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stardeed

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  1. They seem thrive on intimidating ppl and causing humiliation. Some of the websites set up to offer advice/services to dca's that I've stumbled across have been real eye openers!!! Refering to ppl in debt as 'prey' and writng a whole 'play on words' paragraph using hunting terminology throughout. How utterly disgusting is that? One forum-style website that it seems debt collectors use had a thread where one piece of advice was to start bricking a debtors windows to make them see sense!! Big financial institutions can screw up, get bailed out by the government using tax-payers money [and still dish out the big fat bonuses to them who don't need it] but if the average Joe screws up with money - tough, you're on your own
  2. Thanx pompey, the payment was sent direct to HMCS (CAPS) so that the dca can't deny receiving it, I don't trust any dca any further than I could throw them so I wanted the court to be the middleman so to speak. When we get the cert I think I'll frame the damn thing and heaven help any1 who dares to pursue it now they've had their pound [and a half] of flesh. I think i'll need the cert to get the charging order removed? I don't think for 1 minute that the dca will be bothered about getting it removed unlike their eagerness to get it put on to the title deeds in the first place, in an attempt to intimidate the hell out of us!
  3. What really p***es me off is the fact that some court clerk or judge [in his/her wisdom] set the monthly payments on the CCJ at £230 a month [despite the fact there was no income left at the end of each month] so it was clear we wouldn't be able to pay that. We didn't know at the time [this was pre-cag days] that we could ask for a redetermination. Yet the aoe order requested £100 a month, which I would've been willing to pay from my small amount of savings If the CCJ had requested £100 a month then we could have avoided these 2 extra court charges being added. Today my husbands elderly parents gave us a cheque to pay the whole damn debt off. Hubby's been getting so stressed out over the last few weeks and they wanted to spare him any further worries. He was totally demoralised when his boss told him that he'd have to start taking £25 a week from his wages [he poor guy was apologising when it wasn't even his fault] we shall now pay THEM back rather than the vile blood sucking parasitic leeches aka the dca!
  4. Maybe there's a case for us all being able to reclaim these unfair charges at some point in the future, like credit card charges etc... we can dream at least!
  5. When the debt was assigned, a letter from the original lender stated that the new owner of the debt had appointed a dca to 'manage' the account for them. That dca has never taken any court action, and the most recent statement from them shows a total balance owning of around £300 LESS than the amount owed according to the 2nd dca - following the additional charges that court actions have added. The dca who has taken the court action, has never provided any proof that they had the authority from the new debt owner to act on their behalf. That's the main issue right now. The credit file only mentions the new owners of the debt, nothing relating to this dca who took the court action.
  6. We've had 2 dca's both pursuing the same debt. This is all well past the cca request stage as a ccj stands. The problem is that after requesting both dca's confirm in writing to provide proof of their authority to act only 1 has, and that 'proof' is just their 'letter before legal proceedings' which we already had. We wanted something from the debt owner clearly showing in writing that they authorise this dca to act for them. This same dca entered false info on court paperwork ie: the 1 who signed papers states he holds an admin type job when he's actually a director of the dca! He signed a statement of truth to this effect. Has any wrongdoing gone on here? The debt has to be paid but how can we be sure the right party is going to get the money? I know most will say 'you pay who the court action was taken by' which is fair enough, but after reading/hearing stories of how mistakes can happen at county court level, this isn't reassurance enough, do the courts check a dca's authorisation before accepting that dca's claim?
  7. I'm really peeved that they went for 2 types of enforcement tho, it's bumped the debt up by £200, if they'd just gone for the attachment of earnings they could still get their hands on the money - I think the charging order is just excessive!
  8. My husband had a CCJ requesting payments of over £200 a month, no way he could afford that but he didn't know at the time that he could've gone for a redetermination. About a month after the CCJ the DCA went for a charging order that became final in October last year. 8 days after the CO was final, the DCA went for an Attachment of Earnings order which means his employer has to dock £25 a week from his pay Question: Can a CCJ be enforced by more than one court order at the same time? Isn't the CO pretty much pointless once an attachment of earnings order is in place?
  9. Thanks for such a definitive [and humorous] answer donkey lol :grin: Thanks for sharing your experience Pinky, I might take a leaf outta your book and go that route myself Maybe even FSA & OFT too
  10. Has anyone heard of a DCA trying to 'stitch up' another DCA? I think the 1 we're dealing with might be trying to do just that! 2 DCA's are 'acting on behalf' of the owner of the debt. · One of them [DCA2] has taken court action which has added costs to the balance owing. · The other DCA [DCA1] say they instructed DCA2 to take the court action - says we owe them - but the balance they say we owe is the original balance of the debt with NO court costs added · DCA2 - the ones who took the court action say its them we have to pay. Are DCA1 [who allegedly instructed DCA2] trying to 'cut out the middleman' by getting us to pay them direct - thus avoiding paying DCA2 their commission maybe? Which would leave us still owing the remaining balance to DCA2?
  11. Thanks for that info I'm wondering if my OH takes a SAR into a local HSBC branch plus another £10 postal order, and asks them politely to send it to the correct dept [at least we know they've GOT it then, and we can claim for the lost PO/undelivered sar after April 21st] do you reckon they would then send it through their internal mailing system?
  12. I'm still wondering what can be done to get copies of all relevant paperwork from HSBC that OH will most likely need for his defence? The sar I sent 2 weeks ago still hasn't been delivered and the PO inside still hasn't been cashed Can I send a cpr request [or something similar] to HSBC that they'd have to respond more quickly to than a sar? We have some paperwork but probably not enough for a solid defence. No hearing date yet but I don't wanna leave anything til the last minute.
  13. The token payment was made as we thought the N245 was the form to get the CCJ set aside, I've learnt so much in the last few weeks reading threads on this site - it's frightening how green I was before! When we filled the form in together we nearly left the payment offer part blank - but then added the £1 just to fill SOMEthing in on that part....flipping stupid when I think about it now, as that could easily have messed things up! We were pretty pleased when the letter came through from the court saying that the case had been transferred for the set aside hearing, especially after submitting the wrong form initially, but it really was down to the wrong advice that we got from the court and a debt helpline! I suppose the fact they've allowed the chance to set aside shows they feel my OH has a good defence. Thanks for the cpr template debt4get, very helpful
  14. There was an outstanding balance prior to it being stolen, and some transactions my OH made on the new card that was issued to replace the stolen one, but that amount was paid off as a lump sum [just over £1,400] about 6 wks after the card was stolen - the amount left unpaid was the total of the transactions made whilst the card was stolen. He obviously wasn't going to pay for transaction incurred by some credit card theif. We're pretty sure it isn't statute barred as my OH has had numerous phone calls over the last few years from a number of DCA's where he's been drawn into conversations about making payments. I think that fact alone prevents it being statute barred ie: acknowledging the debt in phone conversations. Still unsure whether to make the token payments when they become due. National Debtline advised to go ahead and make the payments as that way my OH is complying with the court order to do so.
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