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I have sent a SAR to the original creditor.

 

Got a reply today and it appears that the name on the original credit agreement is wrong as well and the same as the name on the ccj.

 

If more than half the name is incorrect on the original credit agreement does this mean that it was incorrectly executed?

 

This is not just a small typo it is completely different name.

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What type of agreement is this loan...credit card ?


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A credit card

 

And its 10 years old which you have used and assume made monthly payments...and now you raise the issue of wrong name on the agreement/statements/card ?


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...and In all that time you’ve been using “someone else’s” credit card and opening “someone else’s” mail without any feeling of remorse or wondering if this is right or wrong?

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I admit I spent the money and that I am the debtor. I know there is a moral side to this. But, I have been screwed over that many times in my life by banks I really do not care about that. I believe the central banks have been stealing from every man, woman and child on earth since they started.

 

But, where do I stand legally? The person on the ccj is not even similar to my name. How can they enforce judgment? Legally, they can only go after goods/property/bank accounts/salary etc belonging to the debtor. I cannot see how it even affects my credit file.

 

I am not likely to turn up in court and say that I am not the person on the ccj as this could be taken as admission of the debt itself. Surely it is up to the creditor to prove that I am the debtor. Unless they have eye witness's/cctv footage etc that I used this credit card (very unlikely after more than 5 years) how can they prove this when my name and the debtor's name are not even similar?

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Can someone remind me of CAG's policy on debt avoidance?.

 

I'm all for forcing the creditor to stick to required formalities when they haven't treated the debtor fairly, but the OP here admits they have used the card (under the name on it!) and seems to be looking for a way of avoiding the debt.......

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We do not advocate debt avoidance...nor do we advocate the use of DCAs.

 

We are not aware of the issuing original creditor nor the Judgment claimant....or how the card was originally applied for and passed the creditors credit checks.

We assume payments must have been made but not from who...the OC should have made investigations as to why the account named was not making payments ?

 

We are not aware if the named person on the agreement was a previous resident at the property and if the name on the card responds to any residents previously at the address.

 

So without all the details its difficult to advise..the dilemma you now face is what if they try to enforce the judgment or what method they will try to enforce.You are in a position wondering what comes next and watching the door and waiting for the telephone or the Postman to call....possibly for the next 6 years.

 

So you either ring the claimant and correct the details...its for the judgment claimant to investigate with the OC how this happened....but you will have done the right thing and will be able to relax in the meantime.

 

 

Choice is yours

 

 

Andy


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