me and three debts with or without pending CCj's/Co's - help

[Jez909]

Hi all,

 

I need some advice.

 

I have sent letters plus £1 postal orders to ask my creditors for a copy of your credit agreement

under the Consumer Credit Act 1974.

 

2 letters to Capquest who have taking CCJs against me

and 1 to BW Legal who have threatened to force me into bankruptcy/CO.

 

 

The Recorded letters were signed for on the 22/10/2013 by Capquest and BW.

 

I had a reply from BW Legal on the 31/10/13

and from Capquest on the 24/10/ 13.

 

 

Both saying they're referring my request to the original creditors?

So this means that they don't have the signed contracts?

 

From Monday the (11th Nov 13) it will be 21 days and I have not had these credit agreements.

What is my next step?

 

Thanks

Jez

Edited November 11, 2013 by Jez909

[dx100uk]

no good in sending CCA requests on the CCJ debts.

 

the judgement over rides the need for one.

 

tell us the full story of you debts.

 

are you with a debt management company then?

 

dx

[Jez909]

The CCJ's have not been issued yet. Also I thought they can't do anything if a signed contract isn't existing?

 

I'm not with a debt management company. I'm being helped by Shelter and any info I can find online.

 

My debts are mainly credit cards and a non secured loan.

[dx100uk]

blimey you had me worried there

 

cca request

time limit is 12+2 WORKING days.

 

once they've failed that

 

send the failure to comply letter

 

good luck with shelter, nice bunch too.

 

dx

[Desperate Daniella]

Hi Jez909,

 

Who is the original creditor?

 

DD

[fletch70]

Have Capquest actually issued the claim form, if so on what date?

 

If they have, have you acknowledged the claim and put in a defence yet

[Jez909]

Sorry for the late reply (changing internet providers is a nightmare) and thank you for your replies.

 

So far this is what has happened.

 

I sent 3 failure to comply letters.

One to BW Legal and

two to Capquest for each of the alleged debts they had of mine.

 

So far BW Legal have still not replied in writing to this letter

and not heard a thing from them with regards the CO on the property.

 

With Capquest I've still had no reply from them in writing or any other letters

with the regards to the alleged debts they have of mine.

 

 

But when I checked my credit file and there was a CCJ issued for the largest amount.

 

 

Over 12 days later after receiving the CCA Request.

I've had nothing in the post to tell me this?

I was told if the CCJ was disputed then it can't be issued until the dispute has been cleared.

 

Both CCA Requests were received and signed for on the same day

and both should of been delayed until a copy of a signed contract was in evidence.

 

 

It looks like only one had been delayed and one had been ignored?

 

 

It's funny that the one had been ignored and the CCJ issued was for the largest amount?

 

What can I do about this if they have ignored one of my CCA Request

and have carried on with issuing a CCJ for a debt that doesn't exist?

[fletch70]

Hi

 

Because they have not replied to your CCA request does not mean the debt does not exist

and sadly it is not up to the creditor to stop the court process.

 

 

It is your responsibility to follow the process and acknowledge the claim and submit a defence .

 

 

No response to a CCA request would have been a perfect bar to the issuing of a CCJ

 

I do not know if you have grounds for a set aside ,

 

 

hopefully one of the legal minded bods will look in but the weekend is quiet so give them a chance

[dx100uk]

threat re-titled and moved to legals forum

 

 

dx

[Jez909]

Thank you for the reply fletch70.

 

Yeah I kind of guessed that would be the case but there was always hope?

 

I'm thinking of filling out a N244 form and try to get the one CCJ they have issued set aside.

 

Does anyone have any advice on this?

[Jez909]

Had a copy of one of the contracts back from DCA (6th Dec 13)

but I can't make out my signature when everything else is very clear?

It looks fake to me?

 

It has arrived over one month after the CCA 12+2 day deadline expired.

I also sent them a failure to comply letter which was signed for on the 6th Nov 2013.

 

Where do I stand now with this debt after capquest failed to comply with the CCA request?

 

I need advice getting the CCJ set aside because capquest have also failed to comply with the CCA request

but went ahead with issuing a CCJ against me.

Do I need to fill out a N244 and how would I go about filling it out?

 

Thank you

[Desperate Daniella]

Hi Jez,,

 

I'll try and get one of the legal guys to look in and advise on the set aside.

 

Can you post up what they have sent (removing all personal details, etc.).

 

DD

[Jez909]

.....

