Barclaycard-CL finance CCJ

[alvaro76]

Hi there,

 

Just wondering if anybody has been in the same situation or can help with the below please?

I had a Barclaycard a number of years ago which was eventually sold to DCA's "CL Finance". They eventualy managed to issue me with a CCJ, but we never went to court.

 

Unfortunately I never defended the CCJ due to my own ignorance about what my rights were, and also had too much going on in my life in that period of time to try and resolve this problem.

 

CL Finance kept on sending me letters to get me to pay. To cut the story short, I asked them for the original credit agreement (which I knew it did not exist as they originally sent me the credit card by post!). This was never provided.

 

Despite that, one night at around 8pm a gentleman came knocking on my door in the name of CL Finance... that was what made me determined NOT to be a victim of these people any longer, get educated and take some action rather than sit passively.

 

I wrote to the FOS and after a few weeks CL Finance wrote to me saying that "I still owe the debt" but they would not persue it until they'd get a copy of the original agreement (as I said before, I never signed anything so they won't be able). That was about 18 months ago.

 

The question is - even though they are not contacting me any longer - what can I do to stop them marking my file or... what can i do to try and eliminate the CCJ? Surely it is not right that they tried to chase me for a debt when they have not complied with the law.... not providing the original credit agreement and therefore they (Barcalaycard) should not have been able to pass the debt to CL Finance??

 

Not sure is there is anything that can be done or I just need to accept the CCJ wil be in my credit fie 3 more years?

Many thanks!

[dx100uk]

can we have some dates please

 

ccj, org debt, etc etc

 

dx

[alvaro76]

Hi there,

 

-the CCJ was issued on the 14th of July 2008 afetr I had been paying a small amount monthly through the CCCS.

-On the 22nd of december 2008 I sent a letter to court: "application for redetermination/transfer to local court for oral hearing".

-On the 4th of February 2009 I received a letter from "hmcs" telling me that the claim was transfered to Bradford Countuy Court on the 14th of january so they were unable to consider any requests.

- On the 22nd of January I wrote

- On the 10th of February, Bradford county wrote to me to say that they transferd the claim to my local County.

- I sent letter on the 10th of February 2009 to CL Finance asking to validate the debt

- I heard nothing form a few months

- Beginning of July I wrote to CL Finance asking a copy of the credit agreement and they replied on the 29th of July with a bad copy of the terms and conditions...

- End of August "howard Cohen & Co solicitors wrote to me saying that an instalment judgment order has been awarded against me and this was now in arrears... also they intended to apply to the court for a charge on my property if I failed to settle the debt...

- I wrote letter telling them that I would not deal with them nly with the bank concerned..

- 17 of november 2009 Howard Cohen came back to say that they require full balance or they'll issue a court bailiff as they account is in court order arrears...

- before that on the 9th of November a CL Finance agent came knocking the door which I - of course- closed straight away.

- 26th november I complained to the FOS due to lack of credit agreement.

- Finally I got a definite answer from CL Finance, which would mean a temporary victory... see letter attached.

Since then, the only problem is that they are still marking my file, even though I have written to the equifax and callcredit to try and remove the marks...

 

Many thanks in advanced!

[alvaro76]

Not sure if you can see the letter...

[slick132]

Hi Alvaro,

 

The letter is too small to read. If you can't post it on thread, you can just type up what is said.

 

However, if they have ceased collection activity until the credit agreement comes to light, that is about as good as it will get, I fear.

 

The CCJ will already have been registered and will show on your credit records.

 

You cannot get the adverse markers removed unless you get the CCJ Set Aside and I think you've left it too late to do this. You may have had a chance within a year of the CCJ but anything longer and you're pushing it.

 

Also, if you DID seek a Set Aside on the basis of the lack of a proper credit agreement, you would be hard pushed now to defend successfully. Court cases that have set precedents would be used to show that they do NOT have to have the original signed agreement. A reconstruction would suffice, and the claim could be confirmed and they could then pursue for full payment.

 

[alvaro76]

Hi there,

 

many thanks for the clarification, I guess it's better to leave it as it is and try to "resurrect" my poor credit file (I have not borrowed any money for last 5 years or so) with time...

 

The letter said - basically- that they recognised they only provided me with the most recent terms and conditions... and... "I can confirm that under the circumstances no enforcement action will be taken against you until the required documentation has been provided to you" and "this does not mean that the debt is wiped out. Any outstanding debt is still owed and you must continue to make payments"

 

Once again, thanks for your time looking into this

 

Alvaro

[dx100uk]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[alvaro76]

clfinance1.pdfHi Dx,

 

Thanks for the through steps

here's the letter

Thanks,

Alvaro

[slick132]

Having now read their letter, I stand by my earlier post.

 

Edited June 10, 2011 by slick132

[tosh1]

any further updates?