Totally new - please help

[Ramseur]

Hi

I am a 70 yeard old who suffers from chronic heart failure.

 

In 1991, I had a CCJ issued in the County Court because I got into difficulties during a protracted divorce. As the loan provider had acted improperly - I was ordered to pay the debt at £10 per month and, the judge did not allow any costs to be levied on me.

 

Since then, I have faithfully paid each and every month.. During the lead up to the Court hearing the loan company asked me to auction the car and send them the proceeds - which I did. On checking the debits/credits of their statement I find that there is no record of the £2750 received from the auction.

 

Most recently, I have received a demand from Response Credit Management for £301.33 which has been received from Gothia ( a debt agency who bought the original debt). I have sent Response Credit Management the mandatory demand to see the "true" CCA and the £1 postal order.

 

Having said that, like a fool, I telephoned Gothia requesting information about the debt of £301.33. I recorded the conversation with the agent in which he claimed that I owed the debt and to pay it in full. He further told me that I had been paying the debt for years at £10 per month and had falling behind in payments that accounted for the $301.33. In desperation, I told him that the £10 that I was paying referred to a CCJ - he told me I was fabricating - in temper, I told him to "P*** O**" and slammed the receiver down. The upshot of this was a mild heart attack.

 

The following day, I received a letter from Gothia:

 

"We are pleased to note that you have adhered to the terms of the special agreement granted, but would remind you that the concessionary period has now expired." This letter then continued with all the relevant threats and exhortations. The concessionary period to which this idiot referred to was the authority of the CCJ.

 

The advice that I need is this:

1: there are a lot of issues that Gothia has breached in the pursuit of their targets: do you think I have the basis of a legitimate complaint?

2: Gothia have now sent me their complains procedure and they are asking me for time to investigate - should I allow this.

Gothia have told Response Credit Management to back off - do I still psush for sight of a "true" CCA?

 

Finally, I am very concerned about the manner that Gothia are conducting the custody of the CCJ.

Without any doubt, a CCJ is in existence: are there any grounds that I might have this "put aside?"

They have most certainly got the amount wrong to the tune of £2750 which about clears the debt.

 

Sorry for the ramblings of an old man

 

Ramseur

[Ramseur]

Me again.

 

I forgot to add, I have received my Credit Report from Experian and it is totally clean - not a blemish!

 

Ramseur

[nuke em]

Read This first ,

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/211974-what-do-when-debt.html

 

Then

You might want to send them this ( only to debt collectors/solicitors though) not to a "Principal" "creditor" though. There is another letter i have available you would need to send to them

 

 

 

in Care of:

Your address

Your address

Near: Your post code

 

Name

Address

post code

Of the DCA

 

 

Today’s date

Notice of Request to Cease Harassment

 

Your Reference Number: 123456789

 

Dear ???????,

 

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

I refer to your letter dated (date)

 

I feel this matter is serious and wish to deal with it in writing.

As you are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

 

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

 

1. Proof of Claim that your actions are reasonable.

 

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

 

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

 

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

 

4. Proof of Claim that any obligation on my part protects you from any future loss.

 

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

 

6. A hand signed invoice in accordance with The Bills of Exchange Act 1882

 

You would of course need to provide these Proofs, including showing full accounting, if you choose to go to law.

 

Please provide sufficient evidence within ten (10) days from the above date,

Should you provide that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer, you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

You will be deemed to have been served notice of my request and I will deem it served three(3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letter, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

Sincerely and without ill will, vexation or frivolity

 

 

By: XXX-YYY :of the ZZZZ family

 

Authorised Representative All Natural Inalienable Rights Reserved.

 

-----------

notes on this Doc... the bits in red are important to you, send exactly as is, read below

 

Do Not sign this letter, there is no need to sign anything that is not a contract

 

 

At the bottom of the document if your name is John Smith

You print John:of the Smith family

 

if your name is John Martin Smith

Your print John-Martin: of the Smith Family

 

Use uppercase/lowercase exactly as on the document for the RED sections.

 

also look at the address section in RED

 

the "In Care of:" your address

 

"Near" your postcode

are important also

[jed2004]

Hi i just wanted to say hello and welcome to cag you'll gets lots of help on here

[marlinhater23]

hello can anyone help me im new here and dont even knw how to start my own post please help me. thanx

[mr.ton]

hello can anyone help me im new here and dont even knw how to start my own post please help me. thanx

 

In the debt collection forum (this section) you will see "new thread" in bottom left corner - press that button and fire away

[Undercover-Elsa]

Hi Ramseur,

What jumps out at me is that they told you to auction the car in the lead up to court, which you did and subsequently paid them..most importantly, was the initial amount claimed in the particulars of claim set prior to the payment for the sale of the car? If so, did they amend the claim to reflect your payment prior to judgement, or did the Court pass judgement based on the full original amount?

