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  1. Hi there, I hope you can help; CCJ has been in place since 1997 and has been paid all the while. Original Claim form has Mr & Mrs names on as debt is joint All of a sudden, NatWest have passed Mr to Regal Collections (As I "am a homeowner" - haven't been for 12 years!) and Mrs to CapQuest. I'm concerned that if a CCJ is being paid monthly effectively in two 'installments' that everyone is going to get totally confused. Both collection companies are asking for the full amount (£19k) so how does that work?! Any help or advice massively appreciated. Cheers
  2. Hello, I am in the process of obtaining a judgement on debt. The Defendant has decided to defend the claim (most of which is false) and submit a counter-claim. I am about to submit my allocation form. Under the Civil Procedure Rules, I see that I can submit a "Reply to defence" and a "Reply to defence and counter-claim". Do these form two separate documents or one? Referring to 3.2 in the practise direction 15 of the CPR: 3.2 Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the re Is the "Reply" the "Reply to the defence", ie when the CPR refers to "Reply and defence to counterclaim" does it mean "Reply [to the defence] and defence to counterlcaim"? Thanks mkll
  3. Hi All My circs have recently changed (separation, loss of job, with dependants) And after one thing and another amd in a mess debt wise, Am n the process of sorting it, have agreed very reduced token payments with a couple of debtors. However, one of them (Next Directory), has now instructed Solicitors, and I have CCJ papers. My query is, I remember ages ago, sending them a letter (as advised by CCCS) requesting copy of signed agreement. They never sent me one, just some letter about how I am still legally obliged to pay. Looking on this site today (which is FANTASTIC by the way), it appears that I could have refused to pay/agreed to pay less????? I need to send these letters back today/tomorrow as due by 24th So any advice would be gratefully received Thanks
  4. Hello, Arrow Global purchased a delinquent debt from Nationwide going back to 1999, and have worked in conjunction with their letterheads-for-hire lawyers Shoosmiths in bringing about a CCJ against me which was granted last month by Northampton BCC. The CCJ was granted BY DEFAULT because I did not mount a defence at the time, because I was given to understand that the case would be passed to my local County Court, at which time I would then mount my defence (which is a robust one, as Arrow Global have NOT sent me a copy of the original credit agreement, which I have been asking for since the summer). Therefore the CCJ has been awarded to the Claimant Arrow Global, in the absence of any credit agreement (I have a letter from Arrow saying that they will try to find it for me; this letter is dated 23rd November, and the Judgment is dated 5th December!) Two days ago I sent my Witness Statement (together with my bundle including Exhibits A - T) to Northampton together with my N244 to attempt to set aside the CCJ. Now I get a letter saying that the case has been transferred to Norwich CC for enforcement! Arrow/Shoosmiths are therefore trying to get an Enforcement order on a Judgment which was gained without them ever having shown me the original credit agreement, as I have asked in accordance with my rights under the CCA. So what on earth am I to do now? Thanks in advance - I need help on this one! sarah.
  5. Hello, This post I've moved from the Bailiff & Court section. Arrow Global purchased a delinquent debt from Nationwide going back to 1999, and have worked in conjunction with their letterheads-for-hire lawyers Shoosmiths in bringing about a CCJ against me which was granted last month by Northampton BCC. The CCJ was granted BY DEFAULT because I did not mount a defence at the time, because I was given to understand that the case would be passed to my local court at which time I would then mount my defence (which is a robust one, as Arrow Global have NOT sent me a copy of the original credit agreement, which I have been asking for since the summer). Therefore the CCJ has been awarded to the Claimant Arrow Global, in the absence of any credit agreement (I have a letter from Arrow saying that they will try to find it for me; this letter is dated 23rd November, and the Judgment is dated 5th December!) The debt is for approx. £8,600. Two days ago I sent my Witness Statement (together with my bundle including Exhibits A - T) to Northampton together with my N244 in attempt to set aside the CCJ. Now I get a letter saying that the case has been transferred to Norwich CC for enforcement! Arrow/Shoosmiths are therefore trying to get an Enforcement order on a Judgment which was gained without them ever having shown me the original credit agreement, as I have asked in accordance with my rights under the CCA. So what on earth am I to do now? Thanks in advance - I need help on this one! sarah.
