Jump to content

  • Tweets

  • Posts

    • Hi Thankyou for your response    yes it is ! I sent of a SAR and within the comms Log Lloyds advised PRA  no CCA or paperwork available  .  hence account unenforceable.   The default is listed as PRA so does that mean it’s active ?  I can’t see a default for LLoyds on there.  I will follow your advice Thankyou 
    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Good Evening,    Please may I ask for some information re default markers on Credit Report ?    I had a CC with a Bank default around Jan 2014. Nothing was registered on my Credit Report The debt was later sold on a few times. Eventually to PRA in 2017 where it is unenforceable.   On my Clearscore report that I have recently downloaded it says “ In default PRA GRoup 5th April 2017”. when I click onto this it shows no markings on any month from 2014. so my question is can PRA register the default from 2017. I’m unsure if it drops off from The bank in 2014 or after PRA registered in 2017.    thanks for any advice you can give   
    • there you go all done i thought i could see you'ed left your reg number and their PCN number in your pictures.   there are quite a few threads here on this only allowed 30mins on certain esso forecourts total rubbish ofcourse  and none haver gone anywhere so far FWIW.   dx      
    • Highly likely providing you were the first private buyer to purchase the car with HP or conditional sale outstanding the solicitors will conclude that you have good title and act accordingly  As dx says let consumer law deal with this, keep the vehicle well hidden just in case but if you turn up at the sellers work and cause problems and the Police become involved  its highly likely you will be the one with big problems 
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Arrow/copes claimform - old HBOS Loan


Please note that this topic has not had any new posts for the last 1924 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all, what a great site.

New here, not a complete dummy when it comes to taking the ****** DCAs on, but a little deviation from the normal proceedure has created a question -

Got a CCJ from the Northampton clearing centre, a week later got a bog standard letter saying its being transferred to Guildford CC. I live hundreds of miles away from there, and have never lived there.

So the question is this - can I still send a "prove the debt" letter to the claimant?

And if I can - how does that affect the CCJ?

Many thanks in advance all.

Link to post
Share on other sites
  • Replies 125
  • Created
  • Last Reply

Top Posters In This Topic

Has the CCJ actually been granted against you or has a claim for a CCJ been filed against you?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi rory, sorry, should have been more specific. Ive just got the CCJ application and the letter of transferrance so I assume its just been filed at the moment

Link to post
Share on other sites

Okay what type of account is it and when was it taken out? Also could you please post the Particulars of Claim. When did you receive the claim form?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi rory. Its for a credit card taken out around 5 or six years ago. The issue date on the Claim Form is 18/03/08.

Claimant - Arrow Global

Address for sending documents - Copes Solicitors

 

Particulars of Claim -

1. The claimant is Assignee of the debt from Halifax Bank of Scotland (HBOS)

("The Assignor")

The claim represents the balance of payments due under a loan agreement made between the assignor and the defendant regulated by the Consumer Credit Act 1974.

 

2. The Agreement provides for-

Payment of equal monthly installments

and

in default the assignor may recover the balance of the principal sum:

and

all charges provided for.

 

3. In breach of the said agreement the defendant failed to make payment or comply with a default notice served by the assignee.

The agreement was terminated accordingly.

 

4. the balance payable by the defendant i £xxxx.xx which is claimed together with costs.

 

Any suggestions please?

Link to post
Share on other sites
  • 1 year later...

Hi all,

I need some help re my problem.

 

I am now at the stage where Morgan Solicitors are threatening that if I do not contact them with an offer of payment on the Charging Order on my property, they will apply for an order of sale.

 

 

A bit of history.....

 

I have never responded to any letters or proceedings (my fault, nasty divorce and burying head in sand).

 

Can I start the original process of CCA, then SAR, then CPR?

If so, could it work at this stage should no-one have the requested documents?

 

Please advise and many thanks.

Link to post
Share on other sites

Hi,

From what I’ve read so far in other forums also is that the CCA request can be applied for at any time. I would suggest that you send the request to the solicitors too as they are now acting on the lenders behalf.... if they fail to produce the paperwork then they'll have trouble putting you through the courts for your home.

 

I may be wrong.... but you won't do any damage asking anyway.

Hope this helps and good luck.

Link to post
Share on other sites

I think they are tryig scare tatics - especially if they are saying that they want you to make an offfer of payment - if they had a CCJ then the payments would be set.

 

They can only obtain a Charging Order if they have a County Court Judgement against you.

 

Send off the CCA request asap and also a SAR might be useful to the company that the debt was originally with - they might be some charges etc you can claim back if the CCA is compliant and its useful to haev all the info you can if they do decide to start going down the court route

Link to post
Share on other sites

Sorry guys - CCJ already got last year. Forthwith.

Charging Order already got.

Now trying to sort it all out.

So is a CCA stil viable? And could it cause damage to them even now if they cannot provide a copy of the agreement?

Thanks all.

