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Everything posted by lemma1968

  1. Just realised that that is exactly what it is for. It's not a sure thing but most District Judges are sympathetic if they know you are not just trying it on.
  2. You will probably have to apply to the court to have it set aside, i'm sure the form referred to will assist. Once you know what the CCJ is for, CCA the creditor if it is relevant and that will give you more time and a possible defence. Please feel free to click on my scales if I have been of any help.
  3. Why did they need a copy of your signature again? any dodgy dealings going on here?
  4. It really depends upon which agent you are dealing with. if they are charging you a fee the odds are that they are checking with equifax or eperien or are doing it through another agency.
  5. Your own posts do have that box next to the quote box - you can see it against yours but we can't. we can see the same box against our own posts only. It allows you to edit your own posts if you see anything you want to change. If i have been any help please feel free to click on my scales:D
  6. Good luck Bluetack. hope all the advice makes you a winner.
  7. What happens if they converted that overdraft to a loan with an agreed repayment scheme - would they then need to come up with a CCA confirming that or can they say that its an overdraft so falls out of the CCA s77-79? This is what happened with me.
  8. I suspect that this is inconsistent with the Civil Procedure Rules and County Court Rules and I would be interested where such a claim that it is not enforceable even with a court order is written in statute? Is it in the Consumer Credit Act? If so where? A statement from the OFT is not sufficient to override statute or CPR. If it's right then there will many people throwing parties on this site...maybe including me. Thats why I'm being a bit pedantic.
  9. which means that they still have to pay the judgment as it is the debt that is the subject of the Court order. You can complain all you like to the relevant authorities but whilst the judgment exists the debtor will remain liable unless and until it is set aside. I should pm laiste if I were you and then you will find out exactly where you stand. This has been covered in many threads and the consensus of opinion seems to be that if you have a CCJ entered against your name for a debt then there is little point in CCA'ing. Do a general search to find the thread or if Laiste is not available then try Rory32
  10. I'm not sure about that at all. The whole purpose of it going to court is to prove the debt is owed and owed by you and make it enforceable in the first instance . If they got judgment by default then you would either have to appeal or apply to have the judgment set aside in order to challenge paying it should they come wanting you to honour the judgment. And bearing in mind the length of time since judgment you may have difficulty. You cannot just say "oh well I know you got judgment against me in 2002 but cos you cannot find the CCA i'm not paying it" A court order IS a court order and remains binding until set aside. They may be some mileage in arguing the CCA if they seek to take you back to court to enforce the original judgment, but an enforcement hearing is not a rehearing of the original claim.
  11. Rory may be able to help here but i am not confident enough to say that such a request does not amount to some form of contact that may get the clock ticking again...i think people's experiences may assist here. It probably does not but I will step back for the more knowledgeable to comment. If she were to make them an offer then that would most definitely start the clock ticking again from day 1 (if it has not previously been done). And if they come back with a fomr or want to start negotiating then I suspect that would count too. This is a case where i would advise against poking the bear as it were.
  12. It does not matter that you have previously acknowledged it cos you are not now and you are effectivelky putting them to strict proof on the terms and conditions of the agreement.. If they cannot prove it in very explicit terms (if they send you one then scan it in and someone will assist on its enforceability) then it may be game, set and match to you. Depends on various issues. But you have nothing to lose by CCA'ing it, and possibly everything to gain. If I have been of help then please feel free to click my scales!
  13. Has this debt been either acknowledged by you or any payments been made in the last 6 years? If not then it may well be statute barred and it cannot now be pursued by the creditor or DCA. If that is the case then I would not bother CCA'ing them cos if you are still just within the 6 years it may make the 6 year clock start ticking again....but from day1. I would leave well alone at the moment if I were you. If i have been of any help at all then please click my scales!
  14. Also, i bet if you check the card that they "sent" you you will find it has a franking mark or something on it. DCA's never tend to call (costs too much) but they send out cards saying that they tried to call earlier today but you were not in, it's a common tactic by MBNA etc and it's also a tad naughty and they should be reported for it. Keep the cards.