  6. Can anyone shed any light on the above question. I have been contacted by a debt company regarding a CCJ that was taken out against me some 12 years ago for rent arrears totally 500 pounds. This figure has now grown out of proportion to the original debt. I have been on the electoral roll for some 10 years without moving so it is strange why they have only now contacted me about this. What are my options? I have been made redundant recently and I am a houseowner and naturally I am stressed out about this.
  7. Hi I'm quite new to his forum so any help would be greatly appreciated. I had an egg CC which I defaulted on ( usual reasons; student with no money and even less common sense!). This was passed to capquest. As far as I am aware I haven't paid anything to them or acnowledged the debt since I defaulted. This was over 6 years ago as the details were removed from my credit file last year. I recently recieved a CCJ at my old address (which I still own) about 3 months ago which was forwarded to my current address last week. I have missed the 28 days to dispute the amount and judgement was entered against me on the 22nd October. I have spoken to the county court dealing with it today and was told there is a charge on my property and that I should file a N244 to have it set aside on the grounds that I never had any time to contest the debt. Do I still send the DCA a CCA request? Where do I go from here? Any help please as this is really getting me down.
  8. My Ex girlfriend and i used to have a joint debt management plan but when we split i got a new plan organised so i was only paying my debts offs and the joint debts.My ex hasnt paid a penny to her creditors since we split in january and now her creditors are chasing full payments and some have started legal proceeding against her. We have a joint mortgage together but she doesnt want anything to do with it and wants her name taken off but i cant do this until august other wise it will cost me 5000 to do so (basically a new mortgage). I already have a ccj which is charged to my property (this ccj was for a 12000 loan that i got out for my gf to consolidate debt) My ex has never paid me a penny towards the mortgage or towards paying off the debts. she now lives in ireland and is on benefits and even though i keep telling her to contact them she always has a excuse. im really worried that all her debt will be charged to the property. When we brought the property i put 35,000 of my own money on the property. Her debts are about 20,000. I dont want to loose the money that i have worked so hard for. Can someone tell me wether the courts could charge all of her debts to the property even though she has never paid a penny towards the mortgage etc. Any other advice would be helpful.
  9. A word of advice to anyone who has a debt with these organisations. Don't expect to get any Justice or reasonable behaviour from them. Thier first priorty is to use any means possible, including illegal means, to make you home less even for a small ammount. Never trust what they tell you it's all lies any way. Most Importantly watch out for their mates who are District Judges. When dealing with them allways remember they are above the Law and authorised by the courts to act how ever they like in order to extract the maximum ammount of money from you. this includes redicouls charges like £1500 a month intrest on a debt of £1,300. If what ever reason you do not beleive that they should enjoy this immunity from the Law then please please write to your MP and quote this case. You can quote the FOS referance ref: 9525388 so they can see for themselfs the poor state of affairs with unregulated banks. Act now. You never know when Reston's solicitors might buy your debt or if you are not in debt now then their is no doubt that you may well be in debt one day. Don't waite till it's to late take action now. Reston's solicitors are not fit to hold a consumer credit licence. Make your viwes know to FOS and your MP.
