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multiple creditors and court action...


Marino13
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I have a friend on CAG who has advised me to join here, and I'm pleased I did. Lots of good info...

 

bit of a novice, so can I just ask..

 

I am on the verge of being taken to court, and sent the usual CPR requests, and had no response, they just ignored them (why is the case not thrown out for non-compliance, by the way? I am at an obvious disadvantage, am I not?)

 

As they wont respond to the CPR request, is it worth making a SAR request directly to the creditor? is there any benfit to this? if they fail to act on it, is that more ammunition for me? will a case be delayed until they honour the request? or is it just the same information I would get for free under a honoured CPR request.

 

Its just frustrating that they ignore me and I can't seem to force them to do anything..

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whats CPR?

if you mean CCA request, then if you paid the £1 fee & its passed 12 working days, they have failed to comply, wont go down very well in court.

 

now about the court threat, is this just a threat-o-gram from a DCA? if so ignore it THEY HAVE NO LEGAL POWERS!!!

 

more info please

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You say you are on the verge of being taken to court - which implies it hasn't actually happened yet.

At the moment there is no court case. Civil Procedures Rules govern the conduct of court cases. As there is no case (yet) a CPR request is meaningless and will justifiably produce no response.

 

What's the claim about? If it's for a loan or credit agreement of some sort you should make a request for a copy of your credit agreement under S77/78 of the Consumer Credit Act. Costs £1.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi there,

 

I didn't explain very well, sorry....!!

 

I have just reached the court stage, and with help from this site, sent a Civil Procedures Request, which is supposed to make them pass to me all the docs they seek to rely on in court; however, they have ignored this request.

 

As this goes through their solicitors, I was wondering if I could force them to reveal the documents they hold through directly sending a Subject Access Request to the bank itself, who may be more inclined to send that info otherwise they are in default of their responsibilities...

 

just not sure if its worth an extra £10...I did send a CCA request, but only got back an application form which seems to lack the necessary info..

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this may have an obvious answer, but a quick question...

 

if you get taken to court, and lose, how doers the judge go about setting the level of payments, and what would dictate if they would issue a charging order?

 

I am curious as I have just received my first court summons. As I have several creditors, all of whom may take me to court, would a judge have to take that into account when setting repayments, or would he just base the repayments on what I could currently afford based solely on that one creditor who had taken me to court?

 

if thats so, what would happen when the next creditor takes you to court? wouldn't most of your available income have been given over to that first creditor, leaving nothing?

 

and would that then be discriminating against those other creditors..?

 

all very confusing,anyone who knows about these things let me know your thoughts...

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thanks, thats really helpful.

 

It would seem though that the first creditor to get a judgement gets most of the money, because any future income form you fill out would have far less 'free' cash (not that theres much of that right now!)

 

is the income expenditure just against the named person, or is it for the household do you know? husband and wife, or just husband OR wife...

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  • 3 weeks later...

I'm curious about an aspect of DCA's taking us to court...

 

I am having dealings with Arrow Global (an American company that, like a whale with plankton, hoover up huge quantities of debt) who are represented by Weightmans.

 

My account has been in default of a SAR request for over 5 months, and Weightmans were informed of this in December, with the relevant legal wording (may not be passed on to another creditor etc).

 

My point is, Arrow probably rely on advice from Weightmans on an accounts status, and if court claim is the correct path to take. If Weightmans are aware the original creditor were in breach of regulations by passing on the debt illegally, and still are, and yet have continued to work on the account and even issue a court claim, are they not breaking legal guidelines and data protection

 

Are they not knowingly breaking the law? this just seems a huge issue to me. Would the court not regard it as such?

 

views welcome..

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Hi, failure to comply with a CCA request is no longer an "offence", this was done away with last year, however the OFT guidelines and the cuptr2008 both say that while an account is in dispute no further action should be taken by the creditor.

 

A subject access request comes under the data protection act, in the request you are merely asking for copies of all the data they hold on you...this doesnt preclude them from selling the debt on.

 

Now you can complain to TS/OFT/FOS, regarding the OC pursuing the debt while the account is in dispute...but this isnt going to change anything as regards the sale of the debt IMO

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 2 weeks later...

I suspect I know the answer, but would welcome feedback...

 

my wife has been fighting Lloyds over a credit card debt (standard thing, lack of agreement, failed to respond to CCA requests) and it came close to being struck out.

 

They then made an application notice for a telephone hearing, to set aside the order. The judge will hear their challenge but has now ordered it be in person, not by phone.

 

I can list their points if anyone is interested, on which they are trying to get it adjusted, and see what you think...

 

The problem is, my wife is 5 months pregnant, and has had a tricky pregnancy, and our GP has advised she avoids stress and takes it easy; as such, I do not want to expose her to such a stressful situation.

 

Therefore, with these mitigating circumstances, do you think its ok to advise the court of this, and submit a written challenge to their application instead, as this is not a full hearing?

 

any advice would be welcome

 

as I said, happy to post their application as well, if anyone wants to see if it has any merit..

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I would get advice from the Court whether you can be appointed by your OH as the person who can deal with her claim as her representative so to speak.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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The trouble with a written challenge is that if there are questions arising from it, there is no-one to answer, and you don't hear the other sides arguments either which may lead to questions which could help your wife win.

 

Your wife could ask for you to be her McKenzie friend and deal with it for her, or she could ask for an adjournment on health grounds. I imagine a letter from her doctor would help. http://en.wikipedia.org/wiki/McKenzie_Friend

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hope you guys can help....

