CCJ Help

[dx100uk]

sorry marse

i'm gonna be out of time all today.

 

i'll catch up withyou tomorrow eve

 

dx

[Marse]

Hi Dx

 

No problem.

 

Speak tomorrow!

 

 

 

Regards

 

 

Marse

[Marse]

Hi Dx

 

If a DCA purchases the portfolio of debts from the OC, hasn't the DCA every right to pursue a debt on a legitimate CCJ?

 

Can you point me to any informaton about the non-transferable issue?

 

Thanks Dx

 

Marse

[dx100uk]

sorry marse

 

i'm still rather busy.

 

but don't worry the big guns are coming onboard.

 

now

i currently have two schools of thought and i've not got the time to research either to assertain which is best.

 

1. write to each leecher and demand back the excess payments [bar the £300ish judgement ] back with 8% stat int on top, within 14 days else start court proceeding.

 

2. go straight to court.

 

there are sev things that need investigating, one of which [and my ears are wriggling on this one!] contact the court of the judgement and tell them what has been going on ... i wonder if they will directly help a 71yrs get it sorted.

 

or again

go thru the process of getting it set aside and bring this up during that hearing.

 

i'm just not sure...

 

dx

[Marse]

Bless you Dx,

 

Do you want me to do as you suggest, or wait for the "Big Guns?"

 

 

 

I am truly grateful to you,

 

 

 

Marse

[dx100uk]

hey

thats what we're here for.

 

site team are on to it just wait a fews or less days.

 

if i can get my act together i'll investigate but my brain is fried with pers issues at present.

 

dx

[Marse]

Hi all,

 

As stated earlier, 18 months before the court hearing and the eventual CCJ, I left the matrimonial home (pending divorce) and relocated to London. As I wanted to resolve the debt issue, I informed the OC of my address in London and provided a telephone contact number.

 

(I have copy letters from the CAB which inform he OC that I had left the matrimonial home and a letter from me stating that I no longer resided at the matrimonial home)

 

I asked the OC is I could terminate the agreement, and they refused: they told me I had not paid sufficient money. They instructed me to either sell the car or have it auctioned. They hen arranged a convenient auction room in Wembley and I complied with their instruction to auction.

 

(As the OC said that I had not paid enough money, I assumed that the existing debt was prohibitive.)

 

From the date of the auction, I never heard from the OC again: until my Daughter informed me that I had missed a court hearing.

 

The OC had obtained a default CCJ!

 

Much, much later, I demanded sight of a SAR, and in the documentation I found a copy of the CCJ - I was shocked to find the value of the claim was less than £500, and what is more, the claim had been inflated by £137.20.

 

I also found some default notices which had been sent to my ex-Wife's address - not to my address. In fact, every communication with respect to a pending court hearing was sent to my ex-Wife's address.

 

I then checked the Statement of Accounts, and to my horror on the date that I requested a termination of agreement, I had paid much more that the required amount: I also found that they had raised the necessary paperwork (file copy) but there was no copy of any letter.

 

I want to approach the court (as advised by (dx100UK ), and request the court to set aside the Judgment.

 

Can anyone advise me (1) have I sufficient grounds, and (2) could anyone help in the preparation?

 

Many regards,

 

Marse

[Marse]

Hi all

 

Notice of Assignment of Outstanding Debt

 

In 2006 the OC sold their portfolio of debts to a a dca, or so I believe, because this dca, without warning, sent me a letter demanding more money, which for a time I was able to fend off.

 

Shortly after this, another dca sent a letter stating who they were and began demanding money. The letter that I received had two addresses of the dca's as a heading. Apparently, the second dca and purchased the first dca.

 

I did not receive any Notice of Assignment, whatsoever.

 

In July of 2009 the second dca (as above) sent the debt to another dca to pursue me for the debt.

 

Please advise me what I might do?

 

Regards

 

 

Marse

[Marse]

Hi all

 

This pertains to the final letter that I received, which arrived after I had lodged an official complaint, and a so-called full investigation into the accounts they held for me.

 

( this dca will talk about three CCJ's - one of which is genuine and two nefarious imagined CCJ's)

 

This is their opening paragraph:

 

"We are currently holding three accounts for you with three Judgements that were consolidated into one amout."

 

(In the SAR there existed the OC's case history notes that contained a day-to-day continual history of events.)

 

The date of the Court hearing was 13/08/1993: I challenged the letter, in the first instance, by a consideration of the consolidation of accounts.

