No assignment notice, set off CCJ?

[caller]

I did a very studpid thing.

 

I went to the citizen bureau for help with the court ccj form, they straight fill up the form and ask to sign it.

 

Then a CCj automatically issued.

 

After that the DC went for a charging order and the judge (who definitely hate debtor) granted them.

 

Things go so quick and I now know I do a very stupid thing, I never challenge them the dispute amount etc.

 

Now they start to chase me for the full amount (after a long time from the ccj granted and straight after the charge order issued) with lots of threats. They didn't agree to accept my monthly payment offer. They want much great monthly sum which I couldn't afford.

 

I tried to get hold any assignment letter (nerver received one at all) or authorised letter from OC and credit agreement.

 

They wrote back with lots of thread, they would provide any document for my case and since CCJ always issued, they have no commission to provide me anything under Consumer Credit ACT (I didn't mention this at my requested letteer).

 

My question (please any advice would be much appreciated) :

 

1)How could I know they are the righful people to deal with the claim

2)could I get copy of a credit agreement at this stage (after SSJ)

3)This time, on the DC letter, they quoted the visa card number (The first time it ever be shown) and I notice that it's not my account number, could I dispute it?

 

Any chance I could set off this CCJ and Charged order with the above reasoned (I learnt if I failed the set off in court, I have to pay the other party's soilictor's fee, is this true? and any other expense? correct me it I am wrong,please).

 

Before I submit the set off form, Should I vary the CCJ order now since the DC threading to put me up with bailiff/order of sale, I am horrifiy by that.

 

Thanks to read my story and any advice would be much appreciated.

[supasnooper]

You can apply to set aside the CCJ.

 

The reason would be that you were not aware of your legal rights as you were mis-advised by the Citizens Advice Bureau.

 

Have a look at the links below -

 

Setting aside the original CCJ of your CCA

 

Step by step CCJ removal

 

 

To get a sight of the Credit Card Agreement you will need to send a Subject Access Request to the original creditor. For a good SAR letter see here - http://www.consumeractiongroup.co.uk/forum/show-post/post-2184237.html

[caller]

Hi, thanks Supasnooper , i would look at it in details.

 

In the meantime, the visa card number quoted on the DC's letter is different from my account ( thought my visa card's number had been changed 3 times , the visa card company do this while they upgraded my card limit or doing transfer balance etc).

 

Could I use this as a main point on the set-off but I had experience

with a judge (who hate debtor) at a hearing about other debt,

while I was sitting down the judge talked to me very rude at the hearing, just admit the debt and went bankruptcy.....you own so much debts.

I am astounded and I nervously showed him my evident that I never had this alleged account. He talked back to me rudely saying that this poor DC (no one showing on that court date) just messing with their paper work, you must own this amount of money with their other account, admit it now and beware it's on tape, admit it now, did you own such debt. Did you? Answer the question, did you own such amount of debt? Say yes or no?

I was so scar and eventually picked up my courage and said politely that it's not my fault/duty for other's people's mess. I would not admit anything without a right agreement (they provided an agreement that is for a visa card application, the procedure never completed, luckily I had letter to prove that I never had this alleged account). I sticked to the gun with my evident and I said I would not say another word about that account/amount of a special debt then I was asked to leave (with another harsh remarks from the judge).That SD was off due to lack of evidence... (The judge added something on that outcome letter, I forgot it now, it just something about givint the benefit for the DC if they want to do next round to claim etc). Now this DC got another caller to chase me, I just ignored them. Waiting anxiously for second round.

With such horror experience, I have to say I am very scar to go back to court again. There's just 2 judges to deal with such case at my local court and the surrounding area. This judge was well known of such manner, the court clerk told me. The other judge just work once a week there.

 

I must make sure I am well prepared for the set-off because this judge would have just ambushed my case and me.

 

Any more opinion/ advice would be much appreciated. Honestly just to think about meeting this judge at the court is unbearable to me.

 

Thanks.

[supasnooper]

There should be other Judges who sit at your local court so you may not get to meet the ogre of a Judge from your last visit.

[caller]

Hi, thanks for your reply, supasnooper

There should be other Judges who sit at your local court so you may not get to meet the ogre of a Judge from your last visit

 

If I find out this judge would sit at my hearing, any chance I could avoid him, change date? I don't think you could ask them to change who's sitting at the hearing because i am afraid of his altitute. Any suggestion, please.

