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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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GolfUK

Name on CCJ form - defendant saying 'no legal entity at this address' - Help?

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Dear All

 

I run a small golf business and a golf club that I have done some work for (over a year ago) are not paying their invoice. It is for £1370. I used the money claim website online and issues a CCJ after many failed attemps at getting them to pay the bill. The CCJ issue notification they ignored. So I then pressed on and got a judgement by default. The judgement notification was then send back to myself by the defendant with the name on the CCJ highlighted and the words "no legal entity at this address".

 

The name I put on the CCJ was "Lords Country Club" which is what I know them as. Their website addess is even: lordscountryclub.com

 

This is what I put down as the name. After getting the return of the judgement notification from them I then did some digging around and have found a "LORDS GOLF AND COUNTRY CLUB (RAYLEIGH) LIMITED" at companies house. Which I presume is the legal business running the club.

 

They have failed to put their company registration number and proper name on their website, which is why I haven't listed it fully and am still not sure if it is right. I was led to beleive that they needed to do this because of companies Act 2006 which states:

 

Companies Act 2006 and Business Names Act 1985

Every UK company should list on its website:

 

  • its name;

 

  • its company registration number;

 

  • its place of registration; and

 

  • its registered office address.

 

SO....

 

Am I able to ignore them sending back the judgement notification and proceed to get a warrant of execution? The name is not 100%, but surely they can't get out of the CCJ because of a slight error in what might be the proper Ltd name - even though they fail to list it properly. The name was virtually right and the address was perfect. They know it is them, but like all large businesses they are thinking they can get away with anything they like over a small business like me.

 

I don't want to waste any further money or time on getting an execution warrant if it means I have to start the process again??

 

Any advice would be greatly appreciated.

 

Many thanks.

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Any help?

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As you note, they should have their registered office address on all their stationary and website, and you can complain to the Registrar of Companies about their failure to do so.

 

However, you do have to sue the correct company. You will probably have to reissue the claim, and use their registered office address for service. For the name you have provided, the registered office address is:

 

CARLTON HOUSE

101 NEW LONDON ROAD

CHELMSFORD

ESSEX

CM2 0PP

 

This appears to be a business centre, but use of lawyers, accountants or other third party addresses is not uncommon.

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