 

In the case history, the OC returned to the same County Court on the 03/09/1993 and "APPLIED TO CONSOLIDATE THE ACCOUNTS" - I duly asked the dca the appropriate question: "If the accounts had been consolidated on the 13/081993, for what reason would the OC return to court and have the accounts consolidated again?"

 

(The next issue was the three Judgements: remember that one was genuine and the other two being nefarious)

 

I asked for sight of the nefarious Judgments again, and again, and again, until the dca's solicitor said that his client did not hold any hard copy of the two Judgments - but it was believed they existed! mmm!

 

Not satisfied, I consulted the OC's case history, again. Let me recapitulate, the dca claims that the OC obtained three Judgements that had been consolidated into one amount on the 13/08/1993.

 

The case notes reveal that the OC returned to the same County Court on the 26/10/1993 to have the Judgement obtained on the 13/08/1993 set aside!!

 

I asked the dca's solicitor, "If you client claim that they are holding three Judgements, for what reason would an OC place at risk a very, very successful Judgement by asking the court to have that Judgment set aside?"

 

To complete the analysis, on the 11/11/1993 the district judge refused the OC's application, and ordered a stay of execution on the payment of my £10 instalment.

 

In the SAR there is only one Judgement in existence.

 

The dca's solicitor has told me that if I rely on this evidence in court, he will ask for sight of the stay of executioin.

 

Comments please

[Marse]

Hi all

 

The dca adds another CCJ: now 3 nefarious CCJ's

In the same letter as already mentioned, the dca identifies the Judgments:

 

1: The genuine CCJ contains a computaional error of £137.20. I have informed the dca accordingly, they refuse to do any reconciliation

 

2: They have now added a CCJ that I have never, ever seen before for approximately £4000. There isn't any Judgment nor agreement - and no Statement of Account. They tell me are trying to locate the files.

 

3 and 4: are the two nefarious CCJ's that have been discussed at an earlier stage

 

With respect to the two nefarious Judgements which date back to 1993, despite admitting they do not possess Judgements, the Writer of the letter says, "I propose that the payment you are making of £10 per month be split equally between the two Judgments. This can be set up by a direct debit or a standing order....."

 

Comments please.

 

Regards

 

Marse

[Marse]

Hi all

 

....and finally!

 

I am a 71 year old who still maintains his pride: I am suffering with chronic heart failure in which my doctors are expressing concern.

 

A short time ago, I lost my temper with the dca's agent and swore at him, considerably. It did not do me too much good as I ended up in hospital with another heart episode.

 

I cannot continue being hit in the manner that these debt collectors manage their unique and peculiar methodology of debt collection.

 

The last episode took a lot out of me and my doctor is telling me, "enough is enough."

 

I want to get everything in order for my Daughter and the Grandchildren, and I want to be able to do that: and also feel clean! I cannot feel clean when I am dealing with the abject filth of the dca who is currently hounding me.

 

They say, these years that I am having are the "golden years" - well my gold seems to be somewhat tarnished.

 

Please help me to put these people where they deserve to be put.

 

Kindest regards, and I would thank Dx100uk for his continuing assistance. In this, I cannot help but express my amazement, people like Dx100uk have lives of their own, yet spend some of their precious time helping people like me - this World is not all bad - is it?

 

Thankyou,

 

Marse

Edited February 9, 2010 by Marse

[dx100uk]

funny my last post vanished........

 

phone the courts named and ask how many ccj's are against you

 

there is a website too, but i dont know it.

 

dx

[Marse]

Hi all

 

Setting aside a Judgment

 

The CCJ that I received by default was in 1993. As I have stated earlier, at this time, I was not living at the matrimonial home: but the OC had been informed accordingly by the Cab and me.

 

After the Court Hearing the oc never wrote to me again and I just continued to pay what the circuit judge had ordered.

 

In 2010, and on receiving the SAR, I realised the I needed to have the CCJ set aside. The SAR arrived in July 2010.

 

During July through October I was in contact with the dca and their solicitor, and in November 2010 I was in hospital again for an hernia repair.

 

I am now hoping to approach the court and apply for set aside; What about time limitaion - I am hoping that I am acting in a timely manner.

 

Comments please.

 

 

Regards

 

Marse

Edited February 9, 2010 by Marse

[Marse]

Good Afternoon dx,

 

I visited the court some time ago and posed the very same question, the lady behind the desk asked my name and she searched the computer.

 

She told me there was nothing under my name: she then asked me the dates. When I replied she was dumbfounded and told me to go to the CAB- and she gave me a note to take to them.

