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    • Millions of bicycles were sold this year, with fears there won't be enough for the festive period. View the full article
    • Thanks DX, I'm happy that there are no valid reasons for them not to send us documents via royal mail - they were after all perfectly capable of sending these two letters.   The 12+2 days end on 7 December so I will ensure the DD's are cancelled for these and the Hoist one that is also being paid monthly on that very date. 
    • Sorry to hear the news Dave.   As for sums on top of the £100, maybe the judge ruled against the £60 Unicorn Food Tax but allowed £25 claimform fee + £25 legal costs.  Just a guess.
    • Hi guys!   Update:   Been forwarding all the text messages to 7726   These were the text messages:   28 October: We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.   29 October: It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    30 October: The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.    2 November: We are now preparing to send a Letter Before Claim. Call 01422746202 to resolve this matter.    6 November: We have now have issued a Letter Before Claim which you should receive in the next few days. Pay the balance due to Photo Studio Group now.  It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group online now.    8 November: Click the link to address the £1182.89 due to Photo Studio Group to avoid legal action 12 November: A County Court Claim will impact your ability to obtain credit for up to 6 years. Pay online to stop action.  13 November: We are concerned you have not responded to the Letter Before Claim regarding the balance due to Photo Studio Group?   15 November:  Call AJJB Law regarding the letter you have received from us in order to stop Court Action on 01422746202.    21 November: IMMEDIATE ACTION REQUIRED. Pay £1182.89 due to Photo Studio Group online to stop Court action.  23 November:  We haven't received a response to the Letter Before Claim issued by us. It's imperative you act now to avoid Court Proceedings.  We will be conducting a Pre Court Action Review this week. Pay £1182.89 online today or set up a plan to stop.    26 November: IMMEDIATE ACTION REQUIRED. Pay the balance of £1182.89 online today to prevent further legal action.  29 November: We will be conducting a Pre Court Action Review this week. Contact us today on 01422746202.  2 December: You haven't replied to the Letter Before Claim from us. Costs and fees will be added if we issue a County Court Claim.    Emails:   10 Nov:   Dear -----, LETTER BEFORE CLAIM AJJB Reference: .... Our Client: Photo Studio Group Balance: £1182.89 You will now have received a Letter Before Claim issued by us regarding the balance due to our client. It is important that you do not ignore this letter and read the contents carefully. If you have a query relating to your balance then please contact us to discuss urgently. If you wish to make payment to settle the balance you can do so through our website www.payajjb.co.uk or by calling us on 01422746202. Alternatively an income and expenditure statement is enclosed in the letter, if you are unable to repay the balance in full, payment arrangements will be considered based on your circumstances. Payment arrangements can also be submitted via our website. Please respond urgently to avoid Court action. Yours Sincerely, AJJB Law   19 Nov: Dear ----, RESPONSE REQUIRED AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 Our records show that you have not responded to the Letter Before Claim issued by us, or our previous attempts to contact you. We hope to resolve this matter without the need to issue a County Court Claim but we only have a limited time to do this. In order to come to a suitable way forward to address the balance please contact us today using one of the following methods: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Hopefully we can agree a way forward without the need for further action. Yours Sincerely, AJJB Law   27 Nov:   IMPLICATIONS OF A COUNTY COURT JUDGMENT (CCJ) AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 We are now in a position to issue a County Court Claim to recover the balance due to Photo Studio Group as we have not received a satisfactory response to the Letter Before Claim. This could result in a CCJ being registered against you As previously mentioned, we wish to resolve this matter without the need for legal action, however, we are unable to do so if you do not address the balance due. A CCJ will have an adverse impact on your credit file and will be registered for 6 years. It will affect any future lending decisions including applications for loans, mortgages, tenancy agreements and the purchase of goods on credit (for example a mobile phone contract). You can stop further action now by contacting us to discuss your circumstances or by making payment: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Please do not ignore this email. Yours Sincerely, AJJB Law I also received two letters to the address I currently live in:   1.  A letter before claim    2. Implications of a county court judgment   Please let me know if I should proceed in any way.   Thank you all for your time!        
    • for whatever reason they fail the 12+2 working day time limit you may cease payments.   as for their stupid excuse to gander email details you do NOT.   they know full well there are ZERO Gov't guidelines regarding mail , .
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Unenforceable Credit Agreement?


