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aquavit

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Everything posted by aquavit

  1. Thanks for the quick reply dx, that sums it up quite succinctly - in a nutshell, now the CCJ is in force I'm stuffed but no need to worry about ever paying it.
  2. Ok, so does all this mean that I now can't challenge the judgement or get set aside? The fact that I am overseas and my mail is re-directed through a correspondence address obviously implies that there will be delays in me receiving it. I advised the solicitors of my UK correspondence address and they chose to serve the papers at "my last known address" rather than the one I advised them of which eventually reached me very belatedly. If I was being cynical I might think the solicitors did this knowing I would most likely not have time to respond. No-one seems to have commented on the application form/agreement which the solicitors sent me and presumably used to obtain judgement. Does this comply with CCA 1974, can I set aside and then defend on the basis of no legit paperwork?? I guess I could just let this rest, forget about it and maybe make an offer a few years down the line if I felt so inclined?
  3. Thanks for that panther12, whilst I may be able to get it set aside don't I then have to fight again when/if the debt collectors re-apply to the court?
  4. This only applies to the EU though, I don't have a place of residence or an address within the EU where such an order could be served.
  5. I don't need credit, nor likely to in the future. Aside from that are there any other possible downsides to ignoring it?
  6. Thanks again for the quick reply Andy. As an alternative proposition, given that I have no desire or inetntion to return to the UK, should I save myself the hassle and just ignore it?
  7. Thanks for your reply Andy, given the information I've outlined in my original post does it look like I have grounds for this? Surely a set aside should be feasible given I was out of the country and they sent papers to the wrong address? As for a defence, does the paperwork submitted by Blake Lapthorn stand scrutiny?
  8. Ok, so I'm back to square one with regard to statute barred. If I get the judgement set aside do I have solid grounds for defending the application from Blake Lapthorn?
  9. That's disappointing to hear Ganymede, would that still apply if I get the CCJ set aside? Any views on the legitimacy of the paperwork Blake Lapthorn came up with?
  10. Thanks for your reply Dx. The T&C's comprise of five seperate A4 sheets, they look like standard/generic issue, two of them have MB98 printed on them - that may or may not be a date. The PDF I have uploaded is as I received it, on it's own and not obviously relevant to anything else. Blake Lapthorn referred to what they sent me as a "Credit Agreement". I wrote to them from my UK correspondence address (as explained above) I also gave them the address of my lawyers in the Philippines. They replied to my UK correspondence address with the supplied copy of the "Credit Agreement" but then proceeded to court using my last known address which wasn't the one I'd given them. It looks like I could get this set aside, I'll be in the Uk again later this month, but if I succeed in doing that have I got enough "ammo" to fight off the alleged debt? Another year and it'll be statute barred.
  11. Bumping this as any help would be appreciated, is the agreement compliant with CCA 1974 - please see attached PDF. Have I put it in the wrong forum??
  12. Thanks for the reply, not sure what the problem is with the jpeg, its 266k as a file but only loads at 6k on here?? I gave Blakethorn my UK correspondence address from which I have any mail sent on to wherever I am in the world and also my lawyers address in the Philippines. They chose NOT to use either option and instead served the papers at what they deemed "my last known address".
  13. I have an alleged debt relating to MBNA for £19k, the last payment relating to this goes back to 2009 and I have zero chance of finding any money towards this. It has been passed from debt collector to debt collector all of which I have manged to fob off without sending payment or acknowledging the debt. Arrow Global then purchased the debt and they latterly engaged Blake lapthorn solicitors who wrote to me threatening court action. I replied to them asking for proof of any alleged debt and also advising them that I was no longer Resident in the UK. Blake lapthorn responded by supplying a copy of a signature box and a few separate pages of T & C's. I replied that the paperwork did not conform to the 1974 CCA and that they should therefore drop the claim. They ignored my letter and proceeded to court where they obtained a judgement, I was unable to defend as being out of the UK, I was not notified in time and the paperwork was sent to an old (wrong) address. I do come back to the UK from time to time, should I try and get this judgement overturned (do I have proper grounds to do so) or just ignore it? Attached is a copy of the application form masquerading as a signed agreement.
  14. I have a similar situation with Black Horse Finance over an alleged debt for an unregulated agreement. Black Horse were not the original providers of the finance and despite three requests have not produced ANY documentation in support of their claim. Where do we stand in these circumstances when an agreement is "unregulated", do we have any protection or redress in law?
  15. Does that also mean the agreement has been cancelled and you keep the vehicle?
  16. Thanks again Victoria. I have fired off a letter informing them that what they have sent is not a true copy, I haven't advised them why that is the case, I don't see why I should do their job for them. So that's the stance I will take, the onus being on them to prove that the CCA is enforceable, I'll just bat everything back to them and spin it out as long as needs be. No hardship in writing the occasional letter or two! I'm fairly confident that what I see does not conform with some aspects of the consumer credit act and the general gist of a lot of the Egg threads seems to be that that is very common for Egg paperwork. So we'll see how it goes.
  17. Victoria Thank you for your reply, I have seen the other thread from SH which is not dissimilar to mine although the documents are not the same. I've also read through a lot of material on here and on the basis of what I've seen I'm prepared to challenge Egg on this. Any further insight would be gratefully accepted though!
  18. Bump Just thought I'd bump this as it's had quite a few views but no response. As a newbie I was hoping for a bit of guidance on this. I have read a lot of similar threads on here and the CCA does look unenforceable but being a newbie I was looking for a bit of reassurance!
  19. My partner took out an Egg card in 2006 via an on-line application, she has requested the paperwork via a CCA 1974 act which is attached. Please could someone advise on the enforceability (or otherwise) regarding this. After much research and reading of this forum our concerns relate to the following: No stated credit limit No Right to Cancel box No Multiple Terms & Conditions Condition 10 as referred to on page 1 is not included in the agreement We may have missed other anomalies of course so any advice would be welcome. Many thanks. Egg CCA 1.pdf Egg CCA 2.pdf Egg CCA 3.pdf Egg CCA 4.pdf Egg CCA 5.pdf
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