 

Elsa x

[marlinhater23]

thank you x

[mr.ton]

thank you x

 

I take it from your username that you are having probs with Marlin?

[Undercover-Elsa]

Either that, or a retired deep sea fisherman with only one leg left..

 

WB Mr Ton...good job I hadn't posted that bottle of vintage Malt leaving prezzie I got you Elsa x

[mr.ton]

WB Mr Ton...good job I hadn't posted that bottle of vintage Malt leaving prezzie I got you Elsa x

 

Think i'll leave now then

[Undercover-Elsa]

Nooooooooooo

[mr.ton]

I want my prezzie though

[babybear39]

lol...

[Ramseur]

Undercover-Elsa

 

When I first hit difficulties in 1991, I owed £6099.67, and by 1992 the debt was £5859.37. Early in 1993 I auctioned the car as instructed for £2750 which should have given a balance of £3109.37

 

During December of 1993, I paid my first £10 payment under the CCJ and the balance was £5849.37.

 

My argument is that, in reality, I legitimately owed £3109.37 16 years ago, and as I have not missed one single payment of £10 per month - my reckoning is £10*12*16= £1920.

 

Whereas, Gothia, on the 22nd July 2009 claim that I owe £3989.37

 

Does this make sense to you?

 

Ramseur

[Undercover-Elsa]

It seems clear from that that they've got the ccj on the full, original amount without deducting the car payment.

Do you have bank records to prove you made the payment?

Based on that, if they were counting down from the full amount, the balance should be £3939.37..so they've also possibly slapped a £50 charge on somewhere.

I think it pretty crucial that you send a Subject Access Request to the Original lender (template letter linked below) to establish the payment of the car money and see all your records for that time.

Might also be worth ringing the court who issued the CCJ for advice..ask about the "concessionary period"..its not my area of experise but someone else may be able to advise on whether, once the Court sets the instalments, they can only be changed following further application to the court by the creditor. Any expert opinions on that welcomed...

Elsa x

[Ramseur]

Hi Undercover-Elsa

 

The "conseesionary" period to which Gothia refer is a Gothia's Field Agent's attempt to circumvent the authority of the County Court.

 

I have got Gothia on the rack over this issue and they have admitted that this was wrong - but asked me to prove my allegation. Fortunately, I have recording facility and offered them a transcript of the conversation - they have not made comment - yet.

 

I have been provisionally awarded Legal Aid to deal with this matter depending on what response I get from the Office of Fair Trading - this however is to deal with other issues like, malpractice.

 

Not any about the CCJ. As I am only paying the CCJ at a rate of £10 per month, with my heart issues and Father Time, Iwill be long dead. I raelly do not want to die owing money - is this a bad thing?

 

Ramseur

[marlinhater23]

I take it from your username that you are having probs with Marlin?

 

 

yes they r gettin rite up my nose!

[Ramseur]

Anyone,

 

With respect to my above comments.

 

I do have very grave doubts about the CCJ that is being repaid at £10 per month.

 

This debt has been sold on three times by DCA's. What mileage to I get if I sent the last DCA a SAR?

 

Ramseur

[mr.ton]

yes they r gettin rite up my nose!

 

They got up everyone else's nose just by watching them on tv the other week

[Undercover-Elsa]

Each DCA will only send you what THEY hold on record about you.. its up to you whether you want to SAR all or any of them. I think the crux will be in the Original company SAR ref the whereabouts of the car money etc.

Elsa X

[Ramseur]

Bump

[Ramseur]

Hi all,

 

In desperate need of advice.

 

Briefly, I had a CCJ in 1993 for £6000. The Finance Company forgot to reuce this amount by £2750 and I have been paying CCJ for the past 16 years at £10 per month.

 

I owe, orcording to a DCA, circa £4000. However, this amount should be reduced by the £2750 adjustment.

 

What steps of redress do I have?

 

Ramseur

[2Grumpy]

Send a Subject Access Request to the original lender. Use the template on the information commissioner's website (www.ico.gov.uk) asking for all of the information that they hold about you, including any manual records. that will show what happened to the money.

 

I just hope that they have the records after 16 years. They would only need to keep them for 6 years after the account was closed, which would be when they sold the account on to the debt collectors (unless they are acting for the original creditor). Your bank probably won't have transaction records from that period, but it might be worth asking them.

 

Have you ever received any letters about the account being assigned to another company?

[Ramseur]

Hi 2Grumpy

Only last night, I typed out a Subject Access Request; so it is all set to go - thankyou.

The original creditor was AFS Ltd. After the CC Judge ordered me to pay £10 per month, the debt was sold to Red Castle Recoveries. Here , I was told that the debt had been passed on. Now, a DCA called Gothia Limited are dealing.

Gothia have mad a number of malpractice issues and are currently investigating - in house.

 

Ramseur