CCJ Help

[Marse]

Bump

[dx100uk]

you're still paying a 1993 CCJ! blimey!!

 

one you say default notes then you say default notices? which is it?

you can only have one default notice per debt unless you made a new agreement and subs broke it.

 

it also puzzles me why this is with a dca & you are paying a dca i take it?

 

if so, i hope its them thats named on the CCJ, if not, stop paying. a CCJ is NOT transferable.

 

dx

[Marse]

Hi dx

 

Its a very, very long storey.

 

It is about 1 genuine ccj and two that have been "created."

 

I am concerned about the genuine one. I did not rceive a default notice as I was not living at the address it was sent to.

 

They had been informed of my new address.

 

Marse

[dx100uk]

not receiving the dn makes no odds, not receiving the court papers does, and it might be able to be set aside, but after 15yrs+ that might bet interesting.

 

now, you elude dodgy behavious here esp with the two created ccj's?

 

what do you mean?

 

anyhow, back to my q above....whom is this dca and are they named on the ccj?

 

sorry but we need more info and who the leechers are too.

 

dx

[Marse]

Hi dx

 

Can I pm you with the DCA's name?

 

Marse

[dx100uk]

no

you have nothing to worry about we know them all and we know all their tactics!!!!

 

you need to get this all out in the open to get it sorted.

 

if you need more courage.. just type the name of the DCA in the search in the blue bar above and read other horror stories.

 

dx

[Marse]

Hi

In an attempt to be as succinct as possible, I require help with the following:

 

1: Default Notice

2: Notice of Assignment of debt

 

I do have a Judgement against my name. Prior to this event, I relocated to London and duly informed my creditor and provided a contact telephone number. This information was supplemented by the Citizens Advice Bureau. Despite this plethora of information, the creditor continued to send all letters and notifications to my ex-Wife's address.

 

1: I did not receive any default notices, and I was left unaware of the pending court hearing.

 

I have received a SAR. In that consignment there are a series of default notices and Termination of Contract which bear the address of my ex-Wife: not my address in London.

 

In the SAR there is a Notice of Assignment of debt. Is the creditor supposed to send this document via registered post? I never received it as it apprently arrived through"snail mail" at my ex-Wife's address.

 

Please comment.

 

Marse

[Marse]

Hi all,

 

I have read some of the posts and one in particular was very interesting and it was in connection to Default Notices

 

"Law of Property Act 1925 section 136 'Legal assignments of things in action'

 

(3) Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.

 

Does this apply to my particular case?

 

Marse

 

 

[dx100uk]

no, these are typical tactics for our leechers.

once a CCJ exists,they do not need to send them

if you are looking to get the CCJ set aside, the only way will be by proving the papers wee sent to the wrong AD, but after 15yrs this will be a tall order.

 

bryan carter is one of the fav for doing this. as well as phanton court paperwork.

 

if whom you are paying is NOT named on the CCJ, they cannot use it to demand payment. IT IS NOT TRANSFEREABLE

 

anyhow

 

i'm shooting in the dark.

 

we need the story and the names, else we are worthless to you.

 

dx

[dx100uk]

Hi all,

 

I have read some of the posts and one in particular was very interesting and it was in connection to Default Notices

 

"Law of Property Act 1925 section 136 'Legal assignments of things in action'

 

(3) Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.

 

 

Does this apply to my particular case?

 

Marse

 

 

 

yes

 

dx

[Marse]

Hi dx

I have sent a message to the moderators, I am making a pigs ear of this, and I have asked them to merge my posts.

 

DX, I really do need help but this issue is very long and people will get bored reading it.

 

Believe me, I have all the documentary evidence that is necessary - I am not streetwise in consumer law, and their solicitor has already bloodied my nose.

How do I get this all down?

 

Marse

[dx100uk]

marse it makes no diff to me if you make a pigs ear of it. i'll still help.

now, having read your threads , there are certainly 2 maybe 3 that need merging.

but ofcourse we are going around in circles.

