm of solicitors along with a list of creditors (and credit file) with said persons name on...
    then to find out several family members have received a copy as well..

    this person owns the property they live in..
    the debt in question is 2k for an old credit card debt that got sold on and sold on
    we had asked for a CCA Requesticon back in may of last year and
    again in june (14 days after the first request) neither request was responded to..

    fast forward to this year
    a solicitor wrote informing they were pursuing for a ccj..
    again we requested CCA Requesticon from the DCAicon that purchased said debt and nothing..
    even sending a templateicon including postal order to the solicitor involved who never banked the postal order but never returned it either
    just sent a statement of account not the cca request..

    just curious as to why they would send several family members copies of this persons debt file as it were and financial details when they have no interest or legal obligation to the house the person lives in.. and is or could this be construed as a drop the ball type thing and dpa breach and report to SRA or law society..

    the relatives that received said copies were ok about it just decided to discuss the business with people everywhere..
    as they do like to gossip..

    my question ultimately is
    Link financial failed to respond to a CCA request,
    Kearns Solicitors failed to respond to a CCA request..
    and now they've applied a charging order
    or tried to and cc'd in the family so to speak..
    is this even legal?

    what are the next steps..
    and could some one point me in the right direction because my head is spinning..
    between gossips discussing this person business driving their mental health into a further state of depression
    (also has bpd and trying to keep them calm so as not to trigger)
    a bpd episode..

    many thanks in advance

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0

  2. #2
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.15 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    let me guess
    a Barclaycard debt?

    they cant get a charging order with first getting a CCJ...

    so what ARE they actually going on about please
    scan the letters to PDFicon
    read uploadicon

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  3. #3
    Site Team fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Oct 2011
    Posts : 7,566 (3.40 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    I really want to see what they have sent - IF its true what they have sent then they could be had for breakfast.
    Are you SURE that its a credit report thats been sent.? Who sent it?

    Need more info.


  4. #4
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    i will update in the morning as its been a long long day
    but the long and short of it is i sent a CCA Requesticon it was ignored..
    . as i pointed out above..
    then the solicitors 'kearns' said i did not include a postal order which i did and they never banked only sent a statement of account then proceeded with a ccj..

    we received zero notification about that either until this paperwork arrived today..

    so now its a charging order.
    .(i assume its a charging order they have gone for after digging about online and finding out this is not the first instance of them doing so)

    fine ok i'm still waiting for the CCA Requesticon from both link and kearns..

    but i'm confused as to why they would write to the persons' relatives include a copy of the credit file..(46 pages in total) details of the whats left of the mortgageicon on the property...

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0

  5. #5
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.15 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    so they got a CCJ against him
    sent to an old address and he knew nowt about it?

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  6. #6
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    no other address involved.
    . although there is an identical address within the same city..
    same street name same city just opposite ends but only difference would be the post code and obviously name on property.
    . although the other one is a commercial property.

    . and why on earth would they inform family members of financial details to this person when they have no financial links to the person owing the money if indeed they do owe the money

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0

  7. #7
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.15 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    well that's not the issue is it

    the issue is
    the poor bloke has a CCJ
    they are now going for a charging order
    and he doesn't have a leg to stand on.

    so if you were dealing at time
    blindly sending CCA requests etc etc
    what happened when you got the claimformicon [big brown envelope from northants bulkicon court?]

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  8. #8
    Site Team fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee Authoritative fkofilee's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Oct 2011
    Posts : 7,566 (3.40 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    Agree - Deal with CCJ and Charging order first, then deal with DPA Breaches later...
    Answer DXs question id day on this one...


  9. #9
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    nothing received about a ccj claim formicon i know to log on to moneyclaim and defend their and click enter defence then ask for a cpr31.14 from whoever is bringing the claim and zip nada nothing..

    with regards to CCA Requesticon

    i sent 2 to link financial they never opened the letters simply returned via royal mail unopened as i sent them may and june last year recorded delivery

    i thought maybe i'd got the address wrong the first time but, obviously not after digging about online and on [removed] they are known to do this.....

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0

  10. #10
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.15 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    oh god you've not been following that fmotl twaddle have you...

    its funny the claimformicon is the only doc that appears you didn't get
    as there would have been a pre action letter of claimicon too?

    have you got a copy of the CCJ ?

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  11. #11
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    nothing as yet..
    will go through all the paperwork in the morning..
    and no only messed with something along those lines once..

    i'm a firm believe in telling creditors that i have no money
    here is my budget for the money
    either accept token payments or right it off..
    successful up until now and with several cca requests..
    fmotl messes ya head up..

    the money claim online was advice give by both cab, mas, and national debtline i think it was.
    . this is the only company we have had issues with it seems.
    . all the others accepted this person has severe mh issues and quite happily wrote off most of the debt or closed accounts with an unsettled balance but agreed to not pursue for fear of causing distress..

    i used a templateicon from a site regarding mh issues and writing off debt it could have been mind to be honest..

