Hello, Can anyone assist with this? B.

Hi I did not find out about what had happened until July 2009. This all became apparent on receipt of the Subject Access Request. The CAB have informed me that in this case the time limitation begins when I first became aware of the incident. On the back of an invalid Default Notice they terminated the Account and obtained a default Judgment which had an inflated Judgment debt. On opening the SAR, I found that the money i had been paying (had paid) was not visible on the Statement of Account. This is why the DCA was chasing the debt. I was unaware that a rescission of contract had occured and this destroyed my credit file for 6 years. I want my money back and compensation. I hope I am making sense. B.

Hello, Any advice please? B.

Hello, Last July I had reason to question a debt collector's methodology of pursuing two debts, and for the purpose of clarity I will discuss one of those debts. The original lender obtained a default Judgment against me in 2002 for £301.33 + costs which has been paid. As stated, last year I SAR'ed the debt collector. In sorting through the bits and pieces I spent time looking at the documents which referred to the Judgment in 2002. 1: the Judgment was of the type "forthwith" and I had been paying by instalments. 2: the Default Notice had arrears of £548.80 (4 * £137.20) 3: the true figure should have been £411.60 (3 * £137.20) a 25% error 4: the agreement was subsequently terminated 5: the Judgment debt was £301.33 which should have been £164.13 a 45.5% overvalue 6: the Statement of Account does not show any of my payments, whatsoever. During last year, I have had heated exchanges with the opponents solicitor who denies everything. AS this happened in 2002 I am concerned about bringing proceedings against these people, because of time limitation. I need to know: a) Does the clock start from 2002, or b) from the time I am made aware of the injustice? What can I do to maximise my attack on these people? B.

Hi Bill Not Northampton - Nottingham County Court. I have just got off the phone to the CAB - I have an appointment next Tuesday. B.

Hello Bill Thanks for your reply. The arrears on my DN represented a 25% overcharge. The Creditor terminated the agreement. The obtained a default Judgment which contained a 45.5% overvalued Judgment debt. The arrears on the DN were £548.80 and should have been £411.60 = 25% error. The Judgment debt was £301.33 which should have been £164.23 = 45.5% error. Notice the errors in real terms were £137.20 What would you do? I am trying to contact the CAB B.

Hello, Can incorrect arrears be considered de minimus? B

Hi Can anyone help with the three questions that I asked at 14:48 yesterday? EH

Hi Harrassed Senior, Well, I have already done everything you have suggested and the solicitors are now completely ignoring my every letter. I received their complaints procedure last August, and I have been in constant communication with their solicitor ever since. EH

Hi, Could someone have a look at the last post? EH

Hello If a debt collector does not hold a County Court Judgment and has admitted this fact, and my credit file is completely clear of any CCJ, what enforcement action can said debt collector take? Can said debt collector search credit file, or employ a third party debt collector to pursue a debt, and what action could I take to remedy this matter? Without a Judgment, how can this DCA have the debt assigned to them? EH

Hi Guest

He disappeared???

Hi Guest!

Hi Robinredbreast I readily understand your puzzlement. As soon as I get the printer situation up and going I will put documentation on the board. One year ago, I knew nothing about the Consumer Credit Act - I didn't have to - these people invaded my life, I did not invade theirs. This is an extremely complex problem, and I am concerned about two guests who are with me at unusual times - perhaps I getting a little paranoid. I am spending a disproportionate time at my local County Court and library - it is tough going. Bobbie