clfinance1.pdfHi Dx, Thanks for the through steps here's the letter Thanks, Alvaro

Hi there, many thanks for the clarification, I guess it's better to leave it as it is and try to "resurrect" my poor credit file (I have not borrowed any money for last 5 years or so) with time... The letter said - basically- that they recognised they only provided me with the most recent terms and conditions... and... "I can confirm that under the circumstances no enforcement action will be taken against you until the required documentation has been provided to you" and "this does not mean that the debt is wiped out. Any outstanding debt is still owed and you must continue to make payments" Once again, thanks for your time looking into this Alvaro

Not sure if you can see the letter...

Hi there, -the CCJ was issued on the 14th of July 2008 afetr I had been paying a small amount monthly through the CCCS. -On the 22nd of december 2008 I sent a letter to court: "application for redetermination/transfer to local court for oral hearing". -On the 4th of February 2009 I received a letter from "hmcs" telling me that the claim was transfered to Bradford Countuy Court on the 14th of january so they were unable to consider any requests. - On the 22nd of January I wrote - On the 10th of February, Bradford county wrote to me to say that they transferd the claim to my local County. - I sent letter on the 10th of February 2009 to CL Finance asking to validate the debt - I heard nothing form a few months - Beginning of July I wrote to CL Finance asking a copy of the credit agreement and they replied on the 29th of July with a bad copy of the terms and conditions... - End of August "howard Cohen & Co solicitors wrote to me saying that an instalment judgment order has been awarded against me and this was now in arrears... also they intended to apply to the court for a charge on my property if I failed to settle the debt... - I wrote letter telling them that I would not deal with them nly with the bank concerned.. - 17 of november 2009 Howard Cohen came back to say that they require full balance or they'll issue a court bailiff as they account is in court order arrears... - before that on the 9th of November a CL Finance agent came knocking the door which I - of course- closed straight away. - 26th november I complained to the FOS due to lack of credit agreement. - Finally I got a definite answer from CL Finance, which would mean a temporary victory... see letter attached. Since then, the only problem is that they are still marking my file, even though I have written to the equifax and callcredit to try and remove the marks... Many thanks in advanced!

Hi there, Just wondering if anybody has been in the same situation or can help with the below please? I had a Barclaycard a number of years ago which was eventually sold to DCA's "CL Finance". They eventualy managed to issue me with a CCJ, but we never went to court. Unfortunately I never defended the CCJ due to my own ignorance about what my rights were, and also had too much going on in my life in that period of time to try and resolve this problem. CL Finance kept on sending me letters to get me to pay. To cut the story short, I asked them for the original credit agreement (which I knew it did not exist as they originally sent me the credit card by post!). This was never provided. Despite that, one night at around 8pm a gentleman came knocking on my door in the name of CL Finance... that was what made me determined NOT to be a victim of these people any longer, get educated and take some action rather than sit passively. I wrote to the FOS and after a few weeks CL Finance wrote to me saying that "I still owe the debt" but they would not persue it until they'd get a copy of the original agreement (as I said before, I never signed anything so they won't be able). That was about 18 months ago. The question is - even though they are not contacting me any longer - what can I do to stop them marking my file or... what can i do to try and eliminate the CCJ? Surely it is not right that they tried to chase me for a debt when they have not complied with the law.... not providing the original credit agreement and therefore they (Barcalaycard) should not have been able to pass the debt to CL Finance?? Not sure is there is anything that can be done or I just need to accept the CCJ wil be in my credit fie 3 more years? Many thanks!

Hi there, Thanks for the advice I have received today (dated the SAME day that the SD letter) a letter from Crapquest complaints department that says something along the lines of: "Thank you for your correspondence and we can confirm this account is now on hold. An investigation into your complaint will be carried out in line with our in-house procedure and as soon as we have results of our findings, we will be in contact with you. In the meantime, please find attached our complaints handling leaflet for your information. Yours sincerely" - I pressume this in in relation to a letter I sent them at the end of last month asking them to provide me with the "notice of assignment" Am I right to think that this letter invalidates (or if the SD goes ahead, I could use it as a means to set it apart) the previous SD letter, dated the same day?? A bit confused now. Do i still send the the CCA request then or should I hold on...? Many thanks! QUOTE=dx100uk;3362435]cca to who is chasing you yet another crapquest 'spoof' letter dx

hey Jellybabe, many thanks for your advice, keep an eye on the thread I am determined to become the next success story! I guess is a learning curve to stop these bullies! take care!

Hi jellybabe, Thanks for your kind words I must say I am kind of s*****g myself with the situation, lol This may sound a bit daft but since I have not been very active in the forum in the past, I am not sure who to ask. You mention the Site team.... anyone in particular? how do i go about? Many thanks!

