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hertsdebt

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About hertsdebt

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  1. Many years ago i havd a River Island card and to cut a very long story short it got transferred to GE Money, then CL Finance, went to court, they won and l paid the judgement in full within 30 days and the CCJ off my credit file. However l still have late payment makers and a default. But looking back on all my documents l don't beleive the correct paperwork was completed by CL Finance to assign the debt and the Default notices were not issued. So l wrote to CL Finance in January asking them to confirm the status and send the copies of the Default notices. They have replied with the below - is this correct ? I really want to get the default off my credit file. RESPONSE We acknowlede receipt of your letter dated 20 January 2014 in which you have requested a copy of your credit agreement under section 77/78 of the Consumer Credit Act 1974. The agreement which is the subject of this matter was terminated prior to the issuing of County Court proceedings and subsequent entry of a County Court Judgement on 22nd July 2010. Therefore the effect of Section 78 of the Consumer Credit Act 1974 is no longer applicable and the Judgement can be enforced.
  2. Back in 2010 l took out a credit card with Lloyds TSB with limit of around £2,500. This account was always kept upto date and paid on time. About 2 years ago l ran into some financial difficulties and relied on this credit card for cash flow. Then l paid about £500 off the card and they reduced the limit by the same amount. This caused me problems so l started missing payments. Made arrangements to pay, etc, etc. No the less it got passed to SCM Solicitors and they wrote to me. The outstanding balance was just under £2,000 and l offered £1,250 as a full and final settlement, they didn't reply. They then took out a court claim, l replied saying l wished to make an arrangement, offered the settlement again and asked for a copy of the agreement, default notices and deed of assignment. The defence was accepted by Northampton however SCM Solictors have completed an Application Notice for judgement in full, immediately WITHOUT HEARING and the Judge has granted this. Firstly how can a judge grant judgement saying no responsible chance of defending the claim when l have requested information. Secondly SCM Solicitors have CHANGED the address on the documents from my home address to my work - l have not requested not authorised this. Finally the application notice from SCM Solicitors to the court is wrong - its states the "sum claimed at £9,709.59". What should l do ? I can apply to have the judgement removed and a hearing heard via an application notice but that will cost £80.00. Why should l have to pay £80.00 when the judgement is wrong, the court has changed an address and l have not been heard
  3. I have been contacted, by letter, today by Marlin Financial Services and they are chasing £3,622.62 debt on an Egg credit card dating back 5 years ago. The Egg credit card in concern was taking out 5 years ago and when all the "hype" around incorrectly termed credit agreements where in the media l wrote to Egg requesting a copy of my credit agreement. At the time l spent 5 months going back and forth with Egg trying to get my credit agreement. After much time they provided an agreement but it was not the agreement dating back to when l originally took out the agreement but a more recent agreement "template". Furthermore some of the prescribed terms where not within the agreement. I wrote back and advised Egg the agreement was not enforceable and heard nothing back. Now last week l received a letter from Barclaycard stating that the debt had been assigned to Marlin and they will be chasing - which they are. So my questions are : 1. I have requested a copy of the debt assignment from Egg to Barclaycard, via Marlin, and they have said they cannot provide this. Surely if the debt has not been assigned from Egg to Barclaycard then they have to legal right to in turn assign it to Marlin and therefore Marlin have no right to chase for the debt ? 2. Do Marlin have the right to negatively mark down my credit file ? Any and all help would be useful.
  4. I lodged a complaint with Egg regarding an unenforceable CCA, after requesting a copy in January 2009. Today l have received this response. I am write in thinking l neeed to reply with the facts of : 1.) The "agreement" must state an "Interest" amount on "Cash advance" term 2.) The signature must be on the same page as the "Terms and Conditions" 3.) The fact the credit limit is deemed as "Credit Value" and not clear. Any help is appreciated. http://img137.imageshack.us/img137/1043/egg1.jpg http://img267.imageshack.us/img267/4681/egg2.jpg http://img412.imageshack.us/img412/1463/egg3.jpg
  5. I work for a company that has a debtor owing £4,364.86. We have a Judgment against him, a warrant of execution and the baliffs have been out (although about 12 months ago). We have also issued a "Order to attend questioning" - which has been completed. The question l ask is what would l get if l paid and completed an "Attachement Of Earnings" form to get him to pay monthly direct to us from his wages. He currently "states" he earns £200.00 per week. I know the cost of getting this done is £100.00 but l am happy to pay that if the guy ends up paying (for example) £15.00 a week. Any advice is helpful.
  6. I have a CCJ against me in relation to a judgement dated 28th April. I received confirmed from debtor that they received my payment - the letter was dated 28th May. I therefore wrote to the court to remove the CCJ however they have replied saying this cannot be done as the payment must be cleared within one month of the judgement. However the judgement says payment must be received by the Claimant within one month. I guess l need to apply for it to be set aside ? How do l do that and what form ? or is their an easier way ......
  7. Well l have a letter from the Claimant and have forwarded it to the court - and called the court. However they are still saying it needs to be cleared payment by one calendar month. But l am sure and it does say on the judgement paid one month.
  8. I have a CCJ against in relevant to a judgement dated 28th April. I received confirmed from debtor that they received my payment - the letter was dated 28th May. I therefore wrote to the court to remove the CCJ however they have replied saying this cannot be done as the payment must be cleared within one month of the judgement. However the judgement says payment must be received by the Claimant within one month. I have paid the judgement and just want the CCJ removed. Any ideas ?
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