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  1. Thank you for your replies and information. As this adds up to several hundred £'s and just seems to have been added on regularly and without advising me, I am going to ask for an explanation and clarify in detail why these have been added. I thought it seemed wrong and based on the above information you have given me in relation to the judgement it certainly looks like it. I will post back here with information as to what happened.
  2. I hope that I am posting this in the right place. I have a CCJ and charge order that I have been paying without issue. I have 2 general questions which I have not found previously posted, but I apologise if they have been asked before: 1) I contacted the creditor and offered an early settlement with an amount that was lower than the total remaining debt. I was advised that they could not accept it because there was a CCJ and charge order on the debt, but I was welcome to pay the full amount early. Is this true/normal or possibly just their own policy? 2) I have not had a statement before, and they have sent me one for information. I have noticed 'legal fees' have been added regularly to the debt. I was not advised this was happening and some are quite significant. These were not included in the CCJ, unless I am missing something. I am going to ask them about these, but I thought once a CCJ and charge order were in place this should or could not happen? I have not missed any payments or done anything that could have incurred a charge. If I had, I would have expected them to advise me of the cost. This seems wrong. I might be being naive about the above, but I have learnt not just to accept everything when it comes to debt management. I would like to check the above in general terms as Google has not been detailed or specific enough. Thank you in advance for any pointers or clarification anyone can give me.
  3. Thank you for your replies. I have let them know I will defend any court action. Presently in that waiting period, but ready...
  4. Thank you so much for your advice and suggestions. I was thinking I should challenge it if it happened, but I am grateful for your help/suggestion that a CCJ is not a forgone conclusion as the ND Helpline suggested/implied. To answer some of your questions: The original lending was a personal loan with S*insburys. I did not take out any PPI with the loan, and I do not beleive any was hidden that I can claim back. From what has been suggested, perhaps I should claim anyway in view of what is happening, and do it today. The creditor is using a solicitor, who I have been in contact with over the last 2 years. The debt was owed by me, and they did produce the signed CCA when origianlly asked. The debt was only just over a year old, so I decided to take the route of arranging to pay with instalments, in the hope that I could avoid a CCJ and/or Charge order. They have accepted the repayment in writing and I have kept all correspondence. I believe the crux of the matter is that because this will not be paid off in, say, a year or two, they want to 'secure' it. They have acknowledged in writing that I have maintained the repayment agreements. I have the statements from the creditor showing all payments and the increase in payments I have made in the time they have owned the debt, which I believe is a positive. I am not trying to get out of paying the debt - I just want to try and prevent a CCJ (with or without a CO). I have not had the claim form from the court yet.
  5. I wanted to share the following information on here because I was really quite surprised by it It seems that I have been quite naive. I think others on here may appreciate being aware this can happen as well. I have a debt that was originally a personal loan. The current creditor has owned the debt for just under 2 years. There is no CCJ, court order or other legal action in place. I was keen to agree a repayment plan and adhere to it. The current debt is about 6k. To date, the above has been without problems. I fill in the financial statement forms I am sent, and have maintained all the agreed payments without any being missed or late. The creditor has decided that they want to take the matter to court to obtain a charge order against my property. I understand that this will also incur legal costs and a CCJ to my name. I understand that they want to secure their debt, although there is no behaviour from me that would make them nervous. I spoke to the National Debt Helpline, who advised me that a creditor can do this any time that there are arrears on any lending (ie the orginal agreement). I know that post October 2012 a charging order can be requested with a CCJ, whereas in the past the process tended to be more staged eg. if one of the other steps had failed such as payments stopped, missed or late. If the creditor does proceed, I asked the ND Helpline if there was anything I could do, and was advised no. I was led to believe that in the majority of cases the Courts would side with the creditor and it was not worth me trying to challenge the CCJ/CO process. They did say that the creditor cannot not force the sale or the house as long as payments were not missed. I realise each case is different, but I always thought that keeping up with repayment plans meant most creditors would not pursue legal action. In fact, that is what their letters have always said. For me, keeping things in order meant I could keep the matter out of court. I was also under the seemingly false impression that courts would view the above dimly as there was no default, but this does not seem to be the case. I am sure the ND Helpline have up to date information, but what do you think? I am not disputing the debt, just the planned instigation of legal proceedings. Thank you in advance for any comments etc.