Link to post
Share on other sites

I think in theory it's possible. I read a post on here involving HFC/Restons/Marlin where the CCJ was set aside because the agreement was non-existant, with charging order discharged.

 

Definitely worth getting the Agreement, and then go from there.

 

For your information if they do decide to go for an Order for Sale seperate Part 8 proceedings would have to be issued and if your property is owned in joint names that the Trusts of Land and Appointment of Trustees Act would apply (I'm going from memory but I think that's what it's called!).

 

Courts are very reluctant to grant Orders for Sale.

 

Kind regards

 

 

Mark

Link to post
Share on other sites
  • 3 weeks later...

Hi all,

first can I just say that since joining this site and reading everything I can,

 

to date Ive managed to get just over £9000 "written off" or to the point that it can never be legally pursued, and for this I thank each and every one of you.

 

But now I have some questions that I hope some of you can help me with.......

 

Before I knew of this site, one of my debts got to a Charging Order.

 

with 3 kids to look after, very little money and a vindictive ex-wife firing all kinds of crap at me through her solicitor

- I pretty much buried my head in the sand and simply concentrated on getting my kids to school and going to work

- and it wasnt easy, believe me!

 

I couldnt even get Child or Working Tax Credits because the ex had mananged to have the payments transferred to her account (from mine) without my knowledge and the DWP wouldnt entertain any claim from me until they had contacted her, but she was keeping a very low profile.

 

One of my debts went through the usual Northampton County Court route, judgement forthwith etc, and then onto a CO.

 

In all that time, I never acknowledged ANY DCA letter.

I ddint acknowledge the County Court forms, in fact to date, I havent once responded to anything.

 

Im now getting threats from a DCA for an Order to reposses the house if I do not contact them and make arrangements to pay

 

So now is the time to try and sort this out, so here are my questions -

 

1. Can I still send them a CCA and if so, does the CCA carry as much weight as if it had been sent before a CCJ or CO was granted?

 

2. Can I SAR them and then move onto the CPR route?

 

I sincerely hope some of you guys have some answers here, and many thanks in advance

Link to post
Share on other sites

Hello Merlin,

As I see it, and this is only info I have gleaned from the web, so other may be better suited to advise, but if a charging order has already been obtained, then a CCA would be next to pointless as the court has already decided that you owe an amount of money (judgement) and have failed to meet payments so the court has placed a CO on your property.

However looking at the HMCS website, I fail to see where it says that a DCA can repossess the house in order to receive payment?

As I understand it, they only receive payment on the sale of the house?

Enforcing Judgement

 

Charging Order

 

A charge on a property means that if the property is sold, the charge has usually to be paid first before any of the proceeds of the sale can be given to the judgement debtor. You should note, however, that a charging order does not compel the judgement debtor to sell the property.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

they could try to enforce payment by asking the court to order you to sell, however, as you have a family the chances of this being granted is about zero, you may however have to come to some arrangement to pay them, I would offer the lowest amount you can afford, maybe a couple of quid, as previous stated pointless now going to cca as court order already in force,

It is a salutory lesson for us all in that these things must be headed off before dca gets near a court, I was in same position so believe me i know

Link to post
Share on other sites

As stated above a CCA would be pointless

 

How much is the debt for?

Do you have equity in the property?

 

When the CO was applied were there any stipulations made?

ie how much and how often to make a payment?

 

have you made any payments against the debt at all?

 

If a CO is in place and the debtor is not making an attempt to repay the debt, then the creitor has a right to apply for a sale order on the property, even though the courts and DCAs have been ordered to play fair when it comes to reposessions, this doesn't mean that they dont happen, so tread carefully over this, do not dismiss it!!

 

It is not beyond the reaalm of possibility to get a CO set aside, but it is far from straight forward, as the courts can take the opionion that you should have defended at an earlier stage

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Link to post
Share on other sites

Hi all.

thanks for the replies, very helpful but pretty much as I thought.

Just a query though - lets say they got the original CCJ by default (they did), but didnt provide proof that the debt belonged to me (Northhampton, so very unlikely). Surely then, if there is now no recourse for me to demand they prove the debt, what is to stop any of these firms simply applying for CCJs and attaching ANY debt to a debtor by gambling that the debtor will not defend and knowing that once the CCJ is awarded, that debtor cannot get out of the debt - even if it doesnt belong to them?

This sounds rather loaded in a creditors favour to me.

Any suggestions?

Link to post
Share on other sites

I'd be surprised if a CCA was pointless. I would have thought that the first step would be to get the CCJ set aside and that may involve getting a CCA. If the CCJ was set aside then the CO could be knocked off. I'm not too well versed on this so it's just my opinion. Question is can the CCJ be challenged at this late stage, I think it can. Needs a legal boffin to help out on this one. Without a CCJ there cannot have a CO.