 

My current credit file at Experian, Equifax and Creditwatch are all devoid of CCJ's, the only blemish is a search by the dca under "debt collection."

 

 

Regards

 

Marse

[vjohn82]

Marse,

 

Go onto this site:

 

Check the registers for your CCJ, judgment and fine records - Trust Online

 

You have to pay a small fee but it will tell you all about the CCJ's in your name.

 

You can start to backtrack the process then and clarify matters for everyone. As I suspected this case has a convoluted history and is difficult to resolve until we know, for definite, that there is more than one judgement in existence.

 

I will keep trying to look in on but I have four other cases all involving the same DCA - they are all at high levels of litigation and I can't quite get my head around all of the issues and spread myself across the forum (you may have noticed my activity on other people's threads is one-to-nil).

 

However, you will be doing yourself a favour going to that site and getting the required information. If you like Frost series, this will be a nice piece of detective work ;-)

[Marse]

Hello Vinny

 

Not to prempt your suggestion, I have already been there, it cost £8 and I checked my present address and my previous address and there is nothing revealed.

 

I have an Experian account and I continually check my score which is 922, I have checked Equifax and Credit watch with the same result.

 

Do what you have to do, Vinny, I will be waiting.

 

 

Marse

[Marse]

Hi all

 

Still going over he contents of the SAR. For one Account I receive two default notices - is this correct procedure?

 

The date of the DN is given as 18/03/1992 and the the date of remedy is given as 01/09/1992.

 

This is exactly 14 days and in present day terms, this DN would be invalid - but I am concerned about the date. In 1992 how many days were allowed? Could the margin have been less than 14 days?

 

 

Marse

[vjohn82]

Hi all

 

Still going over he contents of the SAR. For one Account I receive two default notices - is this correct procedure?

 

The date of the DN is given as 18/03/1992 and the the date of remedy is given as 01/09/1992.

 

This is exactly 14 days and in present day terms, this DN would be invalid - but I am concerned about the date. In 1992 how many days were allowed? Could the margin have been less than 14 days?

 

Marse

 

Companies can only issue multiple default notices if the default referred to is rectified; once the account is terminated at the dates specified in the default notice the creditor is placed in the position of being unable to reissue. It can get confusing, but if you have use of a scanner perhaps you can post them on here for us to look at?

 

The previous default notice remedy was 7 days if I recall correctly?

[Marse]

Hello Vinney

 

I do have a scanner: not too sure how to handle it - will try.

 

More information about the alleged debt. The OC sold the debt to a dca, but there is nothing in the SAR about any Notification of Assignment - is this an issue?

 

thank you

 

 

marse

[vjohn82]

Hello Vinney

 

I do have a scanner: not too sure how to handle it - will try.

 

More information about the alleged debt. The OC sold the debt to a dca, but there is nothing in the SAR about any Notification of Assignment - is this an issue?

 

thank you

 

 

marse

 

It certainly is a matter of important but one step at a time

[Marse]

Hi Vinney

 

Your point is well taken!

 

 

Marse

[Marse]

Hi all

 

After further searches of the SAR and my personal files, I found this letter that I had ignored.

 

It was from Red Castle Recoveries who are/were a dca.

 

"Dear Sir/Madam

 

AS you have been informed within the attached letter (no attached letter), your account has been legally assigned to Red Castle Recoveries Ltd who themselves have been acquired by Gothic Holding AS, a Scandinavian Recoveries Specialist....."

 

And the rest of the letter talked about easy ways to pay the debt.

 

There was no name,

No Account,

No amount,

 

Is this a Notice of Assignment?

 

Marse

[Marse]

Hi all

 

I have been rumaging in the SAR

 

I have three DN's. The date of them are 1992 and each of them have allowed exactly 14 days, which today would make them invalid.

 

I think the rules governing DN's might have changed. Is it that in those days just 7 days were allowed?

 

I really need to find out about this point.

 

Marse

[Marse]

Hi all

 

nyone please?

 

 

regards

 

 

Marse

[vjohn82]

I think the rules governing DN's might have changed. Is it that in those days just 7 days were allowed?

 

I really need to find out about this point.

 

Marse

 

Hi Marse,

 

I do believe that 7 days was the prescribed period. This is found in s.88 of the Consumer Credit Act 1974:

 

88.—(1) The default notice must be in the prescribed form

and specify—

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be

paid as compensation for the breach, and the date before which it is to be paid.

 

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those seven days have elapsed.

 

Hope this clarifies your query.

 

VJ