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BuzzMan

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  1. How did you get the loan? I think you may have mentioned it before but I can't seem to find it. Did someone come to your door and offer you a personal loan or did you fill out an application and sent it?
  2. My interpretation of the current law is that i) the companies still have to fulfil s77-79 properly (true copies suffice, but still need to provide statement of the account, etc), and ii) once an action against debtor has began s77-79 requests cannot stop it (although it is difficult to see how an action can succeed without a copy of the agreement).
  3. If they've not sent you a proper termination notice, they can kiss the debt goodbye, pretty much...
  4. Well, how much (time and money) do you estimate you spent dealing with Fredricksons? This has to be a realistic and not fictitious amount (i. e. you can't make a profit). Write to them something along the lines of: Your ref.: XXX Dear Sir/Madam, as a direct consequence of your pursuit of the allegations that you have failed to substantiate, I had suffered liquidated and incidental losses. At this time, I estimate these losses to be valued at £YYYY. I demand that you compensate me by making an indemnity payment of the above sum no later than (date at least 17 days of you p
  5. That means that you can now write a letter to Fred. demanding compensation of direct and incidental losses...
  6. I wouldn't elaborate much - let them try to come up with some excuse as to why you owe money; the statement clearly says the amount has been written off. If Carter & Co want to chase their own tail over it, let them...
  7. Hope they had a good reason: Richard Buxton (a Firm) v Mills-Owens
  8. The order is not "imposed" per se, as far as I understand, the order would only make a third party party to the agreement... Of course if the Termination Notices have been served, the scenario is different - there is no party to attach to a contract that is already terminated, so you really need to discuss this with a solicitor who knows their way around CCA
  9. Depends on the circumstances, and your solicitor should advise you on those. In essence, yes, but it would not be for a CCJ, just an order enforcing the agreement against named parties.
  10. Creditors cannot do anything unless explicitly permitted by the court - CCA 1974 §86
  11. I think you are confusing judgment as a result of debt and debt as a result of judgment. A once a judgment debt is entered, if 2(3) is met, the claimant would not be entitled to any interest on the entered amount. However, the amount entered can contain original debt + §69 interest up to the date that the judgment is given.
  12. The statutory instrument precludes the courts from awarding interest on judgment debts not on debts themselves if 2(3) is met.
  13. If the termination notice is sent on date A and the judgment is entered on date B but you don't pay up till date C, the period between A and B can carry interest, but not between B and C but only if criteria in 2(3) is met.
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