Online Car Finance sublect to CCJ/CO - now sold to Cabot

[merlin100]

Hi all, and thanks for all the replies.

 

I do apologies for making another thread similar to the one I first posted,

but after bumping it a few times I wasnt sure if anyone would know any answers, so again, my apologies.

 

So lack of an enforceable CCA doesnt really matter?

I ask because there are many threads throughout this great site that state quite emphatically that

- no CCA, no enforceability!

I just wanted to be sure.

 

Sar is going tonight.

I dont know what will come back so will wait and post later.

 

But just to get this right

- I SAR the latest one thats threatening right?

 

Whatever comes back I will post (minus personal info of course!), but to be honest, this has probably gone through so many DCAs etc that the accumulative charges are going to be great to tackle!!

Thanks again all.

[the_shadow]

Unfortunately you always have to factor in the "judge lottery", a good judge will apply the law and see that no agreement with prescibed terms means no enforceable debt. As dx has pointed out the debt exists but they cannot take enforcement action through the courts to collect.

 

If no actual agreement then an injunction against enforcement is the way to go but someone more legal can advise on that.

 

Not sure why you are SARing the DCA, they wont hold much information on you and most certainly wont have the full paperwork on you, if you want them to provide the agreement its a s78 request you need to send to them.

 

S.

[merlin100]

Hi shadow, thanks.

Dont they then have to contact the OC?

Just trying to get this right from the outset.

[the_shadow]

SAR's are not passed up the chain, s78 requests are.

 

SAR's are used to get back all personal information that specific company holds on you. You would normally SAR a creditor to get back a complete history of the account including sometimes an agreement/default notice/termination letter/notice of assignment etc.

 

S.

[merlin100]

Many thanks shadow (and all),

now I guess I just have to try and remember who the OC was!

 

I say this because when the ex left (2004),

she walked away from any debt she had that was taken on with this address.

 

Got most of them sorted over time and they now leave me alone.

So Im just being careful that I dont open any unecessary cans of worms.

 

Should the brown stuff hit the fan re this possible Charging Order threat of repossession,

Im wondering if I should now not so much deny any knowledge of the debt,

but rather neither deny or admit to it based on time passed ( I cant remember?) and ask for proof.

 

I am almost certain they will not have the original credit agreement + no payments since 2004.

[the_shadow]

Debts are personal, unless you both are signatures to the debt then you are not responsible for your ex's debts. If your ex has no interest in your property then its not an issue to just ignore anything in her name, if they take her to court they cant touch the house if she has no interest.

 

S.

[merlin100]

Hi all,

Got Mortimer Clarke coming out of the woodwork again for a debt from 2003 for which they have a CCJ.

This was a debt that was in both mine and my exs names.

Ive never acknowledged it, but it would seem that the ex has been hassled into making a few payments here and there.

Ok, there is a CCJ.

So would a CCJ "block" a CCA request, or indeed a SAR?

And if it transpired there was no original credit agreement - could I get the CCJ removed on the strength of this?

So can anyone advise on my next move?

Thanks all.

[cashins]

So would a CCJ "block" a CCA request, or indeed a SAR?

Could block a CCA request but cannot block a SAR.

And if it transpired there was no original credit agreement - could I get the CCJ removed on the strength of this?

Errr... not sure

So can anyone advise on my next move?

 

My post will bump your post and hoprfully you will get an answer on the 2nd point.

 

David

[merlin100]

Thanks for that cashins - Ill go straight for the SAR then.

Will be worth a tenner just to see what they have.

Just a point - do I send it to the ones hassling me now or to the original creditor?

[twofoot]

In your case it's the OC

[Surfer01]

If it is over 6 years old, is the debt still enforceable?

[cashins]

If it is over 6 years old, is the debt still enforceable?

 

There is no statute of limitations on a CCJ, they would need to explain however why they have done nothing about it for six years.

 

David

[merlin100]

Hi all,

just had a case transferred by MFS Portfolio from their local county court to mine for "Enforcement".

Does this mean that I should ready the land-mines in anticipation of the baillifs calling or does it mean something else?

Its regarding a charging order. Just spoke to my local court and they say its to finalise an interim charging order. Doesnt sound right to me but I could be wrong.

Have never responded to this ( my stupid fault) but now I am.

My court are sending me a response form and I will have to pay the £75 fee.

Is there anything I an do ie a CCA, to put these people to strict proof that this debt belongs to me or is that too late? If it is too late - is there anything else I can do?

Many thanks all.

[count orlok]

How has it got this far? Did you contest the original CCJ, have you been paying it or did you just ignore all the paperwork untill now (you won't be the first, or the last to bury their head in the hopw it would go away)?