 

I have been dealing with Restons for several months over my debt to HFC, and we are close to going to court soon (a date in June). The case is probably up in the air, as I am not sure they have the best documentation, but it could come down to wh othe judge is etc.

 

So I made an offer of payment per month, of £20, directly to HFC to test the waters, and have just received a letter back.

 

In it, they agree to the payments, as long as they can draw up a consent order; the draft I have been sent looks ok (reviews can increase or decrease the amount etc, both parties must agree etc, enforcement will only go back to court if I default 3 months in a row etc)

 

My questions are:-

 

is there any hidden danger with a consent order? its not a CCJ, which is a plus, but is there anything to be wary of?

 

also, the amount owed includes all legal costs incurred so far, though interest and charges are now frozen permanently - does this sound fair? should I push my luck and try to get legal fees split, or just settle up for the peace of mind.

 

I am fighting several other battles, so one less one is mighty tempting at a repayment schedule I can meet..

 

all opinions welcome....

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Just bumping back up, hopefully someone can give an opinion.

 

I need to respond soon, so all help appreciated.

 

One thing I have noticed is the final sum they are setting to be repaid is actually a couple of hundred pounds on top of the original figure sought in the court claim, which itself included court costs - is this normal? should I just agree to settle to get one problem out the way...?

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Hope you guys can help....

 

I have been dealing with Restons for several months over my debt to HFC, and we are close to going to court soon (a date in June). The case is probably up in the air, as I am not sure they have the best documentation, but it could come down to wh othe judge is etc.

 

So I made an offer of payment per month, of £20, directly to HFC to test the waters, and have just received a letter back.

 

In it, they agree to the payments, as long as they can draw up a consent order; the draft I have been sent looks ok (reviews can increase or decrease the amount etc, both parties must agree etc, enforcement will only go back to court if I default 3 months in a row etc)

 

My questions are:-

 

is there any hidden danger with a consent order? its not a CCJ, which is a plus, but is there anything to be wary of?

 

also, the amount owed includes all legal costs incurred so far, though interest and charges are now frozen permanently - does this sound fair? should I push my luck and try to get legal fees split, or just settle up for the peace of mind.

 

I am fighting several other battles, so one less one is mighty tempting at a repayment schedule I can meet..

 

all opinions welcome....

 

There are no problems per se with a consent order BUT there may be a problem with this one.

 

Can you post the actual wording of the draft order

 

My immediate concern is exactly how the review of the amount works...That is potentially worrying - who decides is it agreement or is it them - if it is by agreement what happens if you don't agree - what does it mean that it goes back to court if you miss three months - is it a Tomlin Order?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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hi guys,

 

quick question. I have a court hearing coming up in the near future, for which I was getting prepared, when out of the blue I received an application for summary judgement, which is due to take place in the next 3 weeks, and for which I have to prepare a defence in a matter of days.

 

At present, the only defence on record is the 'embarressed' defence, I have not had a chance to prepare anything else, as they only gave me some of the docs I requested WITH the application for summary judgement - in short they are doing everything to put me at a disadvantage they can.

 

My problem with all this is that there is absolutely no way I can go to court on the day required, because of the lateness of receiving the order. Can't go into details, but my job means I must be working that day.

 

What should I do? I plan to draft up a witness statement with full details of why their claim for summary judgement should be dismissed; I think I can point to enough issues that on point of law the judge would have to accept I have a claim to defend

 

The thing is, would the judge award judgement to the claimant just on the grounds I don't turn up? I will submit a written witness defence, and inform the court I am unable to attend

 

would he/ she consider the written evidence I send in (witness statement), and if I can show on points of law there is enough to take to a full trial, then my failure to be there in person wont matter?

 

I don't think the creditors paperwork is strong at all, and the summary judgement tack is usually a good indication they have a weak case and want to try and force it past a judge..

 

bit worried about all this being sprung on me, and need to move fast, so would appreciate LOTS and LOTS of advice....QUICKLY!!

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Apologies, this is duplicated in the general debt forum, should have been here...

 

hi guys,

 

quick question. I have a court hearing coming up in the near future, for which I was getting prepared, when out of the blue I received an application for summary judgement, which is due to take place in the next 3 weeks, and for which I have to prepare a defence in a matter of days.

 

At present, the only defence on record is the 'embarressed' defence, I have not had a chance to prepare anything else, as they only gave me some of the docs I requested WITH the application for summary judgement - in short they are doing everything to put me at a disadvantage they can.

 

My problem with all this is that there is absolutely no way I can go to court on the day required, because of the lateness of receiving the order. Can't go into details, but my job means I must be working that day.

 

What should I do? I plan to draft up a witness statement with full details of why their claim for summary judgement should be dismissed; I think I can point to enough issues that on point of law the judge would have to accept I have a claim to defend

 

The thing is, would the judge award judgement to the claimant just on the grounds I don't turn up? I will submit a written witness defence, and inform the court I am unable to attend

 

would he/ she consider the written evidence I send in (witness statement), and if I can show on points of law there is enough to take to a full trial, then my failure to be there in person wont matter?

 

I don't think the creditors paperwork is strong at all, and the summary judgement tack is usually a good indication they have a weak case and want to try and force it past a judge..

 

bit worried about all this being sprung on me, and need to move fast, so would appreciate LOTS and LOTS of advice....QUICKLY!!

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You should apply to have the hearing postponed, giving the reasons.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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