  15. How did the debt come about and how long ago was it? It may be worth CCA'ing them to put them to proof of the agreement and it's terms etc. Cashing a cheque is not generally regarded as automatic acceptance of the offer of F&F settlement, you always need to reach agreement BEFORE sending payment.
  16. I would never advise anyone to lie on a credit check, if it goes pear shaped then you have a lot to lose. Furthermore, as part of the credit check they will check the electoral role and if he is not on it then they may still query it. There are a couple of things you can do legally to help....maybe. The first is that you can ask someone to act as guarantor for him. This would mean that the person standing in as guarantor will be credit checked and they will have to sign a part of the lease that means they would have to pay the rent in the event that you did not pay up. The second option is that you pay 6 months rent up front i.e. for the term of the assured shorthold tenancy. If you take this route then beware that the agents will pass all monies to the landlord up front and if he goes belly up or there is an issue you may find it hard to get the money back. Also, on a plus note if all is ok in that 6 months they may just renew without recourse to a guarantor, or it could go month to month so not be an issue. Hope that helps. If i have been of assistance then please click my scales.
  17. If the debt has not been acknowledged by you in the last 6 years , and you have made no payments in the last 6 years then they have no right to chase you for the money because the statute of limitations prevents it. Can you remember when you last either made a payment and/or acknowledged it in any way (i.e. wrote to the lender about it)?
  18. Just wondering if you have heard anything else from anyone about this? I'm dealing with Fredrickson but I note they kicked your file back to the original lender. Any progress?
  19. In the grand scheme of things £77 is not a lot to get these vultures off your backs for good. If there really is a question mark over the legality of the cancellation then it may be worth just doing that rather than facing the stress and strain every day of an ongoing feud with these people and the possibility of court costs on top. It can be done without conceding anything saying in writing that there clearly has been a misunderstanding here as to what constitutes a valid notice of termination and you are prepared to settle on the basis that they remove any default (if there is any) on your credit file. There are times when principles have to take a back seat in favour of a stress free life.:-| I am big believer in knowing when to pick your battles.
  20. Is this Dragons at yeadon by any chance? Golly, it has changed name again? I used to be a member when it was The Manor. Now they have sold out to LA Fitness have they? Typical. They will not doorstep you, its a con and an attempt to get you to ring and cough up. If you have kept to the terms and conditions re cancellations then they have no grounds to seek any more money. Your agreement was with Dragons, not them so they cannot force you to agree their terms if they differ after the fact in my view. I may be wrong. Do NOT ring them again. Do all contact in writing and via Special Delivery.
  21. ODC you are sooooooo naughty:lol:
  22. Nappy brain...could not see for looking. Happens now and again.
  23. sorry Ginger what are the facts of yur case? What type of loan etc was it? I'm sorry of i have missed it but maybe some more info would assist, or maybe start a new thread so that people can concentrate on your position and not get confused. Oooops, just found it. I am sure that mobile phone agreements are exempt. Rory32 will be able to confirm. Make them an offer in writing. DO NOT TALK TO THEM.
  24. We moved into our rented house in November last year under a 12 month lease. In March this year we received a letter from solicitors acting for the mortgagees saying that they were taking my landlord to court for repossession of the property. It seems that he had not been paying the mortgage. We panicked intially, especially when researching the law we found out that we had no leg to stand on as the landlords had not sought the permission of the building society before renting it out, and this BS did not do buy to let mortgages. Had they done, they may well have honoured the lease. Otherwise they do not have to, in fact will not, and their mortgage takes precedence over the lease. Fortunately, they came to an agreement so proceedings were halted but it i found it frustrating that tenants are credit checked to within an inch of their lives yet landlords can get away with murder.
  25. Smashedbobo, you really have nothing to lose by contacting these people. it sounds to me as if you are still burying your head in the ground and hoping they will go away. Just think, your new partner will not be best pleased if you are served with a stat demand and you have not let on to him. Relationships are about trust. Oh, haven't you moved out of that address now as well so the council tax should no longer be accruing, so you only have the arrears to deal with? If not, get it done. I do not see why you are running two households when you do not need to. I promise I shall not be slamming any doors....what is family for?
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