  10. Hi Just had very interesting letter arrive to me this morning. My Property Agent sent me it as it was sent to her from a Tenant at old address. The letter states Bailiff Removal in huge bold font with heading references underneath County Court Judgement and there reference number. Basically if I dont pay amount due then within 7 days bailiffs will seize goods from property. I rang them to find out what the hell it was, first searched for company and lets just say was immediately dubious when I foundthere website, or crappy one page web site with no info present at all. Searched net and cant find anything legal about them anywhere. Only registered entry in companies house. No registration with any other regsitered body Consumer Credit Act or even Data Protection The lady I spoke to you informed me it was regarding a financially arrangement I had with NAAFI back in 1999 (Whilst serving in Army) Medical discharged Army in 2000. Payments were made from wages back then I believe, cant remember to be honest. Basically she triedto explain who they were and why that letter was sent. Informed me CCJ had been applied late 2001 and they had purchased the debt and now demanding payment. I told her didnt know what she was talking about. Thing is I left army and lived at my property for over 6 years after discharging, moved recently since. I have credit reports dated back to 2005 till now and even present form address where I from 2000. None of these reports have nay signs of any CCJ on them. My assumption was CCJ applied to my address at time which was barracks on camp!! Also as cant find entry for them in Data Protection Register was rights do I have. They havent got a CCA licence which I can locate which I what I have been led to believe they need to register even if DCA and not actually lending money. Is this enforceable, can I fight this. I have googled and found cant statute barred if CCJ present. Lady told me she didnt have any details of the CCJ just the date. She didnt have any paperwork out she could send me. Gave my reference numbers and original finance details of company which I told her I would check out as just know what she was talking about. Read on here that you should play dumb and not acknowlege anything which I did Anyone got any info they can give me and guidance as to what steps can be taken Thanks skf58B5.pdf
  11. hi there, to summarise my situation, iv a lot of unsecured debt for which im paying a £1 a month to my creditors on a hardship basis. a previous property investment/mortgage brokerage company i worked took me to court regarding advisor fees that were outstanding for monthly fees to work for their company. in the letter they stated i owed them £750 for unpaid feed and for "their" equipment ( laptop and scanner) that i had not returned. now the facts are that i worked as a mortgage advisor for a superbroker (dunno whether i can mention their name or not!?) whereby they took a percentage commision and monthly feed of £100 for compliance backup. THIS company, not the investment company(from now on ill call them TOOL) provided the equipment originally. Now TOOL also worked under this superbroker, and i was told that if i joined them i would get 5 red hot quality leads of previous customers every week and would no longer even need my existing client base. Now as i was struggling a little i jumped at the chance, and switched accordingly-this was in october 2009. this consisted of judt transferring my registration with the superbroker to be under TOOL. however i had to now pay £150 a month as i got all these leads. i spent four months with them and the leads were low quality names off their old database( proclaimed as serious property investors off whom one could make a lot of money) and many hadnt even transacted with or heard of TOOL. in fact the majority it was impossible to even contact as the database hadnt been updated with invalid phone numbers or email. so iput my heart an soul into it thinking that maybe it would improve with time-but after speaking to fellow advisors who also jumped to TOOL with me at the same time, it became clear that everyone was experiencing similar results and were hugely disappointed. any way by march 2010 my contract with them was terminated as i had not written any business and i switched back to working directly under the superbroker. by july i left mortgage advice altogether when i realised that i needed to do something different to make money. BACK TO RECENT TIMES - TOOL sent a letter through a solicitor worded exactly as so -: 'We understand that to the period ending 31 July 2010 you owe our client £750 ("the debt") in respect of a laptop and scanner("the equipment") supplied by our client to you to carry out your employment. The equipment has at all times remained the property of our client and you therefore have no legal entitlement to retain possession of the equipment. We are therefore instructed to inform you that unless by 4pm on 10 August you pay the debt of £150.00 and return the equipment we will be starting Court action against you without further notice. We note that our client has already given you confirmation that payment can be made by cheque or bank transfer into the following account: (blah blah blah account details) This equipment must be received at our client's London office in full working order inside the seven day deadline. Should the equipment be damaged or fail to work properly then our client reserves its position to bring an action against you for cost of repairs or replacement value. ' END OF LETTER I was abroad when this letter arrived ( all paid for by partners family in case you think im not that poor!) an the seven day deadline had expired by a week. When i read the letter the facts were incorrect and seemed contradictory and i foolishly thought to leave it( yes i know, but i have been so stressed and had broken my arm while away meaning i could no longer do my new commidion only reps job- i buried my head) THe court letter came near end of september but the wording was noticeable different to letter from sols- exact wording:- '1. The claimant is and has at material times been a mortgage brokerage. The Defendant was at all material times employed by the Claimant in the capacity of a mortgage broker. The Claimant provided the Defendant with a laptp and scanner("the I.T. equipment") at an agreed cost of £150 a month. It was a term of employment contract that when the Defendant wrote business, the cost of the I.T. equipment would be offset against commision, and the net paid out to the Defendant accordingly. The Defendant failed to write any business and since leaving the Claimant's employment has failed to return the I.T. equipment. 