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Everything posted by Lapchien66

  1. Is the account pre 2007? JDW are renowned for not having any enforceable agreements. Did you CCA them (or any of the chasing pack of dogs)?
  2. I subscribe to Credit Expert and I noticed that these cretins performed an 'unrecorded enquiry' of my file 3 times on the same day. They wrote to me about an account from donkeys years ago, I sent the 'prove it' letter, they wrote back to say that they were 'closing there files' (oh dear what a shame never mind). Does anyone know what they actually see on screen when they perform these searches? Thanks Lapchien
  3. I'm applying for a stay of judgement - I can't pay anything to a CCJ. Does anyone know what the fee is, or if I should put how long I want the stay for? Thanks Lapchien
  4. Interesting thread - would be amazed if they have an enforceable agreement. 1st crud are one of the worst firms around.
  5. An update... Just back from the hearing. I was met by the rep from **** and had a very brief chat before going in, she wanted a copy of my draft directions, I told her I didn't have it (why help them?). The judge wasn't too bad, a little condescending, but nowhere near as bad as the rep from the sols. At one point she said it was amazing what you could google these days, when the judge was reading my draft order for directions, quoting slices from the relevant CCA! My draft order for directions required the cca and default notices for the 2 accounts. She told the judge that they did not have the DN's, but they could reconstruct them. Is that allowed? The judge seemed to think so. The sols rep seemed keen to get me to admt that I had spent the money, and that they would be very keen to settle OOC, they've already tried 50% but I don't have 10k to hand Outside the court I told the rep that I had no job, was living with parents, own no property or car etc, I asked her to feed that back to the sols. I imagine that they will carry on regardless, and so will probably re-obtain the ccj in a few months. Shame as it will blight me for years, they will never recover the whole amount (what is £1 per month for a few years?) or their costs. I am seriously thinking of taking up an offer to go and live in Norway, I have no ties here... Can anyone comment on the validity of a reconstructed default notice?
  6. I'm attending an directions hearing in a week. So far scm have not replied to any of my formal requests for paperwork under cpr. I don't have any docs to show the DJ or base my defence upon, so what is my position?
  7. Muppets - they've said that they can't enforce the agreement, yet they will try to collect it! Follow their advice and tell them not to send you any updates...
  8. Ok, have made an application to have the ccj set aside on the basis that they were unaware of their legal rights, vague POC and a suspected discrepancy on the CCA.
  9. The card account was opened in 2003, and my relative was making token payments of £5 per month up until last September.
  10. My sister is petrified by the thought of having to go to a set aside hearing. Can I / how can I attend the hearing in her place?
  11. I have to attend a hearing later this month at a CO meeting, Final Order. I'm about to issue an application to have the originating CCJ set aside, in view of this can I / how do I make an application to the court to have this hearing postponed or delayed or struck? Thanks Lapchien
  12. Thanks, which procedure should I use, and is there a suitable template I can use? The POC was almost 'blank' (along the lines of 'they owe us £x') - from which I've read I need to use part 18? Given that the judgement now exists until I can set it aside, does the agent DLC have to provide the information?
  13. Sorry, don't have a copy of the POC - irrespective of the charging order hearing, can a set aside be started in any case, on the basis of being able to defend by lack of a CCA?
  14. I've recently set about helping a relative in real distress. In November DLC obtained a judgement by default, using the most pathetic POC you will ever see, 'the claimant claims the sum of £xxx due under a regulated credit agreement'. That's it! My relative has never asked for a CCA from them. The mbna account was opened in 2003. The judge ordered that the debt be paid off at the rate of £10 per month (the debt is for about £10k). My relative owns their own home, now DLC have applied for a redetermination, they are going for a charging order. Is there anything that can be done here? Setting aside the original CCJ is possibly an option, but for what reason? They can't really put 'we did not think that the debt could be defended due to lack of CCA etc...' - or can they? Any advice would be gratefully received. Thanks Lapchien
  15. I have a hearing for directions at the end of this month - what will be involved in that? I've CPR'd Lloyds to produce original docs (DN, CCA etc) so far they have not replied to anything I have sent them. The order from the court regarding the hearing states that parties must bring to the court original documents that thyey seek to rely on. Is the hearing a formality or will anything be decided..?
  16. I'm trying to help a relative in difficulties. They have an old credit card account with Nationwide, it's quite old, about 2001 - 2002, chances are that it is/was unenforceable. Nevertheless, my relative ignored the claim form and so Nationwide obtained judgement by default. The amount is about £3500. This happened last November. They have now applied for a charging order, there is a final hearing due at the end of February. The questions I have are - What can be done about the original CCJ - can it be set aside post judgement, to be challenged on the CCA? Could the charging order hearing be postponed as a result of any set aside hearing? There's a load more debt here, but the charging order is the most stressing one for them right now. Any advice gratefully received. Thanks Lapchien
  17. Did you check that the APR calculation is correct?
  18. Thinking about it I am pretty certain that there was no deffered period - they defaulted me in June 04, they seem like they would have jumped the gun by issuing a default only 2 months later! They sent me a print out of the computer screen from loan start to 'write off' - all 7 entries, including DD received and DD returned right next to each other. The covering letter they sent me said basically, 'here is your CCA, we'll now start to recover in 14 days.. blah'. I'll probably just drag this out and hit them with the SB at the latest possible moment, just in case.
  19. They haven't sent any terms and conditions so I'm not certain that there was any deffered period - is lack of T&C's a failure on their part?
  20. Well, I actually never paid them - they did apply for a DD, in April 2004 - only for it to be rejected. Since then I've had my head in the sand, received a 'statement' from DLC just before Christmas, so I thought I'd bait them a little with a CCA. This is what they sent - any opinion as to its enforceability? I am fighting this on 3 fronts - SB, incorrect APR, dodgy CCA... cca_dlc2 001.pdf
  21. I'll scan it up. In the meantime another snippet that might be useful - I signed the contract in January 2004, I never made any payments to the account, they did try to pull 1 DD which was rejected in June 2004. Does thie mean that it is SB'd now?
  22. I'm being hounded by DLC for an old ( 5 1/2 years since last payment or acknowledgment). I requested a CCA and they've sent me the usual rubbish. Quite an odd document, it seems to have been made up by a lad in their post room, who is quite handly with the scissors and tape. Anyway, can someone have a look at the apr calculation and let me know if it's correct? amount of loan £7000 total charge for credit £4734.8 total amount payable £11734.80 monthly repayment £195.58 number of repayments 60 apr 24.9% Thanks Lapchien
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