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Everything posted by bha100

  1. When you said you could see you also had a ccj was you referring to you credit file or a letter that was a threatogram dressed up to look like a ccj?? scan and post up the letter? Your stuck with the default on you file for 6 years not a lot you can do about that now.
  2. you won't get it set aside if you have already admitted the debt, you will have to pay lesscroft and then they will get it put down as satisfied on you credit file.o2 are out the loop now.
  3. Did you get the forms from the court for the ccj? if you did read this County Court Judgement CCJ looks like lesscroft have bought the debt thats why they obtained the ccj. If you did'nt respond to the ccj your stuck with it for 6 years unless you can find a way to get it set aside
  4. I think the old notice of a home visit is a bit worn now
  5. is it not to late for that then, its from 2008
  6. Oh yes they will, with no valid agreement but a ccj in place is he up the creek without a paddle, what else can i tell him to do?
  7. Hes in a bit of a mess with this one, seems back in 2000 he made on and off token payments until around 2005 then crud bought it in 2006,crud then got a ccj in 2008 to which he was ordered to pay £5 pm so s barred is out. they do not have a valid agreement but does the fact crud have a ccj make it a loss cause for him, should i advise him to just keep paying the £5 pm. thanks
  8. Thanks, hes going to check to see if he can find any statements but it was so long but hes 99% 6 years had passed with no contact, what about the ccj does that make any difference? would it be worth sending a sar to the original creditor?
  9. The boys and girls at 1st Crud towers caught out a friend of mine with a statute barred debt dating back to 2000, back in January this year he foolishly paid them £5 when they contacted him about it, More recently he sent a cca request which all they sent was a load of statements, then he sent the failed to comply letter they just wrote back saying pay up, my question is they dont have a vaild agreement, a ccj was registered against this debt back 2000 but i guess that as he paid £5 the six years will start again but can they do anything through the courts now, or shoul
  10. You need to tell your bank the payment was taken in error, so you are covered by the direct debit guarantee, in your case it was originators mistake, they will try to fob you off this is standard practice, but just stand your ground and keep telling them you want a refund under the direct debit guarantee, the penny will soon drop when they see you not going to leave it. if you pay by direct debit, it is up to the payee’s bank to call for the payment, but you will rightly look to your own bank/building society to ensure the smooth running of any direct debits. Mistakes and errors are co
  11. cca'ed the boys at aktiv for a cc debt dated back to 1999, got the reply back saying they will request it from the original creditor, then over a month after the request they send this pathetic excuse for a ca, im no expert but even i can see this is unenforceable, it even says on it card request form, with absolutely no prescribed terms,i'd put it up but you would all **** yourselfs laughing. Anyhow it was accompanied by the usual letter 'telling me they do not believe they fall within the definition of a creditor' etc etc you know the rest. Im now going to reply with this that some
  12. So the chances of getting the ccj set aside are slim, even though its now come to light that there is no credit agreement.
  13. I have been helping out a friend with a debt that was originally with bank of scotland but has been bought by the boys at 1st credit, we sent off the caa letter and they did the usual reply and followed up with a copy of the assignment letter and about 20 pages of statements but no credit agreement. Great i thought they must not have one, the debt dates back to 2001. Anyhow it seems that back in may 08 first credit got a ccj against him, he went along to the court and got an agreed to pay £5 p/m which he has been doing. So my question is, i guess 1st credit must not have any agreem
  14. looks like they have just sent you a copy of there current t&c, its shows £12 as the default charge and this did'nt come in i think till may 2006,you now need to send them the letter that tells them they have not complied with sending you a true copy of your agreement Dear Sirs, Account Number: xxxxxxxxxxxxxxxxxxxx Thank you for your recent letter sent to me dated xxxxxxxx, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974 I note that you have replied to the above by sending a copy of an
  15. When did you open your account with them?? from what i understand you have to have these things on the same page as your signature In order for an agreement to be enforceable, there only need to be four pieces of information, called prescribed terms. 1. Number of repayments; 2. Amount of repayments; 3. Frequency and timing of repayments; 4. Dates of repayments; 5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.
  16. Thanks, i looked there but did'nt see it, time for bed i think..
  17. anyone please, ive looked everywhere, can't find one
  18. The word parasite is to good for a&l and there master Banco Santander, oh yes the boys and girls at this outfit have dreamt up a cracker, the Payment Review Fee, thats right its not an overdraft fee its a cool £25 for every payment that they review and decide if they will pay or not.there overdraft fee is a very reasonable £5 per day. Payment Review Fee If you make a payment from your account and there is not enough money in your account to cover it, we will decide whether to make the payment. If this happens, you will pay a payment review fee of £25 for each transaction. If
  19. thanks, so if by chance they did follow through can i then cca them and then get it set aside for example disputing the amount owed.
  20. Ive had this threat from a dca. am i right in thinking that before they got to this stage they would have to gone to court to get a judgement first,they have'nt ever taken any court action against me let alone have ccj, is this a deperate attempt to fool me into submission. many thanks
  21. i think i will just let the ccj's run there course up until now they have not actively tried to enforce them, trying to get them set aside seems hard work with the risk of no positive outcome so i think i will leave well alone.as you rightly pointed out if i cca the others it may open a can of worms. thanks for your advise.
  22. so am i right in saying that if you cca these dca's and they can't provide a credit agreement then they are unable to enforce the debt in a court but can pursue you for the money and update you credit file.
  23. i found this National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court do ccj's get removed from your file after 6 years to
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