stick in the mud

[Guidodakillapimp]

Hi,

 

new to post here, but not new to the forum really.

 

Like so many people here I have been in serious debt over the years and currently I am making inroads to reaching settlements with many of my debts.

 

However I have one debt that I would like some advice on, and that is a loan I took out for a motorcycle way back in 1996, I was a lot younger and much less wiser back then, I was involved in an accident and the bike was written off, RIGP (LLoyds) kindly took me to court and obtained a CCJ against me all those years ago, and I have paid them ever since £20 a month!

 

Many many times over the years I have tried to reach settlement with these people, but to no avail.

 

Recently I have been dealing with other debts and reached settlement with them all - but this one seems somewhat more akward - obviously they obtained the CCJ and I have less room to haggle, but I am wondering if I should request the original agreement and see if its flawed in any way? I dont ever receive a balance of account and the outstanding balance is £2700 I have continued to offer 35% of the balance without success, I dont have a job currently and would dearly love to settle the account - could the original loan be untennable, I certainly think so, I was duped into buying the bike at the time - but where do I stand if they have a CCJ againts it, does that even matter all these years down the road (pardon the pun)

 

Thanks

[cerberusalert]

What was the amount of the original judgement? By my reckoning you have already paid £3000.

[Guidodakillapimp]

hullo and thanks for the reply.

 

The motorcycle cost £6800 approx at the time, I cant remember the precise judgment details though.

 

having said that, i just realised that I traded in a relativley new bike at the time, so the £6800 justing being the cost of the new bike means the amount outstanding should be much lower.

[cerberusalert]

The only way I can think of which might force their hand into accepting a full & final offer would be for you to apply to the court for a 'redetermination order', this normally costs £35 but if you are on benefits it can be waived.

 

What this does is allows you to apply to the court to have your payments reduced because of your circumstances. You will have to furnish the court with an income & expenditure declaration which if you fill in truthfully will show that you have minimal disposal income once your immediate needs are taken into account. There would be every possibilty that the judge would drop repayments to as little as £1 per month. With a balance of £2700 that would take 225 years before your creditors received all their money. Do you see the logic?

[Guidodakillapimp]

Indeed i see your logic very clearly, and it would be more agreeable then paying them £20 a month for the next however many years.

 

The sechiari clark n mitchell's standpoint is very sad really when I am trying to do my best and reach agreement over this final debt affair, yet these b*ggers are not interested - I would dearly love to reach agreement and have the whole debt thang a part of my history (like many here)

 

But your advice is certainly worth looking at, although not ideal to have it still ongoing, at least its two fingers to the bank!

 

Anyone else care to advise, should i be asking for proof of the original agreement and taking that route?

 

Thanks

[Guidodakillapimp]

right, I am sending these guys a SAR and have told them verbally I am considering a redetermination applications to the courts for £1 a month, and again repeated my offer.

[cerberusalert]

AIUI once a CCJ has been entered it in effect cancels any previous agreement and creates a new one based on the facts of the case so a SAR wouldn't serve much purpose.

 

It may be wiser to ask this question in Legal Issues - The Consumer Forums where the legal eagles are.

[Guidodakillapimp]

Ok,

 

But I would like to see the original agreement which might still be useful?

 

Can we get the thread moved to the legal eagle forum please mods?

[42man]

Moving to the Legal Forums

[Guidodakillapimp]

Hi, (Originally posted in the wrong forum)

 

new to post here, but not new to the forum really.

 

Like so many people here I have been in serious debt over the years and currently I am making inroads to reaching settlements with many of my debts.

 

However I have one debt that I would like some advice on, and that is a loan I took out for a motorcycle way back in 1996, I was a lot younger and much less wiser back then, I was involved in an accident and the bike was written off, RIGP (LLoyds) kindly took me to court and obtained a CCJ against me all those years ago, and I have paid them ever since £20 a month!

 

Many many times over the years I have tried to reach settlement with these people, but to no avail.

 

Recently I have been dealing with other debts and reached settlement with them all - but this one seems somewhat more akward - obviously they obtained the CCJ and I have less room to haggle, but I am wondering if I should request the original agreement and see if its flawed in any way? I dont ever receive a balance of account and the outstanding balance is £2700 I have continued to offer 35% of the balance without success, I dont have a job currently and would dearly love to settle the account - could the original loan be untennable, I certainly think so, I was duped into buying the bike at the time - but where do I stand if they have a CCJ againts it, does that even matter all these years down the road (pardon the pun)

 

Thanks

[Guidodakillapimp]

my impatience got the better of me and I reposted in that forum, sorry 42 man, delete one of the threads!

