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  1. I have a situation whereby a CCJ and Charging order were obtained against me and my a few years ago property by a firm of solicitors acting on behalf of a well known Bank - (no names - no pac drill) Recently the bank were asked to supply a copy of the original Signed Credit agreement, and despite repeated requests, they have failed to do so. In this situation, the debt is, as far as I'm aware, unenforceable. Is it possible in these circumstances to have the Charging order and CCJ removed? (I didn't contest either the CCJ or Charging order at the time as I was too ill) Id be very grateful for advice on this one! Many thanks.
  2. CCA done. SAR tomorrow. Many thanks, I'll keep you posted!
  3. No. It was another account which had been paid. These three are outstanding, but I have had no proof from any of the agencies that they are entitled to collect any alleged debt from me. Thought it was worth a try.
  4. Thanks. I'll give it a try. If I remember rightly it was an overdraught facility agreed in writing anyway.
  5. Er... Not yet (oops) I was just wondering why the CCA can't be used, and what the alternative is. Is it more enforceable being an overdraught? There will be an overdraught agreement somewhere presumably.
  6. I sent this letter: "Dear Sirs I have recently had an incident whereby a fraudulent attempt was made to collect an alleged debt which had already been paid in full. I do not acknowledge any debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a cheque made out for a £1 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours Sincerely" to the following agencies: Newman and Co acting for Morgan Stanley Mercers Ltd, Acting for Barclayloan and CSL acting for Barclaycard All sent special delivery on 5th May, all cheques cashed within a day or so, and to date, not a squeek. (Usually CSL are on the case within a day or so if a payment is late, and I haven't paid them anything since the letters) Just wondering what to do next.....
  7. It's for just over £2300. So should I try a CCA request with them or just a letter asking for proof of ownership of the debt? (They say they have actually bought the debt) As a little aside, is there anything under the freedom of information act whereby I can require the bank or dca to disclose how much the debt was sold for?
  8. It's now been passed to Lowell Financial They are trying to get heavy straight away with persistent phone calls and threats of a doorstep visit. Why are Overdrafts not covered by CCA and what options are open to me with that one? Many thanks.
  9. Ah! I've been paying instalments on DMP for 5 years. Just got a bit sick of Wescot getting heavy. Barclays have used about 5 different agencies for this one over the last few years, I've been paying £5 a month and I think each agency gets sick and realises there's no profit in it so they give it back to Barclays!
  10. It's not actually Barclaycard, it's an overdraft I had on a current account with Barclays Bank.
  11. Thanks for that. They said they were acting for Barclays. Don't Wescot commit an offence by not supplying the required info or are they allowed to just cop out?
  12. Hi! My first post here, and probably one of many! Wescot have been getting a little heavy, and sent me a letter purporting to be from a firm of solicitors called Nelson Guest and Partners, who had an address in Sidcup, Kent, but the address on the back of the envelope was in Hull! (The same address as Wescot) I sent a request to Wescot on 26th Feb, asking them to provide the credit agreement docs. I received a reply, dated 13th March, as follows: Further to your recent correspondence regarding the above account. Following your recent request for a copy of the signed credit agreement, we can confirm we have returned the account to our client. Please contacet our client direct for the information required at the following address. Branch Recovery Unit 1st Floor Astley House Quays Street Manmchester M3 4AS Trusting the above clarifies the situation. Yours faithfully Miss E Stansfield Accounts Collection Controller. Having read various threads, I am assuming that Wescot are now in breach of the CCA, as they have failed to provide the required documentation. Am I correct? and if so, what should I do next? Many thanks in anticipation. p.s the original creditor is Barclays.
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