Unenforceable Debt - Advice/Suggestions Please

[Nightmare4banks]

Hello All!

 

I have not posted here for a while mainly due to ill health.

 

However,as I feel abit better,I want to run through with you folks as written below:

 

Scenario as follows:

 

1.Obtained unsecured loan for doubleglazing just over 10 years ago.

 

2.The loan had PPI added to it

3.After obtaining a SAR it was revealed that there was a “secret commission”.

4.Original creditor sells debt to DCA .

5.Arrangement is made to clear the debt(Tomlin Order) with DCA.

6.Arrangement is broken and CCJ is obtained by DCA.

7.CCJ was then followed by Charging Order on my home.

 

8.Having read through various posts the original debt seems to be unenforceable mainly due the “secret commission” .

9.The commission was given to the dg salesperson that I was purchasing at the time.

10.The company that I had bought the dg went into liquidation a few years ago.

 

 

All the above happened several years ago.

 

I have been too ill to deal with this earlier but feel abit better and ready to deal with this now.

 

My questions are as follows:

 

a.What is the best way forward in order to sue either/both the original creditor and the DCA and get the CCJ removed?

 

TAKING INTO ACCOUNT….

 

1,The original creditor should have never sold the debt as there was an ongoing dispute.

 

2.Also as it seems that both parties knew that the debt was unenforceable.

 

3.I did receive a rebate of PPI from the DCA but I still believe the balance has an element of PPI remaining due to compound interest.

 

 

b. How can a DCA go to court,obtain a CCJ and then a Charging Order with the full knowledge that it has no right to enforce the debt in the first place?

Is this not a form of fraud or deceit?

Or worse i.e.contempt of court?

 

 

c.Can I obtain a refund of any of the payments that I have made whether to the Original Creditor and/or the DCA? Naturally I would have already made more than enough payments to cover the value of the “cash purchase” value plus some interest.

 

d.Is it correct to say that I would only legally owe the value of the item but not the interest as the secret commission voids the agreement?

 

 

If you have any questions,please just ask.

 

 

 

Many thanks in advance.

 

 

Note:I have NOT included the name of the DCA due to ongoing litigation.

Edited August 21, 2012 by Nightmare4banks

[42man]

How did you find out about the secret commission ? Were you given any booklet at the time of taking out the loan (such as an FLA booklet ?) Is there anything in the agreement saying that they may/will pay commission to the company ?

[42man]

How long ago was this ?...The high court cases you should look at are Wilson vs Hurstanger, Kelvin Jack vs Imageview, you should also look at Sealey and Winfield -v- Loans.co.uk Ltd (1) and GE Money Secured Loans Ltd (2) (2011) and Barnes -v- Black Horse Ltd (2011)

[Nightmare4banks]

Hi 42 man,

 

Thanks for your prompt response.I am familiar with the first 2 cases that you have quoted but must look at the others too.

 

In reply to your question:

 

1.The loan was taken out in either 2000 or 2001 - I cannot remember for sure.

2.I found out about the secret commission by sending £10 to the original creditor for the DSAR and this information came back with the copies of the original loan paperwork.

3.No FLA booklet was given at the time.

4.I don't think there is anything there is to say in the paperwork that they will pay anything to the company.

5.Please remember it was the DG salesperson who sold me loan and ppi not a person from the original creditor or underwriting insurance company.

 

If you have any more questions just ask.

[42man]

So am I correct in saying that they sent you the underwriters sheet with the commission stated ? May I ask how much the commission was (no need to be exact). Do check the agreement to see if there is any implied terms to say that a commission was to be paid. Have you thought about getting some advice from a specialist solicitor ?....

[Nightmare4banks]

Hi 42man,

 

Thanks for your last post.

 

I n reply to your question:

 

1.Yes it was a separate sheet amongst the loan paperwork copies.I cannot recall the commission amount.I will have to get back to you on that one,

2.I really do not think that there is any implied term in the agreement.

3.However,the salesperson most certainly never verbally or in writing at any stage told me about getting a commission for selling the loan and ppi or are there any documents other than the paperwork received in response the DSAR.

4.I did speak to a law firm recently but they have stopped doing cases that fall under this "enforeceability" category.

 

If you any more questions,just ask.

[caro]

Hi N4b. Sorry you haven't been so good, and had these problems. Good to hear from you though.

 

How long ago were the CCJ and CO, and did you attend court when they were obtained?

[Nightmare4banks]

Hi Caro,

 

Thanks for your kind words.Yes it is nice to be back but I have to be careful with my heslth.

 

Anyway,in reply to your questions:

 

1.Both were obtained a couple of years ago.

2.I attended both if recall correctly but it would hardly make any difference if there is a CCJ and instalment order breached too i.e. missed payment(s).

3.Therefore,it becomes in this particular case the creditor's "trump card" and mostly pointless therefore in challenging it.

4.However,there must be some exceptions in cases which naturally would depend on exact particular circumstances etc.

 

Just my 2p's worth!

Edited August 22, 2012 by Nightmare4banks