2. To end March ,the Defendant owed the Claimant £750 3. Despite repeated requests, the Defendant has failedto pay the sum of £750. 4. THe Claimant is entitled to interest pursuant to Section 69 of the County Court Act 1984 AND THE CLAIMANT CLAIMS:- 1. The said sum of £750. 2. Interest pursuant to Section 69 of the County Court Act 1984 at the rate of 8% per annum from April 1 2010 to the date of issue, amounting to £26.63 and continuing to Judgement or earlier payment at the daily rate of 16 pence. 3. Costs " END OF CLAIM When the letter from the court came i had a mini breakdown( not proud of it) but just over a week i got myself together. i tried ringing the mobile of the director named in court letter but always was off and could not leave a message. I finallly managed to get hold of him by the thursday of last week and he was fairly calm and said i just had to get a letter from the Superbroker confirming the return of the equipment and he would work out what i owed them and he'd tell me the correct figure-once i had that i was to ring him to confirm. He also said that the Superbroker was billingthem monthly for the use of the equipment. So feeling a lot of relief, i contacted the superbroker and asked for confirmation re return of THEIR laptop and scanner,and the lady there seemed perplexed by TOOL's statements and said that the fees were not for hire of the equipment, which incidentally was THEIRS not TOOL's and that TOOL left the superbroker shortly after me and certainly were not being billed for anything....Curiouser and curiouser.... anyway by the next day i received email confirmation of my safe return of THEIR equipment. that day was friday last week and i tried repeatedly tp contact him but he had his mobile off all day and was not in the office. so i texted him of the scenario and hoped to speak to him monday( yesterday) - i asked him to provide his up-to-date email address (as i only had his previous superbroker email which was obviously no longer valid) so i could forward this confirmation to him. I tried calling him again to no avail but managed to speak to him eventually in the afternoon whereby he said that i just owed them £600 now. I told him of my current financial plight and debt problem whereby i could only afford a £1 a month and he said to send him the offer and they would accept that. LO and Behold today ive received a letter from the court daying they obtained a judgement for £ 936 to cover £750 debt interest and costs. I knew the court deadline was close but i ( turns out foolishly) assumed that considering i was currently negotiating directly with the client, and that certain facts were evidently UNTRUE , that court action would be abated. I was going to send the letter to TOOL today but now i dont know what to do ?! For anyone who read all of the way through this, THANK YOU VERY MUCH FOR YOUR PATIENCE. All i want to id there any way i can get this judgement removed for any reason , bearing in mind conflicting claims from solicitor and court and also incorrect information re: equipment issues. I also fel i was enticed to move to TOOL under false pretences, i.e. great leads and support, when in fact i got rubbish leads and almost no support. I spent lots of money travelling up and down the country for meetings, converted my garage into an office, bought furniture etc. i was told of how i would be able to make a difference to my familys life because of the great income opportunities, when in fact i was a glorified unpaid telesales chasing some of the worst leads i have ever had the misfortune of been given. I could have used that time to try and earn money from real prospects or even get another job but instead put all of my eggs into their basket because of the "fantastic" client database they had( purchased on a song i believe). PLEASE PLEASE CAN SOMEONE ADVISE ME AS I UP A METAPHORICAL HEIGHT AGAIN . Again a massive thank you to anyone who could be bothered reading my essay, even if you cant help thx for trying. cheers in advance, marky313:sad:
  12. Hi, a different perspective on this. Im being taken to the small claims court for a private Ebay sale. I sold a Tent in Nov 09 which was collected in person and paid for in cash. 230! days later the buyer tells me it wasnt as described and wants a refund. I said if he had come to me sooner I could have validated his claim, but as its been soooo long (No feedback was given & my Ebay seller aco**** doesn't even have a record of the sale anymore!) that I cant now prove it is my fault or his. Under the sales of goods “reasonable” time is allowed for an (alleged) misdescribed private sale. As its a Tent would 230days (till June) be deemed a reasonable time? Im concerned Im going to get a ccj for a small claim of £120? Ive sent the court papers back stating Im going to defend the case. But Im still worried. But I genuinely feel that for a private Ebay sale, for the buyer to say he isnt happy 230days later is unreasonable. Am I likely to lose? many thanks.
