CCJ - copies of loan agreement

[atl1433]

Hi, my partner has a ccj on a loan which is now with Close Brothers (it has been with about 3 companies prior to CB)

but we can't get a copy of the original loan agreement from CB to make sure it is enforceable.

 

We requested a copy 12mths ago and despite sending 2 recorded delivery letters to CB etc we have had no response at all.

 

As we got no response, we stopped paying the repayments and they took us to court (via their solicitor, Banner Jones)

and had the repayments adjusted by the courts (after a statement of earnings they dropped the amount).

 

We don't receive statements or any correspondence from CB and would like to see a copy of the loan agreement.

 

Do we have to 'set aside' the ccj before we can see a copy of the loan agreement or is there any legal obligation for CB to send us a copy?

 

How do we get them to send us a copy?

 

It feels like they have the courts on their side and we just have to keep paying for something that we don't know

that they even have considering there have been numerous other companies who owned the debt prior to CB.

 

Any advice would be appreciated.

Thanks

[postggj]

You need to send an sar ny recorded delivery to the original loan company

if they were in default of your agreement request then that should have been your defense

 

its cast iron

[atl1433]

Thanks, when the solicitors took us to court we explained that we had defaulted on the payments as we followed the correct proceedure in requesting a copy of the loan agreement (sending £10 etc) but received no response from CB. However, the courts made no reference to this and proceeded to demand a statement of earnings etc. Do we need to send a new sar CB or can we do anything to enforce the request from last year? what if they don't respond again? Thanks

[dx100uk]

the CCJ will in all effect null the actual need for them to hold a CCA

 

can i ask the reasons why you need to see it

if you are not disputing the debt, i see no point as a CCJ is now in place.

 

however as suggested

SAR the OC its £10.

 

that might be useful if you think the sum they have gotten against you was incorrect

 

after all - there might be charges and PPI you can reclaim?

 

dx

[atl1433]

Thanks for your reply. Sorry, my partner now tells me this was a credit card debt originally with Naaffi in the Army (a card that could be only used in Naaffi shops), then sold to Arrow (in the form of a credit card with monthly statements) and finally Close Brothers. Are Close Brother not obliged to send statements etc at least annually as we have no idea how much the debt is now and what interest he is paying etc? Sorry again for mis-information!

[dx100uk]

they most certainly should be sending something....

 

is there any chance you can gives us some dates on all this....

 

and were you aware of the CCJ hearing taking place?

 

something smells here.

 

dx

[atl1433]

He first took the Naafi card with the Army in 1987 and then it changed to a credit card with Arrow and they did issue statements (we have one dated Nov 88)., and finally it has ended up with Close Brothers (not sure of the date of this butit is certainly prior to March 09). My partner got in a mess with his finances and went to Baines & Ernst to sort everything out, and it was then that the CCJ happened (March 09) and B&E handled it for him as he didn't know what to do. I got involved in August 09 by writing to CB to ask for a copy of the agreement, a full statement of account, a signed true copy of the deed of assignment etc (I used the standard letter on CAG) and I enclosed £10 PO. We had no reply so on 2nd Sept I wrote again (by rec. del) advising that they had failed to reply to my request and therefore the account entered default and we stopped paying the monthly payments. In Dec 09 we received notification that it was going to court and we needed to attach a statment of earnings etc. In my reply to the court I explained that CB had failed to respond to my requests, and I therefore believed the account to be in dispute and I could stop the payments - I got no response to this and the court ordered him to make lesser monthly payments.

The correspondence we have had has been from Banner Jones Solicitors regarding going back to court in Dec 09 and from that day onwards we have received nothing at all from Close Brothers.

Your advice would be appreciated as I am worried that if interest is being applied, the debt could be huge.

Thanks

[atl1433]

Re my earlier post, the Arrow statement date is Nov 1988

[dx100uk]

i think then yes you should contact the court [prob northampton bulk?] and

ask for a copy of the ccj

 

was there parchance a period of 6yrs when he did nothing with it?

 

something def smells here, as arrows are renound for fleecing people on sb'ed debts

 

dx

[cerberusalert]

Did you actually receive any stamped court papers?