Congratulations

Hmm, just been reading about redetermination since the last post, was unaware it was called thus. thanks Ganymede.

Thanks Andy, helpful as always. You guys are a credit to the forum. I have practised your long 'no blinking' game for a while now and have had two years of respite but fear the weight of the financial institutions may be about to descend my way.

I have a ccj which I didn't contest, I owed the money and all documentation was correct. I filled in all the forms and admitted my liability etc. I made an offer of what I (or my wife more accurately) could afford per month. This was accepted, and no payments have been missed. Today I received a letter asking for me to complete an income and expenditure form within seven days as they are looking for me to increase the payment. I am not working, marriage is not healthy. I have done a few bits of programming, earned a max of a few hundred pounds over the past twelve months. Can they go back to court and get a charging order even though I have never missed a payment? tia

Sorry can't be of any help, but subbing with inmterest. good luck.

Subbing with interest. Good luck.

Many thanks 42man.

I started receiving correspondence from Wescot in August about a debt to a bank I have never ever used. I sent the standard letter I saw on other similar threads quoting; I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. They wrote back asking for previous three addresses to confirm I was the correct person. I confirmed addresses and received no further reply. I thought that was the end of the matter. Then receive another threat of court action. I wrote again enclosing copies of my previous two letters and requesting details of their complaints procedure. Received a letter stating their client has sent copy statements and to commence recovery action. I have received nothing from the bank they claim the debt is with. They ask in their most recent letter; "How do I propose to repay the debt", "What is my dispute?" This is crazy, why should I have to go to all this trouble to prove they have the wrong person? Can I charge for my time? What do I do next? Footnote, I checked my credit file and this debt has suddenly appeared and it wasn't there at the begining of this year. The default is indicated as January 2010. I do have outstanding debts that I am doing my best to sort out, but this is just taking the rise trying to pin debts I have absolutely no knowledge of, on me. I have read some other threads and seen that contacting the police is one step in the process. This is our fourth adress in ten years and I strongly suspect this is a case of fruad as I have never ever had anything to do with the bank in question. It is also very suspicious of how this is being handled, very cloak and dagger, I suspect the bank and Wescot know they have the wrong person yet are trying to nail me for it as a last resort. They should lose their licence for this sort of sharp practice, quite simply. Any help would be appreciated. I have started my own thread as I suspect this is going to get to the court stage.

This one is surely the judge believing the verbal evidence of a bank employee over that of the defendant?

Guys, just tried a few times to donate and getting a fatal failure message. re: toolbar, how difficult is it to produce a version for each browser? I use safari but will revert back to ie for the time being and install the toolbar.

Thanks, managed to get the funds together and bought a copy.

I was about to purchase the latest edition of the small claims book through the CAG link. Before doing so, I could not find information that perhaps I should already know. Is this guide book only suitable for people defending small debts of less than £5,000? tia

Same here. Experto bought the debt, only had a couple of letters over the past six months.

I have spent many hours reading to try and determine if an agent acting on behalf of the OC can issue a default notice? The reading has been invaluable but I could not find an example of this scenario. I downloaded and printed the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. (Recommended for anyone not already familiar with the document. Apologies, closed all windows and lost link, will find and post as it is useful) Even if they are permitted to issue the DN, there is no mention of the OC address which is supposed to be included. All other components seemed ok. Does this leave the OC able to issue another DN as the agent issued the first one? :confused: There has been no assignment, the OC is still the owner and has used various 'agents'. Several of whom have demanded repayment of the full amount. This consitutes termination of the agreement as far as I have learned in my readings to date. Any thoughts appreciated.

A good read, and gl should you ever reach the stage where it is needed!

Indeed, just read a few this morning :) Talk about confusng, Quantum physics or CCA 74, take your pick:|

WOW Very well done.:):)

If you look at the recent Humbleman case which is very well documented, the judge was happy to accept any old scrap of paper as evidence that the original agreement was totally enforceable. This was despite compelling evidence to the contrary. There are cases where no agreement even exists and the judge has ruled in favour of the creditor on the 'balance of probabilities'. I think the upshot is, from now on it is going to be very difficult to win any of these cases, particularly without professonal help.

Certainly is confusing. I have eventually arrived at the same conclusion! In that any agreenent whether in existence or not would be treated as enforceable if the bank sign a piece of paper swearing they would originally have used an enforceable agreement & terms and conditions. It is then down to the defendent to prove the agreement / T&C's the bank say they used and were compliant were not. There was a notable success a few days ago by a cagger who was able to prove the bank were being economical with the truth and won. Professional representation was used to win the case.

Great informative thread. gl Popeye.

So this leads to the conclusion that all banks should simply destroy all non compliant agreements as the judges will simply believe their bs that all their agreements have always been totally compliant since the year dot. Time for a revolution brothers:smile:

Thanks for the reply. I will get a letter drafted now. Could be an interesting year ahead for a lot of caggers! Must get up to speed with all the court procedures. I have tended to not think about it and time just goes by so quickly.

Received a letter from Trever Munn today informing me they are preparing a court claim to be issued in seven days. Presumably this Munn outfit are aware of the case coming to the high court in March involving this type of agreement?

Thanks, Johnny. I wasn't sure whether or not to let the solicitors know I have a letter containing the above. I guess it would have had to be produced anyway, so I will get it sent off to them. As alluded to on another thread, the solicitors for the CC companies must be loving this period in financial history when they are mown out with work!!

I received a letter late last year from Marbles stating (and I quote); "While we try to locate the full original agreement we will not be seeking to enforce the agreement. However, even if an agreement is unenforceable. the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court" I have recently received correspondence from their solicitors stating they will take legal action in the next 14 days. I am more than a little bit confused. Are they now thinking they can get an enforcement order without having the full agreement as they have already admitted is unenforceable? tia