  6. Thank you for your information. This is what I thought was probably the case based on what I knew. I will leave the rest with her to decide and act as she sees fit etc.
  7. Hello renegadeimp - yes this is all post 2007. The letter from the creditor actually states that the matter is not enforceable. It then goes on to cover the bit about collection activity short of enforcement, as detailed above. To be honest, I was surprised that it was quite so open. I suppose some DCA's will then throw in a few persuasive words in their own letters, like 'liable' to muddy the waters for some people not familiar with the processes. I did think that following a few recent court cases, the DCA's can still hassle people in these circumstances without it being classed as harrassment, but I may be wrong. I suppose we can (and should) all still complain about that to them if or when it happens.
  8. I have what I think is a relatively straightforward question, which I am asking on behalf of one my neighbours as they were not sure what this meant. She had an Egg card and recently made a CCA request to the DCA. They have replied to her and provided some information, including a reconstituted agreement but in their letter they inform her that they are unable to supply a copy of the terms of the credit agreement as varied in accordance with section 82(1) of the Act. They have said that the account is not enforceable (which I understand means enforceable by a court making an order), but they are suggesting that they will continue their 'collection activities short of enforcement'. The letter makes reference to actions such as reporting the account in default without disclosing that it is unenforceable, demanding payment from her, issuing a default notice and instructing a third party to procure payment from her. If she does not pay, does the above translate to letters demanding payment, telephone calls (if they have her number) and people knocking on her door (as collection agents, not bailiffs as the court is not involved). Is that as much as can happen because the matter cannot be taken to court for a court order? I guess the idea is that she would get fed up with the pressure or hassle of the above, and generally the adverse effect it could have on her credit record? I am not sure what she is going to do yet, but the concept of persuading the DCA to write it off as unenforceable while they have the options above seems unlikely to me. Thank you for any clarification on the above.
  9. Thank you to everyone who has replied to this thread. It has all been helpful to confirm things.
  10. Thank you to both of you for taking the time to clarify this. This would have been prior to 2007 if it was I think is being referred to. Like so many people here, is not a case of trying to get out of anything if it is owed, but making sure the correct process has been followed and everything is in order before evaluating my final position as reading through the threads so often this seems to not be the case. What you have both said has made sense and helped a lot in answering what was my gut feeling.
  11. I have a question that I have been trying to get clarification on in the threads, but I am little confused. If the answer is here already, please accept my apologies. I am trying to establish my options and what I am going to do, but DCA's are so often misleading and shifty that I am distrustful. I have an alleged debt with B*rclaycard, which was originally a card under the name of what we would find in a garden pond (not sure what I should include). The original creditor who I was with sold the brand to Lloyds TSB and then B*rclaycard. If valid, it is not statute barred at present. I was approached by a DCA in June 2011. When I submitted a CCA request to them with the £1 fee, they responded by return returning everything saying that this account was closed at their office. I have no idea why. I was then approached by another DCA about the alleged outstanding debt in September 2011. I sent them a CCA request with a PO for £1 (tracked delivery) and have just received what I requested. I did write in 2011 to confirm that they had not provided what was requested within statutory time limit - apparently they had outstanding enquiries which is why there was a delay. I have been sent a poor copy (just legible) of a reconstituted agreement, so there is no name, signature or specific details to me on it, and the document itself does not contain details of credit limits etc. either. It is certainly not a true copy of what I may have signed if this related to me. This has left me a little unsure of my options. I am not happy about the agreement being a truly accurate document, which I can challenge. Is this claim enforceable in court, because in addition it was so late in being sent? I have read that if the documentation was not received within time, you can still be 'chased' for the debt, but legal action cannot be taken against you as you are not legally obliged to pay anything. However, I have read elsewhere that this is not the case. The CCA request legalities are there for a reason, surely? Thank you for any help/suggestions.
  12. Thank you for all the replies, information and suggestions above. For the record, the bank was the supermarket that uses the colour orange in it's logo. I realise they are administered by another bank, but I will never use them again. I was far from impressed by their customer service, knowledge and standard of communication. Never again.
  13. Thank you for this link - it covers a lot of what I wanted to clarify. Very much appreciated.
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