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0

  12. #12
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.15 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    well that's link for you sadly.

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  13. #13
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    so by clicking the link for the defence was a cock up of endless proportions then? arghh smh.. can this still be argued with and brought back to pre ccj and possibly a f&f agreed for this debt..

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0

  14. #14
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.15 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    no I meant that's LINK [DCAicon] for you.

    dx

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  15. #15
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    ahhh sorry long stressful day going round in circle with this x so i've once again sent a CCA Requesticon to link financial and again to kearns this time via special post (£6.50 for 2 letters) so they cannot deny receiving anything again.. just wondering what my next move would be .. this poor woman is beside herself as her financial details are now common knowledge.. including accounts frozen.. settled etc it just doesn't make sense

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0

  16. #16
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 49,519 (13.26 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    Thread moved to Financial Legal Issues...please continue to post here to your thread.

    Regards

    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  17. #17
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.15 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    why don't you ring northants bulkicon
    ask for a copy of the CCJ and the claimformicon by email PDFicon

    lets see when and where they filed this

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  18. #18
    Site Team mariner51 Highly informative mariner51 Highly informative mariner51 Highly informative mariner51 Highly informative mariner51 Highly informative mariner51 Highly informative mariner51's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jan 2011
    Posts : 2,758 (1.10 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    OP you appear uncertain of every thing (CCJ, charge on property etc) and may be out of your depth on this. Creditors deserve more than a 'token' payment but what debtor can reasonably be expected to pay.
    Why did yo send a Postal Order, which can be cashed by anyone at a PO with min checks, rather than a traceable Bank cheque?


  19. #19
    Basic Account Holder Haunter Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Sep 2017
    Posts : 52 (0.74 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    What date was the ccj (the default judgment) awarded against your friend?

    Your friend needs to make an application on form N244icon to apply to have the judgment (the ccj) set aside on grounds that the claim form (N1) was not served on him/her, the defendant.

    Evidence on your friend’s credit files of the ccj is not proof that the claim form was served on her/him!

    This application must be made to the court where judgment was entered against the defendant (it is most likely that the claimant obtained judgement by default as no acknowledgement of service was filed and no defence filed against the claim).

    In relation to the charging order, at present the judgment creditor has an interim charging order and there is going to be a hearing for a final charging order.

    Your friend must file and serve his/her response to this action by way of a witness statement, and set out the facts that the claim form was never served and that he/she has applied to have the default judgment set aside, and also set out the fact that the original creditor and this judgment creditor have never responded to the CCA Requesticon and that as a matter of law the credit agreement relied upon cannot be enforced.
    Set out the relevant sections of the CCA 1974 which clearly state that a creditor cannot enforce the credit agreement if he has failed to comply with a CCA Requesticon.

    The default judgment is irregular and the judgment debtor is applying for a set aside, for reason of these facts the judgment debtor requests that this court stays the proceedings on the final charging order pending the outcome of the set aside application.

    The set aside application should be made ASAP! There is a court fee of £255 payable to the court for this application (N244icon).

    Get the set aside application filed and issued (sealed by the court) as a matter of high priority and serve a copy of the sealed application on the judgment creditor, and also serve a copy of it with your friend’s witness statement objecting to the final charging order!


    The witness statement must be in your friend’s own words, and verified by a statement of truth, signed and dated, and then filed to the court and a copy served on the judgment creditor (serve on his representatives – his solicitors named in the charging order application).

    Does your friend have any evidence to prove that a CCA request was made and not responded to?

    What date has been set for the final charging order hearing?

    Please forget about making any complaints on any other matters for now, and concentrate only on the above important paperwork!

    Do you know if there was any PPIicon on your friend’s credit agreement for this £2k?

    Haunter


  20. #20
    Basic Account Holder lilyx0xmunster Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jan 2010
    Posts : 123 (0.04 post per day)

    Default Re: unknown LInk CCJ re Barclaycard debt - now after charging order

    N244icon and ex160a downloaded and filled in as on esa for mental health issues and memory loss as a result of a cva sepsis strokes kidney failure etc..

    as for CCA Requesticon i have sent another request yesterday to both the solicitor involved and Link aka IDR finance with a stern letter of complaint

    i have now this morning obtained all copies of the letter sent out and thankfully have copies of a ccj claim and judgement given on 21st September 2017..

    this is an 'interim order' we have 28 days to file an objection which of course i will do..

    however i know whole heartedly this person has not received any of this paperwork other than a letter back months ago when they said they were now acting on behalf of Link and i requested a CCA Requesticon then and nothing was ever received

    Cabot Financial they came they didn't stay and they left rather quickly

    Lloyds Tsb - bye bye

    Lowell Financial - bye bye

    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details