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Weightmans CCJ


planetdebt
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Hi PD, first thing is to try to stay calm .I know its easier said than done, but to deal with this lot you need a clear calm head.

 

First thing you need to do is bang of a CCA request to Weightmans, that will then tell you what they are trying to claim on, or if they have nothing.

 

As for going to court without a CCA well if they try I am sure you will get loads of help from the Forum.

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Thanks miffedpuppy, I will get the CCA request sent today I dint send one earlier because I didnt want aggrevate them more but from what Iv read they try all sorts like sending the CCJ forms to a previouse address so people dont receive & respond to them so that they win the CCJ case. Im trying to stay calm but the more Iv read about eos & weightmans I get more nervous.

 

PD

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Hi PD

 

Try not to worry...easier said than done, i know!! I was in the same position as you last year ( well worse, already had the CCJ!) and with all the help from the guys on here i managed to get mine set aside, not out of the woods yet and it gets trickier the further into the fight you get...:eek: but there is step by step help on here.

 

As MP has said you need to send a CCA request off asap, keep proof of posting and dont sign your name on it! The letter template you will need is in the templates section on here.

 

That should keep you going until the troops arrive with more knowledge!!

 

All the best PD..just post up with any questions and someone will help you:)

 

MJ

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Hi PD,

 

You've had good advice so far... get that s78 off to weightmans asap, send it recorded delivery so they cant claim its "lost" in the post.

 

If this debt is for freemans and they dont have a CCA then they would be mad to issue court proceedings and you have found the right place to get advice on how to deal with this IF they issue proceedings.

 

Are you sure the debt isnt for anything else? I believe BGAS and other utilities use EOS, do you have a copy of your credit file? Are there any strange debts on there?

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Yep its Freemans because on the letter its says their client is eos and its for the brand name freemans

 

Im going to get the CCA request sent off today thank you all so much

 

I expec them to carry through with trying for the ccj Il just have to wait and see

 

Should I also send one to freemans?(CCA Request)

 

PD

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Yep its Freemans because on the letter its says their client is eos and its for the brand name freemans

 

Im going to get the CCA request sent off today thank you all so much

 

I expec them to carry through with trying for the ccj Il just have to wait and see

 

Should I also send one to freemans?(CCA Request)

 

PD

 

No need, you always send to whoever is chasing for the debt last.. as its weightmans its there responsibility to pass it on to there clients :-D.

 

Oh and of course when they cant provide anything they will still claim the debt is owed but after the 12+2 days you can put the account in dispute and stop paying if you like, they'll trash your credit rating but its your decision.

 

If they treated people fairly in regards debts none of this would be necessary!

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Cool!

 

dont worry too much about the CCJ, its a looooonnngggg way from that.

 

They need to issue court proceedings and win to get that CCJ, with CAG behind you that winning will take a lot more work than they currently think.

 

IMHO that letter is a scare tactic to get you paying more

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi me again

 

after filling in the address, date & reference does this seem correct or do I need to add anything else like how long they have to reply.

 

 

Your Address

 

Date:

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Edited by planetdebt
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+1 to Shadow's last sentence, there.

 

What you have to remember, from this point on, is that it's only money. Debts and defualts are governed by civil law, not criminal, although some lenders and collection agencies would have you believe otherwise. They out the fear of God into people when they have no bloody right!

 

I have been in your position and though this site and the invaluable help I have received from its members I gained the confidence to challenge these lenders and their out-of-control heavies and stand up to the. Stick around here and pretty soon you'll be doing the same!

 

We're here to help.

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Thanks shadow:), I hope they wont take it to court.

 

Scare tactic. The most that can happen at court is that the debt will be enforced, and if you've been paying it all along on a debt plan, there is nothing they can do.

 

How much are you paying on this particular one?

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Ok, £40 doesn't seem that bad, but are you sure you have enough to live on for food, utilities, travel, council tax? Do remember that if your situation changes you shoudl let the DMA knwo. The whole point of being ina DMP is to get out of debt, not stay in it.

 

Also, I have never heard of detbs being split and farmed out to separate collection agencies. Your debt balance and account numbers must match up. As Shadow says, check your credit file.

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Ok, il check my credit file, my family is helping me out a bit thats how im managing so I am completely stretched but I dont have any utility payments outstanding. just the electric but they have agreed to let me pay a set amount every month & iv still got leky and they have never threatened me.

 

As for the DMA they wouldn take on the case unless i paid the minimum they thought would be sufficient and now this has happened they dont have anything to say.

 

Thanks

 

PS should I add the respond by date to the cca also what did you mean by the s78(b) part should I alter that.

 

Thanks again flyboyagain and all of you giving advice

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sorry what does that mean should I change it to s.78(6)(b)

 

Nope, leave it at s.78(6).

 

(a) still applies and this states they cannot enforce the agreement whilst they dont supply the true copy requested.

 

Letter looks fine. No need to put a date, they know they have 12+2 working days to respond otherwise you can put the account into dispute.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Nope, leave it at s.78(6).

 

(a) still applies and this states they cannot enforce the agreement whilst they dont supply the true copy requested.

 

Letter looks fine. No need to put a date, they know they have 12+2 working days to respond otherwise you can put the account into dispute.

 

S.

 

Hi shadow, Thanks iv filled in the details now & printed it gonna go get the postal order and send it off in a bit.

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Hi every1.

I sent the CCA request today. but the situation has changed it seems. I had to find out what this alleged debt was so I phone weightmans & eos up and it turns out its freemans that has sent the hole account & eos has seperated it up and sent one of the sums to weightmans!

 

Im afraid I may have messed things up for myself, because on the phone I didnt admit to that debt but I said I had a freemans account.

 

Could they use that against me :Cry:

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Hi every1.

I sent the CCA request today. but the situation has changed it seems. I had to find out what this alleged debt was so I phone weightmans & eos up and it turns out its freemans that has sent the hole account & eos has seperated it up and sent one of the sums to weightmans!

 

Im afraid I may have messed things up for myself, because on the phone I didnt admit to that debt but I said I had a freemans account.

 

Could they use that against me :Cry:

 

It wasnt overly wise to talk to them but I can see why you have done it... just dont do it again! :-D :-D :-D everything in writing.

 

As to the harm, you are not claiming you didnt receive the goods or have an account... you are claiming they dont have an enforceable agreement to collect it with... without this agreement its considered a gift.

 

As to splitting the debt up, I'm not sure if they can do this, I've never heard of it being done before, hopefully someone else can advise on this..

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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