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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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Optima Legal Demand

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When it rains it pours :-)

 

So in addition to my partners council tax problems she has now received a demand from Optima legal that was passed to them by Cabot for a bank debt. She was basically silly with her finances before she met me. I'm trying my best to help her but I'm not 100% on her rights, so would again appreciate any advice.

 

Her letter reads.....

 

Further to the recent correspondence you have received from Cabot Financial (uk) we confirm we have now been instructed by Cabot Financial (uk) in connection with the above debt which remains outstanding.

 

Our client requires payment by 15/05/2015, failing which we may be instructed to commence legal proceedings against you in the sheriff court.

 

If we do not hear from you by 15/05/2015 and our client has to commence proceedings you would be entitled to submit a defence to those proceedings which the court would consider along with any representations you make.

 

If the Court granted decree (judgment), you may also be ordered to pay the expense arising from some or all of the legal action. A decree (judgment) would be recorded on your credit record for 6 years and may affect your ability to obtain credit in the future.

 

If a decree (judgment) is granted and you fail to make payment in accordance with it, our client wold be entitled to enforce payment of the debt. There are various enforcement options which include, but are not restricted to:

Letters of inhibition

Earnings arrestment

Bank Arrestment

 

Please do not delay in attending to this matter as it requires your immediate action.

 

Usually I would just tell her to call and set up a payment plan but she genuinely has nothing she can pay, we have to borrow money from family just to get through the week.

 

So I'm wondering what can they actually do and should she be worried? Is there anything she should do?

Once again any advice would be greatly appreciated.

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What type of debt is this - credit card, loan ?

What is the value of the debt?

When did your partner enter into the agreement?

Have you requested a copy of the agreement?

When

 

Which bank/creditor

 

When was the last time any payment was made toward the debt ?

 

Do you know if there are any penalty/default charges added to the account ?

Do you know if there was any mis sold PPI added to the account.

 

I will alert those on the site team who have knowledge of the Scottish system


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Never ever ring a DCA!!!

They areNOT bailifffs

And have

No such legal powers

 

DX


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Yes, more details of the debt are needed.

Including when the last payment was made.

 

Also notice they say 'may' be instructed.

Could be a long way off.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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