 

What is the debt for?

[merlin100]

Hi count, thanks for the reply.

As I said above, yes I buried my head in the sand (bringing 3 kids up alone, nasty ex wife +divorce etc).

They say its for vehicle finance from a firm called On Line Finance from around 2002 - 2003 and the claim is for just over £2000.

I have never responded to this in any way.

But now its time I did. But I would like to know if its too late to do anything, but if not, what can I do?

Can I still ask them to prove the debt and if so, would this now be a different proceedure to follow?

 

Theres not a lot of info on here about fighting something like this when its gone this far so Im just trying to find out if Im already stuffed or do I still have a defence available?

Thanks

[merlin100]

Hi all,

just got a letter from Morgan Solicitors threatening to go for an Order of Sale regarding a Charging Order that has been on my home for the past 4 -5 years

( in the days before I knew of CAG).

 

The amount is around £9000.

 

So what can I do?

 

Can I still challenge the amount with a view to having any charges removed?

 

What other courses of action are available to me?

 

I did hear something that this new Government were to ban Sale Orders for amounts under a specific amount.

 

 

Does anyone know how this is progressing and if there are any alternatives in place that I should be aware of?

Thanks

[cerberusalert]

Haven't the present Government stopped this for debts under £25K?

[ScarletPimpernel]

Is their client Cabot? If so, just ask them to confirm that they are in possession of a current, valid consumer credit licence.

 

I recall that the threat of changing the statutory limitation to 3 years prompted the DCAs to say that the courts would be flooded with claims; I wonder if we will see a similar situation with the proposed ban on order for sale?

[gyos]

Haven't the present Government stopped this for debts under £25K?

 

They've promised.

 

Not sure if they have actually done anything to put that in place though?

 

Presumably it would require legislation and/or changes to the civil procedure rules?

[cerberusalert]

Debt collection levels under pressure - 28/05/2010

 

 

If enforcement officer powers are watered down the UK will lose more money than the £6.2bn the government is already trying to slash from the deficit, according to IRRV chief executive David Magor.

 

The new coalition government has already banned orders for sale on debts of less than £25,000.

Credit Today online

[gyos]

The new coalition government has already banned orders for sale on debts of less than £25,000.

Thanks cerberusalert.

 

I think I would like to see that in black and white somewhere more reliable though. CT is not exactly the most reliable source.

 

I also want to know under what legal basis they have done it?

 

We need something concrete that we can quote back to DCAs and regulators.

[cerberusalert]

4. COMMUNITIES AND LOCAL GOVERNMENT

The Government believes that it is time for a fundamental shift of power from Westminster to people. We will promote decentralisation and democratic engagement, and we will end the era of top-down government by giving new powers to local councils, communities, neighbourhoods and individuals.

• We will promote the radical devolution of power and greater financial autonomy to local government and community groups. This will include a review of local government finance.

• We will rapidly abolish Regional Spatial Strategies and return decision-making powers on housing and planning to local councils, including giving councils new powers to stop 'garden grabbing'.

• In the longer term, we will radically reform the planning system to give neighbourhoods far more ability to determine the shape of the places in which their inhabitants live, based on the principles set out in the Conservative Party publication Open Source Planning.

• We will abolish the unelected Infrastructure Planning Commission and replace it with an efficient and democratically accountable system that provides a fast-track process for major infrastructure projects.

• We will publish and present to Parliament a simple and consolidated national planning framework covering all forms of development and setting out national economic, environmental and social priorities.

• We will maintain the Green Belt, Sites of Special Scientific Interest (SSSIs) and other environmental protections, and create a new designation – similar to SSSIs – to protect green areas of particular importance to local communities.

• We will abolish the Government Office for London and consider the case for abolishing the remaining Government Offices.

• We will provide more protection against aggressive bailiffs and unreasonable charging orders, ensure that courts have the power to insist that repossession is always a last resort, and ban orders for sale on unsecured debts of less than £25,000.

The coalition's programme for government - Public Service

[gyos]

Thanks, but all that is a lot of "we wills".

 

Most of which they haven't even started on.

 

So I'm afraid that doesn't help.

 

If it is now banned, where is that legally enacted?

 

That is the important question.

 

Election promises mean diddly squat.

[DonkeyB]

"The UK will lose more money"...?

 

Most of the debt buyers are offshore, so the UK will lose b*gger all in taxes.

[cerberusalert]

Considering it is part of a raft of changes and is part of 21 new Bills which are intended to go through Parliament in the next 18 months + it was only announced on 25th May it's still early days.