Jump to content


  • Tweets

  • Posts

    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
    • So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.   I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?   I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...    
    • UPDATE:   Received 'Notice of allocation to small claims (hearing)' on Friday. Could somebody explain 4. please?     notice of allocation to the small claims track (hearing) REDACTED.pdf
  • Recommended Topics

  • Our picks

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4826 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello all at the CAG and all of those people helping one another out with their advice (my first post).

 

I have 3 loans totaling £45,000 and 7 credit cards with totals of £70,000 making total owed of £115,000. I contacted the CCCS (mid July), they have stated that I should make token payments of £1.00 pm, which I am doing. I have received default notices on a few cards and am due the others soon. I have not received any CCJ's yet.

 

Up until now I have been using my savings, this has now run out, to pay the lenders the monthly amounts. My Income has reduced from around £40k a year to £10k approx. I am self employed and paid on commission only (very irregular payments). I live in rented accomodation and the only real thing of value I have is a car worth around £6,000.

 

My debt is in the early stages of default, but I would like to be prepared when events become a lot more serious. If possible I would like views on the following:

 

Should I just file for bankrupcy and then get discharged as soon as possible (I will lose my job if this happens - but at least I will be debt free)?

 

An IVA may not be possible as I do not have a regular income and therefor cannot guarantee to be able to pay the agreed monthly amount.

 

What other options do I have, have I missed anything?

 

Your help would be very much appreciated and apologies for the length of this post.

 

Kind regards

netmot.

Link to post
Share on other sites

Hello all at the CAG and all of those people helping one another out with their advice (my first post).

 

 

Should I just file for bankrupcy and then get discharged as soon as possible (I will lose my job if this happens - but at least I will be debt free)?

 

Before decalring yourself BR u will need to have some legal or financial advise as the district judge will ask this before declaring yoruself BR. if u didn't have done this, then your BR order can be postponed until u have done so. Regarding Dsicharge, u don't get discahrge as soon as possible, u remain undischarge for a period of 12 month. However if u case is deemed by the OR straight forward and is happy with you and have been cooperating then they can apply for early discharge but it is no guarantee either !!!!!!

 

u will be debt free but your BR will remain wih you for the rest of your life! i think u shoudl really get some advise beforehand BR is not a quick fix option or an easy way out !

An IVA may not be possible as I do not have a regular income and therefor cannot guarantee to be able to pay the agreed monthly amount.

 

What other options do I have, have I missed anything? have you though about a DMP ? have u CCA them all ?

 

 

netmot.

 

hi netmot i hope it does help but think carefully before filing for BR as it seems u don't knwo very much if the consequence of BR such it can be difficult to get a bank account, saving account etc ... u r name is published in ur local paper adn the LOndon gazette so everyone can see it, u will have to comply with all the request with the OR , u may have an IPA/IPO against you for 36 month , u will have to declare to anyone that you have been BR when requested even when discharged....

Link to post
Share on other sites

Thank you phat256.

 

What is a CCA?

 

My initial thoughts are; if I have a DMP with the amount owed it will probably take at least 15 years to clear the outstanding debt. What is better, having the debt for this length of time of having the indignity of going bankrupt?

 

At the moment I cannot think straight and colate one with the other, all views are welcome.

 

netmot

Link to post
Share on other sites

I think you should have a chat in the first instance with the National Debtline, the service is free and independant....

 

0808 808 4000

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

A request for a copy of your Consumer Credit Agreement.....basically if they don't send you a copy within 12+2 working days they are in default of your request and a debt cannot be legally enforced without it....(you'd be surprised how many don't have copies and how many are unenforceable).....

 

If you are going to send off a CCA request (it only applies to Credit Cards and Loans) yo uneed to send letter 'N' from here... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need to send each request (to the Data Controller at the head office of the bank/credit card) by recorded / guaranteed delivery and send each request with a £1 postal order and do not hand sign the letter as it has been alleged that some debt collection agencies may try and 'lift' your signature onto agreements. !!!

 

This is the relevant act...

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

Thanks 42man,

 

Should I try this with all of my creditors or just the ones that will not accept the token payments or who have not stopped the interest on the account?

 

Am I not alerting them to the fact I will try everthing to get out of the debt, and will it not be seen adversly by them?

 

Regards.

Link to post
Share on other sites

It is your right to make a CCA request....

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

More inforamtion on Bankruptcy here http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/56970-insolvency-dealing-debt.html

 

On the surface it looks as if it is your best option.

What is your job? There are very few people who lose thier jobs as a result.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

gizmo111, thanks for the link. I have a car wourth around 6k, if I declare myself bankrupt would I be allowed to keep it, I would be unemployed but looking for a job?

 

No you wouldn't be allowed to keep it. Is it on HP?

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

No you wouldn't be allowed to keep it. Is it on HP?

If it is on HP you may be able to keep it.

We got to keep ours when husband went bankrupt in 2006. Also got to keep our house, but there was no equity in either.

The Official Receiver told my husband even though he could keep the car, the Finance company may still take it back as bankruptcy can invalidate a finance agreement even if payments were maintained.

Not sure how true that is. It never happened to us.

He was discharged a year ago and we just bought a new car on finance through a main Ford dealership. It went through OK in my husbands name. Not sure why, but the past bankruptcy on his credit file didn't seem to bother them. The APR is also not higher than usual. We thought we would never get credit again for at least 6 years but that isn't quite so as we just found out.:)

Link to post
Share on other sites

gizmo111, The car is not on any form of finance.

The Phantom, so there is a chance I may be able to keep it, thanks for your input.

 

No - you probably would have been able to keep it if you had it on HP. As it is worth around £6k, then it will be sold.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...