Great to read of your success Jellybabe! My partner is in the same situation (received the statutory demand letter) and I wonder (if she ends up having to go to court) if I could go myself instead, to represent her? Also... her name in the credit agreement is something like "Mrs name + surname" however in her passport her full name is "name + middlename + another middlename + surname + another surname"... are there any grounds on that respect to set aside the SD? Many thanks!

do I send it to the original creditor even if they terminated the contract? Also am I doing that to give the DCA the 12 days they need to provide the documents and if they don't, I can set it apart?? thanks

Hi there, thanks for your help. It 's been over 2 years I have not made a payment. I had the card for the last 5 years. Thanks!

Hi there everyone, I wonder if anybody has come across a letter sent by "Capquest" threatening to take me into bankrupcy cause of a credit card... During mid march 2011, they sent me a letter threatening me to take me to court (CCJ, basically) and I replied that I had not received the "notice of asignement" that they are suppossed to provide me with. Therefore they do not have the right to collect the debt in the first place. Moving on, I received - then- a letter (I can't attach sorry as I only got 4 posts) without any mention of my previous letter (which I know they received as I had it recorded delivery). Is this letter just Bluff or do they seem to be serious about it in general? My perception in general is that DCA - being a third party- have no rights whatsoever to deal with me... (perhaps that's another thread all together... anyway their latest letter goes like this.. "Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid. Our investigations into your current financial position are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the insolvency act 1986. It is our intention to issue the statutory demand (form 6.1) on or around xx April 11 where it will be personally served upon you. Once served, the agent will swear an affidavit to the effect that service of the demand has been successful. This is necessary as when a Bankruptcy petition is to be presented based on a statutory demand, then an affidavit verifying service must be filed with the petition for Bankruptcy. If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand as set out in the appropriate notes that will be appended to the demand, you could be made Bankrupt and your property and goods taken away from you. Any application to set aside the demand (Form 6.4 in schedule 4 to the insolvency rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (form 6.5 in schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application. Remember: from the date of service of the statutory demand a) You have only 18 days to apply to the court to have the demand set aside and b) You have only 21 days before we may present a bankruptcy petition You can stop this by contacting us now on 0870 084 2565 As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of xxx. This is subject to you acceptin gthe offer by xx Apr 11. This settlement can be over a period of that can be negotiated around your current circumstances. Alternative proposals will also be considered." Any ideas? Much appreciated!

Hi Flying dog, many thanks for your quick reply! Not only they charged me £40 and also the clamp fine, they basically want to charge me £100 now because the car was seen on the 28th without tax disc. well, they already sent me a penalty notice on the 22nd of october (which obviously I received a few days later) and now they say that I basically need to pay another fine because it was "seen" without tax. the first fine relates to the automatic letter they sent me cause in their records I did not have tax disc. Any ideas what I can do? should I just go to court or just pay and take my losses? many thanks and best regards! Alvaro

Hi there, I got a letter dated last 22nd of october entitled "failure to relicense vehicle: xxxxxx" (I should have have it from the 01/08/08, but I made a mistake and just forgot) telling me that I did not have tax disc and I had to pay £40 or £80 if I paid after the 17th of november. 1 or 2 days later I paid the £40 penalty (on the 30th of october) and the day before that I also bought the tax disc (29th of october) and also paid to the clampers (£260 total) as far as I was aware that was the end of it. I received a letter dated 11th of december saying that they have seen my car parked in XX address without tax disc on the 28th of october. Now... my car was clamped that day (or before) and on the 29th (1 day later) I had my tax disc and I also paid the £40 fine. It seems they want to give me 2 penalties for the same offence, the first one is the "automatic letter they send when they see I have not renew (for which I paid my £40) and the 2nd letter is because someone has seen my car untax, so they want me now to pay an extra £100 to avoid court action. I have call them but they won't have any of it. I explained that if it was on the road, it was because it was clamped and I could not take it off road! but they, again, don't want to know. Can anybody tell me if they can do that? is there any way I can appeal as I said I am not paying and they said they'll prosecute me. Any ideas, advice? many thanks! alvaro

Hello SOD'EM, Many thanks for your reply! I appreciate your time, Take care

Hi here, I wonder if anybody could point me in the right direction please? I have just received my EGG loan agreement that was requested a few days ago. There are 3 things that I believe could make it unenforceable: 1) there's no total amount payable (only total borrowed £15,000) 2)there;s no total interest payable (it was not a variable rate) 3) the lender did signed before than me. Could anybody let me know if there is a good follow up letter to send to EGG (bear in mind I am actually paying to a debt collector agency) or any ideas on how to proceed further? Being looking for hours, but not luck! many thanks for your time and best regards!