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DejaVu vs The Debts!


DejaVu
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This is going to be a long thread as it has now all come to a head and I am now losing sleep over this littel lot!

I am considering going to the CAB centre in town in the next few days, but thought I'd ask CAG for some advice as well.

I'll try to give as full details as I can remember, but some maybe incorrect as I have stupidily been putting this off for sometime, in some cases, years.

 

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First scenario,

 

Lowell Portfolio 1 Limited represented by Hamptons Legal

EGG Account

 

A letter came this morning from Hampton Legal explaining they are now the new 'owners' of this debt and state -

 

Legal proceedings may now be issued and served upon you without notice through the County Court, which if successful would incur you with payment of the following costs:-

 

Current Outstanding Debt - £1305.16

Court Fees - £120.00

Solicitor Costs: - £80.00

Interest: - £53.49

Please note this will substantially increase the amount you are liable to pay our client.

YOU CAN PREVENT THIS ACTION BEING TAKEN BY CONTACTING US ON 0133 308 **** AND ARRANGING FOR PAYMENT TO BE MADE.

 

It then goes on to say, it's not too late to resolve this matter...

 

Now, I realise this is the 'Scare Tactics' the DCA's use to get you to pay in panic, thinking it'll get worse.

 

This debt has been passed from pillar to post through alsorts of DCA's threatening and has yet to rise that much. I think the original debt was around £1,250 on a £1,000 limit card. So if my memory serves me correctly it was at least £250 in charges added.

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Second scenario,

 

Bryan Carter & Co Solicitors

EGG Account (Wife's card)

 

This is a little different. This card was from a previous address and didnt hear anything about this for almost a year.

Then moved. Stupidly, not informing them. This letter also arrived this morning -

 

Amount now dues: £1132.01

Dear Mrs...

 

We write with regard to this account which remains outstanding.

Proceedings have been issued in Northampton County Court under case number ******** and judgement entered against you on 16 Jul 07 in the sum of £168.00.

 

We have established that you are currently resident at this address and now intend to take steps to enforce the judgment.

Please contact us by telephone on 0870 112**** within the next 10 days to arrange payment failing which a warrant of execution will be issued without further notice. If it is necessary to issue a warrant, Bailiffs will be instructed to attend upon you and secure your property to repay the debt as a result of which additional costs will be added.

Yours sincerely....

 

Can they do this on a first correspondence in almost a year?

What avenues did they go down to locate us at our new address and what should we do next?

 

The original limit on this card was £800.

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Third scenario

 

Aktiv Kapital (UK) Ltd representing Harveys Furnishings PLC

Agreement Number *********

Outstanding Balance: £1219.58

 

We bought a Sofa on finance in 2003 started making the repayments as per contract, then lost my job and havent had anything substancial since (although I have had temping jobs keeping ourselves alive!).

 

Obviously, the account fell into debt and they have been chasing me up on it since.

 

The usual 'pay within 7 days or else' letters I've been getting since.

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We are a family of 5 currently living on benefits, with an extremely tight budget.

 

I am very active in seeking employment, but am struggling like the rest of the country.

 

Our main priority at the moment is getting food on the table for the kids and although we are managing to do it (just), the debts and current bills are falling behind and sleepless nights are starting to get to us.

 

On top of all this, we have other issues with other organisations as well which I'm going to list in the appropriate forum. These include -

 

Working Tax Credit and Child Tax Credit overpayment,

NatWest charging us again like it's going out of fashion! (for a second time after our first claim!)

PowerGen/E.on's most recent energy bill inflation crippling us as well (we pay weekly, but they didnt do their maths correctly and have sent as a huge bill all at once!)

 

I think that's it all out, more or less.

Can anyone point me in the right direction as to what I should do?

I know the obvious answer is to get a job - AND BELIEVE ME I AM TRYING SO HARD!

 

How can gain some breathing space until I'm in a better position to pay them off?

 

I know that just under £4,000 (in debts! approximately £7,000 overall) isnt to bad considering other peoples problems with mortgaes etc, but if you cant afford to pay it, it really is worrying!

 

Any advice is hugely appreciated, I'm off to CAB on Wednesday morning about this as well, just to talk to someone face to face about it.

 

Please dont scourn me saying 'you shouldnt have got into debt in the first place' I know that now and in hindsight that is excellent advice. These debts have bee carried through from my younger years and have come back to haunt me!

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First thing is to send a s.77 (loan)/s.78 (credit card) request under CCA 1974 to Hamtons Legal (Lowell Financial really) and the same to Bryan Carter (i think this may be Fredricksons) but i hear this company was closed last year (the solicitors, not the debt agency).

 

Send a s.79 to Aktiv as i assume it was a hp agreement? If a loan, use s.77.

 

Until a creditor complies with a s.77/s.78/s.79 request in the proper way, they cannot ask for payment. This will give you the breathing space you need, at least for some months or for good.

 

If you didn't know about the judgment you can apply to have it 'set aside' which means proceedings go to the beginning but this time you will ask for all documents, agreements etc. As you're on benefits, it is free for you to apply. Why is it for £168 when the balance asked is £1132?