 

no matter, but i see you are rather like me shall we say...of the old school! and always keep things to your chest.

 

you dont need to now-a-days.

 

i'm glad you've contacted the mods, i'll bounce this too and get the threads mereged.

 

i'm glad what i was saying here tallies with the advise on the other tread ofthe same subject.

 

anyhow

 

chin up OM

 

we can lick these leechers & get you loads of money back i'm sure

 

we just need the story and a few facts..

 

glad to help

 

dx

[Marse]

Hi dx,

 

Thankyou so much: much appreciated.

 

I will do sections at a time, and allow you time to cach up, I will not continue until you tell me to.

 

In 1989 I purchased a car through an Hire Purchase Agreement. The agreement is the first issue, and as you may recall, the CAB believe that the entries are fraudulent - do you want me to outline the incidents?

 

 

Regards

 

Marse

 

PS "if whom you are paying is NOT named on the CCJ, they cannot use it to demand payment. IT IS NOT TRANSFEREABLE"

 

Could you explain this point?

Edited February 6, 2010 by Marse

[dx100uk]

put it all briefly down in one message, the lot about this whole reason you are posting

 

just use double line breaks between sentences like this

 

then it makes it easier to digest!

 

we'll get there.

 

dx

[Marse]

Hi dx,

 

OK!

 

I commenced payment of instalments during September 1989, and about May of 1991 I realised that I had developing finacial worries.

 

I consulted the CAB and they suggested that I terminate the contract, the original creditor informed me that I had not paid enough money to take advantage of this facility.

 

They advised that I either sell the car or have it auctioned.

 

At this time, my divorce was picking up speed and I left the matrimonial home and relocated to London. I wanted to resolve the debt, so I informed the OC of my address and provided a telephone contact.

 

In the telephone conversations the OC arranged an auction venue in Wembley and instructed me to place the car in the auction at a reserve price of £2500 - which I did.

 

I then informed the OC by letter and that was the last I heard from them. The date was September 1992. In August 1993 my eldest daughter telephoned me to inform me that I had missed a court hearing in Nottingham.

 

Two days after the court hearing, I arrived at the court and explained my predicament. As it so happened, the circuit judge was sitting at that time. After about 4 hours I was ushered into his room. I explained the situation and he gave me a note to take to the Court's office. He then told me to consult the CAB in London when I returned home and ask the to begin a set aside of Judgement. Finally he ordered mt to pay the debt at a rate of £10 per month.

 

That was the last time I heard anything from the OC, and I continued to pay the £10 per month. I commenced paying in September 1993 and was still paying in July 2009

 

By this time, I had been diagnosed as chronic heart failure.

 

In 2007, and out of the blue, I received a letter from a DCA called Red Castle Recoveries telling me that they owned the debt and wanted me to increase payments.

 

DX I will call this part One, and wait for you to give me the go ahead.

 

 

Regards

 

Marse

Edited February 6, 2010 by Marse

[Marse]

Hi dx

 

Next episode:

 

Red Castle recoveries stated that I had missed payments...etc. As I had not missed on payment, and at that time I was in possession of a payment book, they backed off.

 

They attepted this procedure a number of times.

 

They then sent me a further letter, but this one had a different account number, and I presumed that these people had changed the old reference number to one of their own.

 

Shortly after this, Red Castle Recoveries were taken over by another, foreign DCA - Gothia Limited, and my worst nightmares began. I received "shedloads" of letters and abusive and threatening telephone calls.

 

Interestingly, Gothia Limited had now added a further account - which was now frightening.

 

For 18 months I kept these people at bay by telling them I had not missed any payments which appeared to puzzle them. In July 2009 this matter came to a head.