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I worked in the Legal Department for little woods for a time so know they will wipe that one off.

So are you saying that although they cannot provide my credit agreements I still have to pay it??

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So if they cant enforce it how can they collect it? They dont have my new address. Plus, I read on here that the debt should be set aside without attempt to collect and any contact further to my correspondence could be reported to trading standards. I also read that I could even collect any payments made to them in the past, which I havent requested, and any bad stuff they have put on my credit file in the past should be cleared?? Very confused now!!!!!!!!!!!!!!!!

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Enforce means to take you to court, however they can still collect the money because its still a debt until such a time as a court says no or it go past the 6 years.

 

Of course you don't have to pay and after 6 years the debt will drop off but in the meantime they can still try to collect, update your credit file or sell the debt on

Live Life-Debt Free

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My understanding is that an IVA is essentially a new agreement to repay a lesser amount to a creditor i.e a fresh or new loan agreement that subsumes the original debt so a declaration of unenforceability is of no use. An IVA does not preclude a refund of PPI or excessive charges though

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  • 2 weeks later...

All my credit cards were obatained before April 2007. So I think I'll start by

trying to obtain copies of my CCA.

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Send your request to whoever is chasing you for the money, ie if the debt has passed to a DCA then write to them with your request. they will pass your request to the OC.

I would recommend that you do a SAR instead of CCA request as most of creditors appear to supply reproduction copies of CCA's.

 

if the litigation then ends up in a court room (having requested a SAR ) the OC cannot produce evidence other than the info included in the SAR. with a CCA they can

 

good luck

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Hi, new to this site but we are currently dealing with a company called Red Kite Ethical Debt Solutions. We are in the final stages awaiting for a court date. Just wondered if anyone else had dealt with them or heard of them.

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Hi thanks for the reply. They have told us that this charge does not apply to us as we joined them through another company (it was very complicated), they say that their charges are claimed back on top of ours with the solicitors cost in court.

 

To be fair they have been good up till now but seem to be taking their time promising a court date, we have been with them since January.

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Thats interesting Credit Clear Services who we were orginally with were some how linked to Ratio Money, but I believe they had some sort of falling out. We have been trying to sort this since July 08, but have only been with Red Kite since Jan 09.

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That is right. Ethosvision (Mark Pope) (?) to Credit Clear Service (Mark Pope)to Claims Warehouse to RatioMoney I believe to be the trail. No further fooes to us. i am getting good vibes from RatioMoney. WEe can speak about this if you like.

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  • 2 weeks later...

hey people im a novice here but reckon I got this credit agreement thing sorted, surly for starters a credit agreement must be a signed document between I and my lender, not just a booklet of terms and conditions??

The Apr must be clearly stated not just a phrase stating "will be determained etc etc"

Basically reckon my Vanquis agreement is not an agreement at all

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Hi, very interesting thread. I too have issues with a credit agreement that I believe is unenforceable.

My own situation is somewhat different as I have a loan that is in my name that was takwn out by my ex-wife. While we were separated she forged my signature (looks nothing like my own signature) and had the loan transferred to her own account. When I discovered what had happened I spoke to Northern Rock (NR) who supplied the loan. They told me that if I had a dispute I would be required to make it formal and it would have to be reported to the police. The problem I had was that if I reported my ex to the police and she was convicted of fraud, she would lose her job which would then warrant her being eligable for more maintenance from myself - catch 22. So until now (3 years on), I have reluctantly made the loan repayments every month.

While reading some of these threads I believe that the agreement may actually be unenforceable as the APR and repayment amounts stated on the agreement do not add up. The APR is listed as 5.9%, the loan amount was £14000 with interest totaling £18480.00. The agreement states monthly repayments of £154.00 and a term of 120 months. There is no reference to a final payment.

If I use an APR loan calculator with the above APR, loan amount and term, the monthly payments come out at £153.65 and not £154 as noted on the agreement.

 

Does anyone know if I have a case to go back to NR and dispute the agreement?

 

Thanks, Stu.

Abanaza (Aladdins favourite uncle) - Where's my Magic Lamp?

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