 

I still reading the thread you recommend, thanks for your help.

 

Should I request a SAR file now? To OC or DC?

 

Any other good reason to add on the set off form? wrong visa card number... No assignement letter?

 

Please could anyone tell me how much to apply for the set-off and if I failed, any other expense I had to pay at that point.

 

Thanks in advance.

[supasnooper]

Let's leave the judge issue at the moment.

 

If you feel you must challenge the CCJ then do so.

 

A Subject Access Request letter goes to the Original Creditor.

 

What kind of debt was the CCJ issued for - credit card, loan etc. ?

[caller]

Hi, dear supasonooper,

Thanks for the great help. I am going to send a SAR to the original creditor.

What kind of debt was the CCJ issued for - credit card, loan etc. ?

Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act.

There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for.

There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes.

Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort".

This is untrue. Disproportionate effort refers to something else under the Act.

If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes.

Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it.

If you have not started gathering your bank charges information yet, then you should start now.

There will soon be a big rush once the OFT test case has been settled.

Get all of your bank account informtion as far back as possible. At least as far back as 1995.

If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

It's credit card, I think they add quite lots of : late charge, over balance limit penality charge (because after add on coupons of late charge, it's over the limit). But I don't know could I challenge them of excess.. as they charged £12 on each term for late charge.

 

Do you think I should do a varied order now just in case the The SAR file take a while to come back as they have 40 days(?) to comply. I am worried the debt collection agency would use bailiff or order of sale straight away/shortly.

 

Since I asked about the assignment letter, they request bigger monthly payment (more 6 times than they first asked for) by the end of next month(September) just to punish me for asking questions.

 

And the visa card account the DCA quoted is different with my account, could I challenger this - would it be too weak.

 

Oh, If I send the SAR to the OC, should I quote the new visa card no or use the one on my monthly statements?

 

Hope you don't mind I keep poping up question. I now try to be more alert since I was such a fool in the old time and get myself the CCJ and charge order, try to be a bit wiser.

 

Thanskf or any advice in advance.

[supasnooper]

Quote both account numbers.

 

Here's a good SAR letter to use -

 

Your Name

Your Address

Your Postcode

The Data Controller

Company Name

Company Address

Company Postcode

Date

Data Protection Act 1998

Subject Access Request s7(1)

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER(S): XXXXXXXXXXXXXXX XXXXXXXXXXXXXX

 

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the above account number.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the original consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

14. If it is contended you do not hold such data before such a date, please confirm this by providing the Certificate of Destruction.

15. Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10 by postal order. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable for the previous XX years.

Furthermore, such a request for specific information to confirm my identity will not deviate or inhibit the 40 days time limit allowed for compliance with my Subject Access Request.

Please note - If I do not receive all the data I have requested within the timescale specified above,

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.

Finally, I would appreciate your Company's due diligence in this matter and look forward to receiving the documentation requested.

Yours Faithfully,

XXXXXXXX

Do NOT sign, enclose £10.00 postal order and send by Recorded Delivery

[supasnooper]

When is the Charging Order hearing ?

[caller]

Thanks again, you are a saver.

 

Should I put my Visa card number or the one the DCA quoted? I am very confused about that.

 

Could the OC or DCA have the right just to change the account number without notification and why did they do it?

 

Is it they just messing with their files and mixed all the data, name of the account!? ( I read some other threads, it seemed some OC liked to do that, but I could not get more information about my query)

 

Thanks in advance

[supasnooper]

Put the Visa number on the Subject Access Request.

 

The DCA may have changed the account number to suit their system.

[caller]

Put the Visa number on the Subject Access Request.
 

The DCA may have changed the account number to suit their system[/P  HP]
 
 

thanks for your advice, I am going to do a SAR now. Hope I could get them soon.
 

One last question, The DCA chasing me very hard with all the threads (bailiff, order of sale), asking for such monthly amount I could not afford by the end of this month since | ask about the assignment letter ... should I do the judge varied [u]now[/u] (money is so tight nowdays, got to save every penny) or do I tell them I am waiting for the SAR serach instead and any chance I could ask them to wait...
 

Thanks again