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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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poochball

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Hello,

 

I have been a bit of a busy pooch. I recently wrote to Hillesden Securites about a default they entered onto my account. This was for my Egg Credit Card. They are not able to provide a copy of my Original Default notice and so are removing the information off my Credit File.

 

I also requested a copy of my Credit Agreement and have a couple of queries which I hope can be answered: -

 

1) Hillesden have asked Egg for the agreement but if Egg don't have the original agreement they state they can supply a true copy of the agreement which will comply with section 78 of the CCA 1974.

 

2) What constitues a true copy of the agreement?

 

3) If a copy of the agreement is provided, should this agreement have my signature on it?

 

4) I imagine the agreement they send should have the APR and Interest at the time I took out the agreement?

 

Sorry for all the questions but I think that they are going to send me a dud.....


Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Well,

 

The default was removed. DLC never provided an agreement but I continued to pay it like a good lad.

 

I settled the debt in January this year so I can kiss good bye to DLC now and live safe in the knowledge that I have paid it off.

 

I also asked for a letter to say thank you for payment and confirming it is settled.

 

One more now gone.


Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Well done poochball, that must be a relief.

 

I notice htat no one answered you query above, presumably it's no longer required.

 

Do you want me to change your title (to WON, or parhaps "default removed")


Steven

 

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Aye, may as well change it to defualt removed as I didn't really win anything other than getting the default removed lol.

 

I didn't get a response so did a bit of research and decided on the action I should take.

 

The original post I made was Jan 2007 :D


Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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could you explain the process please: i have a current account that has received dafault notice. If a current account is not regulated by cca, then is an overdraft. if yes, does a defualt notice have to be issued...?

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NYC, im not sure how defaults work with current accounts or over drafts, but as far as im aware, the correct procedure for issueing a default is, they should first send you a letter informing you of their intention to file a default against you, within this letter, it will state the reason for the default and an action you could take to stop the process of being defaulted, such as pay £XX within 14 days to bring your account back into line. After this time passes, they can and do issue a default against you, again as far as im aware, you should get a copy of the default notice.

 

I might be wrong, but thats the way i see it :)

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could you explain the process please: i have a current account that has received dafault notice. If a current account is not regulated by cca, then is an overdraft. if yes, does a defualt notice have to be issued...?

 

When a customer first opens his account there will be formal documents to fill in, but I doubt a current account involves a Consumer Credit Agreement, as unlike a loan account it does not start out with a loan and may never involve lending or borrowing.

 

For all planned overdrafts, an arrangement form is sent to the customer detailing the interest rate, term, calling in, etc. This has to be signed then sent back to the bank manager. I have never heard of a customer requesting proof of a signed O/D agreement in order to ascertain the legal entitlement of a DN should he be unable to repay the O/D. But you could be the first.

 

There is little doubt that if a bank account is o/d and the debit is not repaid on demand, then a debt exists and is recognised by the courts. Those who have been thought the CCJ process can tell us, whether in court the judge ever required proof of agreed O/D arrangement, before enforcing the debt.


 

 

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