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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
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Need help with old catalogue debt that i didnt sign credit agreement for


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Hi guys

 

I have an old Kays catalogue 2010 that is on my credit report and has had a CCJ applied 2014.

 

 

I took the catalogue on from my mum originally but never signed an agreement.

 

 

I then ended up moving house twice and knew nothing about the CCJ until now.

 

What do i do?

 

 

I could either get the ccj put aside which i think i have to do a n224 form for and comes with a fee.

 

 

Question will i have to go to court to set it aside as im a nervous wreck.

 

My other option would be to challenge the debt because its not signed.

 

 

I dont have a credit agreement so i cant check whether there are any loop holes.

 

If i do this has anyone got a draft letter they could provide me as i havnt a clue about laws and stuff like that.

 

if anyone chooses to reply please bear in mind im not very good understanding legal stuff :|

 

Thanks for looking x

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would have been an automatic sign up to the CCA in 2010

 

 

not very much you can do. sadly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

Thanks for responding so quickly.

Would it be an idea to get the CCJ set aside as I have proof I had left the address the CCj must have been delivered too?

I have a few questions regarding CCJ set aside:

Would I have to appear in Court?

Would I be ordered to pay it all at once as im on benefits?

Would the court costs that were put on top of the debt be taken off?

 

Thanks again.

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Did you inform the creditor you moved? Simply moving and having proof isn't enough. You need to have told them otherwise the last known address is OK as they would have had no reason to believe otherwise

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you are on benefits you may be able to claim exemption for the court set aside fee, so it may not cost you. But yes you would need to make a case and attend a hearing to explain your case.

 

When you say that you took over the account from your Mum, how was this done ? I would have thought they had to issue a new credit agreement in your name, but you would not have to sign it.

 

You could send them a CCA request asking for a copy of the CCA in your name, Even though the CCJ is now in place, if you find out that they did not issue a CCA in your name, you may be able to get the set aside.

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