 

CAB won't really help you much and i think you can do more from here.

 

Hope this helps.

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@Tifo

 

Thanks for that great information Tifo.

 

Only one problem, I'm very new to this and dont quite understand what these documents are. Where might I find the s.77, s.78 & s.79.

 

Apparently, Bryan Carter Solicitors has 'merged' and formed Crellins Carter Solicitors, wouldnt that mean I should have recieved a letter head with that on... Instead of Bryan Carter & Co Solicitors.

 

In doing this, are they breaking any laws or code of conducts if Bryan Carter & Co no longer, officially exist?

 

I most definately wouldnt have know of any 'Judgement' as the letters would have been sent to the wrong address, this is the first I've heard of this debt since at least October 2006 (when we moved!)

 

 

@firstwithit

 

Is this for real? If I got what you said...

The solicitor has been offered the job from EGG and has filed through the court to claim his payment for taking the job on?!

 

Surely, he should be paid by EGG after they have reclaimed the debt? No?

 

I have to admit, I am confused. It doesnt take much! LOL!

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Still in need of finding out what or where I can find details about a s.77, s.78 and s.79.

 

Also further info on how to get a 'setaside' after reading the details above.

 

Use this, head the letter as required, i.e. s.77 for a loan or s.78 for a credit card or s.79 for a hire purchase.

 

With reference to the above agreement, I require you to supply me with a signed true copy of the credit agreement under which this account is conducted, together with any other documents mentioned in it. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) of the Consumer Credit Act 1974 (s.78 (1) for running – account credit). Your obligation also extends to providing a full statement of account, detailing all charges and payments to the current date.

I enclose a £1 Postal Order (No. ................) in payment of the statutory fee. This payment is NOT to be used to credit my account.

 

If this debt has been assigned to you from the original creditor, I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974.

A signed true copy of the credit agreement, with any other documents mentioned in it, together with a signed true copy of the deed of assignment (if applicable), should therefore be supplied to me within 12 working days from the receipt of this letter.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the said agreement under the relevant sections of the Act.

 

Furthermore you are reminded that under s.78 sub section (6) whilst your default continues you are not entitled to enforce the agreement in law.

I look forward to hearing from you.

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DejaVu

Have a look at a thread near here headed Bryan Carter has issued a County Court Claim, hes tried to do the same to them as he is doing to you, but was unlucky!

Ok. Now I really am confused!

I feel like I'm biting off more than I can chew here!

 

Let me get this straight in my head.

I'm sorry if I sound stupid, but I dont want to make any mistakes.

 

Bryan Carter & Co Solicitors

Am I right in saying Bryan Carter has been handed this Debt by Lowell and applied his 'fee' to my debt account through the courts and because I have not heard about this sooner I need to apply for a 'Set a side' using the N244 Form and returning it to the Court that took the 'Judgement/Payment Fee' for Bryan Carter?

 

They have informed me that the Judgement was made in Northampton County Court...? Bryan Carter is in Surrey, I'm in Essex... Why? To think I wont go there for my defence?!!? He is soooo wrong! LOL.

 

If I'm sending this back to court, does it need to be Northampton, or is my local court good enough?

 

Then, I return a 'S.78 for a credit card' to Brian Carter as well asking for the signed Credit Agreement to be sent to me or do I ask Lowell or Egg for this, seeing as Brian Carter is only a Solicitor and not a DCA?

 

Aktiv Kapital (UK) Ltd representing Harveys Furnishings PLC

Seems easy enough, send them a 'S.79 for a Hire Purchase' and await a reply.

 

Lowell Portfolio 1 Limited represented by Hamptons Legal

Send them (to Lowell) an 'S.78 for Credit Card' and wait for a reply?

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Wow. I've just searched around the forums for the answers to the questions above and think I have it right.

 

I didnt realise how popular Mr Carter was until finding he'd supposedly gatecrashed CAG with his schpiel! It does seem a little strange that there are no real answers though.

 

I am going to completely ignore this letter I recieved from him after I've filed this N244 form and go back to dealing with Lowell for this debt, with perhaps a little mention of him in my correspondence with them explaining that he is being investigated by the SoS and should I recieve any more letters from this so called 'Solicitors Firm' I WILL file a law suit against harrasment from mis-representation!

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I've completed my CCA request letters, but am struggling with the N244 Form. I hate court forms and they always confuse me.

(All the silly posh words, that you wouldnt normally use in everyday life!)

 

Has anyone got an example I may use or details of the information I can use.

 

The N244 I am planning on using is this one -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Its all the 'particulars' I'm confused with (practically all of it!).

 

I wish to apply for the reason(s) below-

 

I didnt recieve the summons.

I wasnt given 28 days notice.

I wasnt living at the address when the judgement took place.

I did not receive any notification of the judgement/s made against me, and can appeal.

 

And the biggest reason of all...

The Solicitor currently applying for the judgement is under investigation by the Society of Solicitors for false representation...

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=494&d=1178721641

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