 

I received a demand from another DCA called Credit Response Management who were demanding £301.33. I did not have a clue what this was all about so I ohoned them. The originator was Gothia Limited who claimed I owed this money. The account reference was the reference of the CCJ - not the two new accounts that had been created.

 

I phoned Gothia. Lost my temper, and ended the day in hospital suffering another heart episode. Whilst lying in the hospital bed, my thoughts revolved around the telephone conversation - it the dawned on me.

 

During the conversation, I kept talking about a Hire Purchase Agreement which frustrated the Gothia agent who got rather annoyed. He then mention a Personal Loan.

 

On leaving hospital, I requested a SAR from Gothia. On receiving the consignment, I was shocked at what I found - and what I couldn't find.

 

I telephoned Gothia and informed them the matter was in dispute and requested their complaints procedure. Shortly thereafter, I received their letter of explanation which, according to Gothia arrived after a full investigation.

 

DX - this the end of part two

Regards

Marse

[Marse]

Hi dx

 

The contents of the SAR/Hire purchase Agreement

 

The first document in the SAR that I noted was the original Hire Purchase Agreement.

 

When I first called on the supplier of the car I explained my particulars to the salesman who very quickly informed me that I would not get credit.

 

I had recently finished a Post Graduate Certificate in Education and I was not only skint, I had an overdraft that was out of control. A few days later I received a phone call from another salesman from the same firm who thought he could " do a deal."

 

I had just secured my first teaching post and the school was a 32 mile round trip and I was desperate for a car.

 

We sat down, he asked a few questions: did a few calculations, and phoned his head office. He than asked me if I could get a "banger" in part exchange which I couldn't - he then tells me not to worry he could find one in the yard.

 

The Hire Purchase Agreement had been written by hand - the Agreement that I found in the SAR had been typed.

 

What follows are the discrepancies contained on the Agreement:

 

1: Address and how long there: it said 12 years, I had lived there 5 years,

 

2: Marital status: it said married, I was divorced

 

3: Occupation and how long: it said 20 years, I had been teaching a couple of months,

 

4:House owner/Tenant: it said homeowner, I was a council tenant

 

5: Financial: I am supposed to have paid £3495.00 depost, I did not have 3000 pennies

 

3 months later, I returned to the salesrooms to find that they had gone out of business.

 

What is so devastating about this agreement is the fact that I was supposed to have part exchanged a vehicle for the allowance.

 

In the documentation of the SAR, I found a very small addition: the car in question was an Austin Montego. The car that I purchased was a Nissan Sunny F-Reg. The Montego was a D-Reg

 

 

 

[IdaInFife]

I have merged 4 threads together and renamed them as CCJ help

 

Ida x

[Marse]

Hi all

 

I have ben searching through the SAR documentation, again! At the critical time, I had relocated to London and I had notified the OC of my address in London which had been cofirmed by the CAB.

 

In the SAR there is a Default Notice addressed to my ex-Wife's address - not to me in London and it is a file copy - it is a valid DN with all specifiction - but as said, sent to the wrong ddress.

 

There is also a copy file of Hire Purchase/ Notice of termination dated the 10th September - again sent to my ex-Wife's address.

 

At the same time and date of this Termination, I was in London supervising the Auction of the car as per the instruction of the OC.

 

On the 21st October 1992, one month after I had auctioned the car and passed the proceeds to the OC, another Default Notice is sent to my ex-wife's address and it states, "Term of Agreement brreached: Cause providing for care of car. Nature of Breach: Allowing goods out of your possession and control.

 

These people instructed me to auction the car.

 

Advice please.

 

Marse

Edited February 7, 2010 by Marse

[Marse]

Hi All,

 

Notice of Assignment of Outstanding Debt

 

Again I did not receive this notification - it was again sent to my ex-wife's address. It is from a DCA not the OC. It states the acount number and the value of the claim.