  13. Hi Short posts, simple answer I guess too. I have a CCJ. I have got it set-aside from the courts, and have the paperwork to go with it. What do I need to do now? will the CCJ just go away, or do I need to do something about it? thanks
  14. hey guys , what it is i have few debts which has 2-3 years left till statue barred as they become 5 years without payment (i live in scotland). is worth me paying them small payment every month or just ignore the threats of the debtcollector's and so called solicitor's letters .they are all under £700 being most only between £200-£500 as i cant pay them in full and trying to support myself partner and 2 dogs on £1200 wage every (security job doing abt 60 hours a week) but it seem few i havent heard from a while is now demanding plus adding interest ? especially capquest who bought my barclaycard student visa from 2005 but defaulted in october 2008 abt £520 they are threathing me with court for ccj as they said they did a credit check found out i havent got any ccj yet trying to get me to pay up.i heard somewhere they might not be able to enforce the agreement due to it was signed in 2005 if they have it ? but something todo with an 2007 act etc on credit card agreement any enlighting would help cheers
  15. Hello, I have been outside the UK since early 2003. I have been in Latin America. However had several outstanding balances that I couldn't afford to pay and left it as that. I know since my departure there has been several times that Bailiffs did send letters to my mother's address in the UK, but she basically returned their mail. I know I have 2 CCJ's before I left the UK, and I am certain I may have some more right now, looking at all the other responses I would like to understand what can the DCA's do in this regard. I read something about 6 years or more, but can someone clarify this that a debt cannot be enforced as such after those years have passed. Also that I have never been in communications with any of the companies that I was in debt with since 2003. I am more than scared of returning back to the UK, as perhaps I may be arrested on the spot at the time of entry due to the CCJ. I just wish to visit my family there. Can anyone help...Thank you so much!
  16. Hello - I hope someone can help but I suspect my case is hopeless. Sometime ago I had a debt, this debt was sold to a third Party and then was again sold to Arrow Global - at the time I was suffering due to the death of a partner at a very early age. I ended up with a CCJ that I ignored and eventually an attachment of earnings that I now have deducted from my wage every month. Since reading this forum I have asked the solicitors representing arrow global for a copy of the letter of assignment and a copy of my original credit agreement. After my third letter they finally responded (this was sent on the 9th September and I only got the response today) The letter says ' I confirm that x purchased the portfolio of ys loans on 1st August 2006 and sold them to Arrow Global on 1st December 2006 as a portfolio of consumer loan receivables' xxxxxx office manager Arrow Global This does not look like a letter of assignment to me. They didn't get a copy of my credit agreement. Being as this ccj is live and I am paying off money every month is there anything I can do to fight this? Any help would be greatly appreciated.
  17. Just need some general advice as to whether this is allowed or not. My partner was issued with a CCJ in 2005 for debts to Nortumbrian Water of £668. The debt was not argued and mainly due to disorganisation was ignored (including the CCJ). She moved house 4 times between then and now and has never had any letters at subsequent addresses until this week. She has been on the electoral roll at every address. This week we received a letter from Alexander James & Co, acting for Northumbrian Water, requesting £733.12. She explained how the debt came about. As we weren't together back then I'm happy not to judge, etc, and happen to have £800 which I can use to clear this debt. So my next course of action was to check the Registry Trust to ensure the amount was correct ... which it wasnt. The CCJ was for £668 so not sure where £733.12 came from. However, the big shock is that there has been a SECOND CCJ entered for £1,281 for the same debt! I'm not entirely sure if this is lawful or not. The report reads: ** NAME ** NORTHAMPTON CCBC ** REF ** 20/07/10 £1,281 Unsatisfied Judgment * Address * ** NAME ** NORTHAMPTON CCBC ** REF ** 26/09/05 £668 Unsatisfied Judgment * Address * As we are in a position to clear the original CCJ amount, can the 2nd one issued just last month be set aside? Do we have a good case for this? If not, does the 2nd one supercede the first or is it in addition to? This sounds vaguely similar to this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?244317-Bryan-Carter-2-ccj-s-1-debt Should I be requesting paperwork from Northampton CCBC. Am assuming the 2nd was automatically entered as there was no defence. Thanks in advance for any clarity you can offer.
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