Totally new - please help

[Undercover-Elsa]

Hi Ramseur,

Do you pay the £10 direct to the Court?

Another route for confirming that payment of the £2750 was made would be to subject access request your own bank (ie the one you were with when you made the payment of the car money).

Specify you require confirmation of this payment within your request.

Until you have proof of this payment it will be difficult to progress further.

Once you have it, then I feel you should be able to approach the Court which made the order to have it corrected or overturned. Others more cognizant with Court procedure should advise on that when the time comes.

Until then, all you can do for the moment, in my opinion, is gather the facts ready to take action.

 

Hope this helps,

Elsa x

[Ramseur]

Hi Undercover-Elsa

I pay the £10 directly to the DCA. As far as a bank is concerned, as soon as I got a CCJ, I lost all banking facilities.

As far as the auctioned car is concerned, the auction took place at Wembley Auctions and they have, in their archives, that transaction. Furthermore, they have the Solicitor's name who received the proceeds of the auction. I am dealing with that.

 

The DCA admit they purchased the debt at a much reduced amount and I intend to tackle them on this point. My origianl debt commenced at £6000 and it now stands at £4000 - in reality, if the £2750 was deducted the DCA would have covered all costs - so I intend to pursue writing the balance off.

 

Ramseur

[Undercover-Elsa]

Just checking in on you Ramseur. Let us know as soon as there's any news

[Ramseur]

Hi Undercover-Elsa

Thank you for your interest.

Let me recapitulate! I sent Response Credit Management the statuary demand to have sight of the CCA. They told me that Gothia had no documentation at all that would support their demand for a sum of £301.33 and the £1 postal order was duly returned with an appropriate apology.

With respect to Gothia. This DCA have experienced a considerable number of complaints about their unprofessionalism and are "allegedly" conducting a review of my complaints. Therefore, each time I email them for information about the existing CCJ, they stonewall my requests and tell me that the issue is being reviewed.

 

So, I visited the County Court. When I told them that I had been paying £10 per month for 13 years, the clerical staff looked totally amazed. The County Court had no record of the CCJ, whatsoever. They advised me to obtain a Credit Report from Experian: which I already have, and that report is utterly clean.

I have visited the local CAB and they believe that Gothia do not possess any documentation to support their demands. So, I have already sent them (Gothia) the mandatory, SAR, together with the £10 postal order.

 

Now, I wait! But I am seething with anger.

 

Thank you again for your consideration.

 

Ramseur

[Undercover-Elsa]

Well done Ramseur!!!!

I'm not suprised your angry! But what a discovery!

Let's hope you can nail these people to the wall and maybe even sue them for the return of everything you've paid them.

Awaiting the SAR with great interest!

[sillygirl1]

Go for it, it seems you may have been the victim of the 'You have a CCJ pay up [problem]' that was operating (and still does) a while ago. The CORRECT length of time for a CCJ to be 'active' is 6 years, REGARDLESS of whatever a DCA will tell you. If you have reached the end of 6 years payment the only way the can get more money form you is to go back to court and have an amendment.

 

I think you also eed to get your MP involved and, whaterver you do

 

STOP PAYING ANY MORE MONEY TO ANYONE.

[Ramseur]

Hi all,

 

Update:

I recieved the Subject Access Request. Just 1 CCJ dated 1993. I cannot believe what I have just seen!!

 

Briefly, In 1993 the CCJ was for £433, they led me to believe that I owed thousands of pounds. The Court ordered me to pay the CCJ at £10 per month. The DCA misappropriated the £10 and credited to another Account which was not mine.

 

I have been paying the £10 for 16 years. This amounts to £1920 they owe me. As I write this - I am shaking with temper, and I do not know what to do next.

 

Help please.

 

Ramseur

[Undercover-Elsa]

Hi Ramseur..that's horrendous!!

Do you know whether the Court allowed interest to be added to the original debt?

Also, do you still have, or did the SAR throw up any of their letters to you overstating what was originally owed?

You need to gather as much proof as possible then demand recompense.

Hopefully someone on here can help you calculate accurately what exactly is owed back to you (taking into account the original amount/whether interest was allowed/then adding compound interest at 8% to the overpayment in case you need to claim it back in Court.

Even so I would be demanding at least FULL refund plus wiping of the debt in recompense for your treatment, and reporting them to every agency known to man, including the Court, The OFT and the Fraud Squad.

Elsa x

[Ramseur]

Hi all,

 

I am beginning to calm down, some.

What I am about to relate is absolutely unbelievable! In 1989 I purchased a car. Much later, I went through the divorce process,diagnosed with heart issues, lost my job as a teacher - and fell into arrears with the car and mortgage.

 

The finance company believed that I had two cars and sent me demands to pay something like £7000. They demanded that I auction one car and give them the proceeds - which I did.

 

The Court judgement took place in my absence, as the finance house had the wrong address: I lived in London and they sent all notification to my ex-wife's address in Nottingham. Consequently, I never saw the Judgement.

 

I have found out that I had paid to the finance house more than the repossession figure. This means that they could only take the car back through the auspices of the Court. They demanded that I auction the car which is similar to depriving me of the services of the car. The car was auctioned.

 

I then see what is contained in the SAR! God forbid!!! The CCJ was for £433. There was an agreement which referred to a "Vehicle." No registration number, no type, colour, make - no nothing - and no CCJ outstanding. Contained in their SAR documents, I found that their solicitor had told them that the agreement had nothing to do with me.

 

Despite this, they wanted to clear the account and misappropriated the £10 from the CCJ to this "ficticious" account.

 

The misappropriation of funds, left the original debt, unpaid, and they sent this to Response Credit Management to process. What this created was a comedy of errors, which committed me for the next 16 years in paying £10 per month for a "ficticious" account, and provided the DCA with a licence to harass, threaten nad abuse me for lumps of money - that I did not owe.

 

More to come: stay posted

 

 

Ramseur

Edited August 24, 2009 by Ramseur

[Ramseur]

Hi all,

 

I need some professional advice, please.

 

If the County Court make a judgement against me to pay £10 per month, and the recipient of that award deliberately disobey the Court's instructions, and credit the monies to another account, is that a criminal act?

 

Ramseur

[Ramseur]

Hi all

 

More advice please!

 

I entered into an agreemet to purchase a car. My rights regarding repossession contained a figure of £3360. In the small print it reads, "we may not take back the vehicle against your wishes without your consent or a court order, you have the right to get back all the money you have paid under the agreement."

 

Just prior to the auction of the car, I had paid the sum of £3754.60. It was the finance house who demanded the auction against my wishes. This was tantamount to taking the car - am I correct?

 

If so, as the auction of the car realised £2529.87, I had effectively paid £6284.47.

 

On my interpretation of the repossession facts, the finance house repossessed my car through auction. If this is so, I can claim back £6284.47 under these principles: am I correct?

 

Ramseur

[babybear39]

I would respectfully suggest that you find a reputable solicitor experienced in these matters and have an initial free consultation and apply for legal aid.

[Ramseur]

Hi Folks,

 

I have now been in touch with my opponents solicitor.

 

Contained in the Subject Access Request, there exists 1 GGJ and that was settled in 1995. AS I am planning Court action, I need to know my facts. In the SAR there is just the evidence of the CCJ I accept. My opponents have two agreements which are suspect, one is 18 years old and the other is 15 years old - there are no other CCJ is evidence.

 

Most of my opponents arguments are about these agreements, and they keep telling me they have judgements. If this was the truth, then those CCJ's should be contained in the SAR - have I got this correct?

 

Ramseur