 

It states: "Your account was legally assigned to Red Castle Recoveries, and atached to that letter was another letter which states:

 

As you have been informed within the attached letter, your account has been legally assigned to Red Catle Recoveries Ltd who themselves have been acquired by Gothic Holding AS,a Scandinavian Recoiveries Specialist.

 

Acording to one of our Caggers it is argued:

 

"Any such Notice of Assignment to have been served upon me, it should have been;

 

1: Served using a form of postage which is signed for upon receipt of delivery

 

Unquote:

 

If this assertion is completely true, I win!!!

 

The acount to which is the subject of this is the key and if this is pulled from underneath them their complete defence collapses.

 

I need someone to carefully analyse this and add/ detract as necessary.

 

 

Marse

Edited February 7, 2010 by Marse

[Marse]

Hi all

 

I need some advice about the following:

 

On purchasing the motor, I later encountered mounting finacial concerns and I notified the OC, and I requested that I Terminate the Agreement. OC informs me that I had not paid sufficient and instructs me to sell/auction the car and pass proceeds to them. I did this on the 12/09/1992

 

From the SAR, I later find that I had paid sufficient money to have Terminated the agreement.

 

The OC did not send me a letter before action, and the OC did not send me any default notices, and of course did not send me the notification of a pending court case.

 

The OC sent all notifications to my ex-wife's address and ignored my address in London.I have the necessary proof this happened in copy letters contained in the SAR.

 

Can I hit them - I am sure that I can.

 

Marse

[Marse]

Hi Dx

 

I will complete the "meatier" part later, I am off to bed.

 

 

Thank you again

 

Marse

[dx100uk]

ok

 

questions time.

 

1. give me the judgement figure on the original ccj that you had to pay £10PCM for

 

2.have you always been paying to the OC and NO-ONE else?

 

3.give me the name on the judgement to whom you had to pay

 

4. in post 7 you mention the joining of two A/C's, pardom my understanding, but i take it this DID NOT happen, butthe judge order you to continue £10PCM? what date was this?

 

general bits:

 

NEVER EVER talk to a DCA on the phone, demand every thing in writing & NEVER EVER call them yourself.

 

the DCA CANNOT use a CCJ taken out by an OC against you, they must BE NAMED on the judgement, it's binding legalities ARE NOT transfereable to ANYONE bar the co NAMED in the CCJ.

 

you have paid £1920 on this judgement.

 

more tomorrow on answers to above.

 

dx

[Marse]

Good Morning Dx

 

I am feeling a lot, lot better and I slept just fine.

 

1: The original Creditor is Automotive Financial Services

 

2: From 1993 to 2005 I was paying Automotive Financial Services

 

(a) From 2005 to 2006 I was paying Red Castle Recoveries

 

(b From 2006 to July 2009 I was paying Gothia Limited

 

3: The name payable was Lester Aldridge, Russell House, Oxford Road, Bournemouth (Solicitors}

 

4: The district Judge addressed himeself to the original CCJ: I did not find out about the other two "alledged" Judgments until 2006. (The date the judge ordered me to pay £10 per month was on the 15/08/1993 and my first payment was in September 1993.)

 

The value of the original claim was £301.33 plus costs. Had I been informed of this and the date of the court case, I could have paid that immediately.

 

The amount of money I have paid in is, as you say, £1920.

 

I am hoping that you ask the question of why I continued paying if the value of the claim is £301.33!!

 

Furthermore, this value of £301.33 + costs has been inflated by £137.20 and I have informed the opponents - they have ignored me.

 

DX, I am so thankful to you.

 

Marse

Edited February 7, 2010 by Marse

[Marse]

Hi Dx

 

So far, I have been told that if the OC sent a default notice to the wrong address, despite the fact that they had been in formed by the CAB and me, they have problems.

 

Also, as the the DCA sent the Notice of Assignment to the wrong address, as the same reasons made above, they have problems.

 

How do you propose we address the problem? I have a lot of temper penned up inside me, about this DCA.

 

Many regards

 

Marse