 

really sorry:x

[Guidodakillapimp]

anyone else care to offer some insight or advice on this matter, is a sar useful in this instance? should I now examine the original agreement or does it no longer matter? I have read around the forums until my head hurts, I did attend court but the other party did not, back in 1996 when i still had hair!

[cerberusalert]

You'll probably get responses this evening

[Guidodakillapimp]

thankyou, I did think that.

 

Its just difficult sometimes, currently I am feeling soo down, despite making significant headway towards becoming debt free (minus my mortgage) this one is a source of much angst and pain.

 

I have managed to sort some £50000 worth of debt..........almost!

[Last of the Mohicans]

- obviously they obtained the CCJ and I have less room to haggle, but I am wondering if I should request the original agreement and see if its flawed in any way?

 

Definately. I would think there is a CPR rule for this, but I'm not sure which one, so (punt) for you.

 

 

-

I dont ever receive a balance of account

 

Naughty...

 

Sort point one out first with a nice bland lazy disinterested sort of request first, followed a fortnight later with the CPR - you can show you are acting nicely and reasonably then.

 

Meantime get on to the Court and get everything they have stored on the case, printout or otherwise. Make a point of asking for any particulars of claim they have.

[cerberusalert]

You're not alone in feeling that way, that's usually how the majority of new members feel when they first join CAG, but after you've been on a while & explored the site you'll soon realise that we are all here to support each other.

[Guidodakillapimp]

so I went out yesterday evening, and on waking this morning hoped I would have a flood of advice, lol but none has arrived.

 

I have written a letter of offer again to S.C.A.M (not sent yet) but really would like to know should I be even looking at the original agreement flaws, does that not matter at this stage? should I request a statement of account, and would a judge be likely to accept a £1 a month considering I have been paying £20 a month for year upon year! And I have offered them many many settlements over this period, but they are never interested.

[42man]

I think a SAR might be a good start, although it costs £10, you never know what it might reveal....also do you still have the details of the judgment ? any statements ? if you wanted to get details of the judgment, have a look here - CCJs, court orders & fines - Search yourself and others - Trust Online - this is where you can find info on getting the CCJ removed - Removal of CCJ's - Introduction to CCJ Removal

 

There is a possibility that you could use section 32c of the limitation act....i'll try and explain, you could now say that the original amount contained excessive penalty charges that have only come to the fore in the last 2-3 years or so....however with a lack of information, this could be tricky to prove (although we know that there probably are).....you could do with a friendly judge as well.....a possible SAR to SCM might also be a possile move.....

[Guidodakillapimp]

hi,

 

ok at least thats a start, I will send the SAR along with a postal order and see what it reveals.

 

I dont have any details of the judgment currently, but possibly could still have some paper work at the very depths of rubbish in my loft, would be difficult (though not impossible) If I had such details to dig them out.

 

I would look at the equifax details etc at a later date, as currently I am settling several debts, like I said its just this one I was a little unsure what to do with it, I dont want to carry on paying them, and would like to get debt free...................

[Guidodakillapimp]

Hi peeps,

 

Its been a while since I posted last, and indeed since I sent the SAR to the bankers!

 

i havent heard anything at all, does this mean they might be hiding something and not able to produce anything?

 

What should my next step be?

 

Thanks

[freakyleaky]

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-.html

[42man]

Also to add you can search here for details of CCJ's - CCJs, court orders & fines - Search yourself and others - Trust Online

[Guidodakillapimp]

ok thanks guyz,

 

I have just got off the phone, and they informed me that the letter has been received and its now gone to the compliance dept, which could take 40 days!

 

So at least they have it.........

[Guidodakillapimp]

Hullo,

 

long time since I have posted regarding this issue, I wonder if anyone can offer some more assistance, just to make sure that I am indeed taking the correct course of action.......

 

Its been well over 40 days since I sent the SAR, and I have heard nothing from Lloyds, though verbally when I rang them - I was informed they had received the SAR.

 

Do I simply Send the following now ?

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

 

 

 

 

[name]

 

And what action should be taken after this?

I continue to pay the £20 per month at this time.

 

Thanks

[Guidodakillapimp]

any one be kind enough to offer advice here?

it seems to have gone very silent!