Link to post
Share on other sites

Merlin, I don't neccesarily agree that a CCA would be entirely pointless. There are many examples on CAG of people who have managed to get a CCJ set aside and the CO removed long after the event. I myself had 2 removed and the won the subsequent action. Both debts can no longer be enforced.

 

It is a long shot and requires a great deal of work but it can be done. but nothing is guranteed.

 

As others say the chances of the getting an order for sale is next to zero so the alternative may be to agree an affordable monthly repayment and take some comfort from the fact that they won't get a penny unless you sell the house.

 

Do you mind if I ask, how much the debt is and who the creditor/dca is? Also when was judgement granted?

 

It sounds like you've had a rough time. Best of luck with whatever you decide.

Link to post
Share on other sites

The CCA would be pointless in as much as they already have a CCJ and it is that which must be addressed first, simply making a CCA request will not undo the CCJ, nor will it cast doubt over the validity of the CCJ on its own.

 

The CCJ will need to be "undone" before the validity of the CCA once again becomes an issue

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Link to post
Share on other sites
The CCA would be pointless in as much as they already have a CCJ and it is that which must be addressed first, simply making a CCA request will not undo the CCJ, nor will it cast doubt over the validity of the CCJ on its own.

 

The CCJ will need to be "undone" before the validity of the CCA once again becomes an issue

 

I disagree that it is 'pointless'. I was in a very similar situation (I made a CCA request after judgement in 2 cases) and in both cases had judgement set aside and CO removed and cases were struck out and discontinued respectively. It certainly won't be easy but it MAY be worth a try.

 

As you know in order to 'undo' the CCJ you have to fulfil certain critera and one of those is that you have a defence in the event that the CCJ was set aside. Otherwise it is just a waste of the courts systems time to set aside a judgement if the outcome will just be the same. If there is no CCA or an unenforceable one then that would form the basis for the defence and as such I would advise the OP to try ascertain if one exists or not and if so is it enforceable. They will have to also convince the court they were unaware of the judgement and CO hearing too which could be a struggle.

 

I agree it is going to be a struggle as the CO has also been made final so judgement has been enforced.

 

I don't hearing a fat lady singing just yet but she is clearing her throat!!

Link to post
Share on other sites

Obviously it is the OP's optionto chase up on the CCA and/or the CCJ as they wish.

 

I have seen set asides awarded on the grounds of a CCJ obtained without following due practice, ie they broke the rules when obtaining the CCJ.

Had the CCJ been obtained without breach or irregularity, then the set aside would have failed.

 

I have seen many CCJ set asides refused when the only defence was a defaulted request for the CCA.

 

But there is always a first time :D

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Link to post
Share on other sites

Hi all again - Hi Funkyfox, seems like youve been here!

This is getting very interesting. A bit of info -

The CO ws obtained around 12 months ago and I havent heard anything till now.

In the 4 years since the account (if mine) went into default, I havent acknowledged ANYTHING whatsoever. My fault I know, but now its time to sort it all out.

I think my starting point is a CCA - if no-one can prove this debt then how can any court endorse it? Isnt it the rule of thumb that the creditor has to prove the debt - not the debtor?

Following on from this, surely a court is wrong to award a benefit to a creditor simply on their say so? If so, then whats wrong me me accusing anyone of owing me money and taking the chance that they do not repond thereby having that debt enforced against them knowing then there is nothing they can then do?

There must be a way out of this. The scenario as it stands seems quite unjust.

Link to post
Share on other sites
  • 2 years later...

Hi all,

had a CO on my house for 5 or 6 years. All been very quiet since it was put there.

Now suddenly Im getting letters from Maddersons Solicitors saying that they are looking at my case with their client (Arrow Global) to establish the best method of enforcement they can use to obtain payment.

So how likely is a Judge to order a sale should it go back to court?

The debt is £2700+.

There are no children living here.

Thanks all.

Link to post
Share on other sites

have you been making regular payments to reduce the debt? Or has nothing been done since the charging order?

If you have been making regular payments and reducing the debt, then I think it would be difficult any judge to order the enforcement. On the other hand if you've done nothing then I think that there is a real risk.

Link to post
Share on other sites
  • 5 months later...

Hi all. As said in the past, before I found CAG I got a CCJ and consequently, a CO.

 

Now Ive followed a few threads on here re CCJs and how, after six years, a DCA would find it very difficult to "re-enforce" that CCJ,

and has to first get the permission of a judge and that permission is very rarely given.

 

I cant find much more about this so can anyone tell me if this is a legal framework and under what rules it falls?

 

My second, and more important question is this

- if the CCJ gets to this six year rule without any attempt at collection, and for want of a better description, becomes "out of time",

how would this affect the CO obtained from that CCJ?

 

Surely if the CCJ "expires", then the CO could not be enforced either.

Or are they entirely seperate entities?

 

If they are linked however, then what rules/laws do I need to swot up on to arm myself?

Thanks all.

Link to post
Share on other sites
  • dx100uk changed the title to Arrow/copes claimform - old HBOS Loan
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...