[Jez909]

This is all the letters I had off them.

The CCA is very clear but the non dated signature isn't clear and I can't make out who's signature it is?

 

Also you can see even though they failed the CCA deadlines

and they received a failure to comply letter from me on the 6th Nov 2013,

they have given me 14 days to contact them or they progress the CCJ?

 

So it seems to me that they think they can ignore the CCA deadlines and are above the law?

 

But they expect me to meet their deadlines and if I don't they'll be progressing ahead with the CCJ?

Edited December 8, 2013 by Jez909

[fletch70]

Hi

Well first off, sadly there is no penalty for the creditor in failing to comply with a CCA request other than being unable to enforce until they do, however long that takes

 

I am a little worried about them saying they have an acknowledgement from you although that could just be usual bull. I am a bit confused on this one, what stage of the CCJ are you at

Have you had a claim form?

Have you acknowledged that claim as required?

Did you submit a defence and if not is that date in the future?

Have you had notification of a CCJ from the court?

 

 

If you sent a proper CCA request with the £1 fee what they sent even with statements does not fulfill the request as there are no terms from either inception or default

[Jez909]

HiFletch70,

 

I'm also concerned about them saying they have an acknowledgement from myself?

 

Do they get a copy of the CCJ forms that I had to send back to the court?

 

Is this what they mean?

 

I was told by my debt advisor that there was no point in fighting the CCJs

and advised me to except the judgements even if I didn't want to.

These were sent off.

 

Before any judgement was placed

I sent 3 Proper CCA letters (from the CAG templates) with a £1 PO.

I also sent them failed CCA letters after 14 days.

 

Do you think I should contact capquest to inform them that what they sent does not fulfil the request

as there are no terms from either inception or default?

 

2 CCA to capquest and they have not acknowledged or responded to 1 of them?

1 CCA to BW legal concerning a charging order but BW have not responded.

 

I haven't had a claim form which claim form do you mean?

 

Have I acknowledged that claim as required? I'm not sure?

 

I haven't submitted a defence or for a future date.

 

I've had 1 notification of a CCJ from the court.

I sent the CCA request weeks before this judgement and had no contract info etc off capquest.

This is the one I want to get set aside.

 

I hope I've answered your questions best I can and typing isn't a skill of mine.

 

Many Thanks

[fletch70]

Ok

 

I am confused

It seems that some aspects of the debt advice industry do just tell people to accept the CCJ as and when they come along.

I really do not know what to suggest as i have no way of knowing what stage the CCJ's are at , if claims have been issued or judgements given

 

Certainly if the Capquest only sent you that I would write and tell them that what they sent did not fulfil in anyway a S78 request (S77 if a loan, S78 if a credit card)

 

Of course if the CCJs have already been granted then they do not have to comply

 

Can I ask, what organisation is you debt advisor with?

 

I will flag this for the site team to have a look at as to be honest without going through all your paperwork and seeing what has come it will be difficult to help

[AndyOrch]

Thats why we recommend 1 debt/matter per thread...when you post 3 its impossible to decipher.

[Jez909]

Hi and thank you for the reply.

 

It was Shelter who advised me but I've also had the same advice from CAB. As I said to both of them....Why isn't it possible to fight these CCJ instead of just caving into these DCAs. They said there's no way of winning so you will just have to except it. They gave me the same advise for the CO I got from BW Legal.

 

I read up on the CCA and found this below.

 

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence

Edited December 12, 2013 by Jez909

[Desperate Daniella]

Jez,

 

What you have posted above from Halifax is not a properly regulated credit agreement. I'll help you with a letter shortly.

 

BUT you really must ask the site team to start three different threads for you because what applies to one agreement may well not apply to another. This makes it very hard to give specific advice.

 

Have you actually had a Judgment (Order to pay) made against you?

 

When was the claim issued?

 

Did you acknowledge or defend it?

 

Or did you apply for a stay (delay) which the other side agreed to?

 

If you hit the triangle you can ask the site team to rename this thread putting Halifax and Capquest in the thread title.

 

Then start two more threads - one for each of the other creditors, and make sure you put the name of the creditor and the DCA in those thread titles too.

 

The reason for doing this is to attract help to your thread from people who have had dealings with the bank/DCA. We all have different information depending on our own situations. For example, I know a lot about Capital One, but absolutely nothing about MBNA, so I can help on the former but not on the latter, and it's the same for most of us here.

 

DD