Shop Direct (Great Universal) Claimform - admitted debt, offered payment, but missed some, now bailiff NOE

[nevos]

I'm with you on this one Tifo: I also have a CCJ under similar circs. The DCA can't prove there is agreement between us and I am still going for the Bank Charges on the debt when the Bank owned it.

 

I'm now trying to find the right way to get the CCJ removed from my record.

 

A form known as the ‘N244’ may be requested from the County Court, free of charge. The N244 form is filled out to request the removal of an unfair or incorrect CCJ to the Courts. This form must be completed giving all the details relating the CCJ, with an explanation why the judgment should be set aside.

[tifo]

yes, exactly what i need to do.

[Laiste]

Tifo,

 

I understand why you are raising the argument concerning who owns the debt and the fact that don't accept the charges levied by the bank. I appreciate your angle, but my honest view is that you are going to have an almost impossible task on your hands convincing a Judge that the charges are a separate and distinct issue, the case has been decided and concluded! If the debt has been admitted and no defence and counter-claim were raised, you are effectively saying to the Court and the claimants that everything they stated in their claim was correct and you were not challenging it. As much as it pains me to agree with Zooman, ignorance of the law sadly is no defence.

 

If there wasn't any finality of proceedings, consider this hypothetical and bizarre scenario. In 1yrs time legislation will be passed that gives every debtor the right to reclaim all monies paid to a bank, c/c, (irrespective of a copy of the contract being produced) if said debtor has been harassed by the Company in any way for monies owed. A number of people with CCJ's would then be tempted to raise a claim stating that they had become aware of this law and they had indeed been harassed, therefore would like their money back! It is something of a far fetched argument, but my point is once liability has been admitted in full, you cannot retrospectively raise arguments because you are now familiar with a particular aspect of the law or a piece of legislation has been passed which fits your circumstances and which in your view, gives you a right of action against the creditor.

 

Consider the converse position, laws are passed which favour the creditor and despite you being of the opinion that legal action had ended, they have the right to come after you again and again on some pretext that new laws allow! That would be a frightening prospect to live with, I'm sure you would agree!

 

The moral of the story is, if a claim is filed against you, admit absolutely nothing and fight back!

 

Laiste.

[Laiste]

I forgot to add, irrespective of whether the debt has been sold to a DCA, once you are at the stage where a CCJ has been applied to your credit

file(s), because you have admitted the debt, the penalty charges form part of that debt that you have accepted liability for. If you hadn't agreed that the penalty charges were a lawful part of the debt owed, you would have raised a defence and counter-claim saying so!

 

Laiste.

[tifo]

i understand your point also Laiste.

 

However, what i was saying is that it depends who is listed as a 'claimant' in the CCJ.

 

For example, i have a CCJ for a debt with Hillesden, which they listed as a 'Hire Purchase'.

 

I will claim back penalty charges from an MBNA credit card i had, which the Hillesden account is meant to be.

 

My CCJ is with Hillesden, not with MBNA. Therefore i do not see what defence MBNA will say. They can't say i have a CCJ with Hillesden, thats a seperate company and nothing to do with them. They don't own the debt anymore, but when they did, they charged me. What their agreement is with Hillesden is a seperate issue.

[nevos]

Hi, Laiste: I think you can still raise the charges question with the original owner of the debt because they occurred at the time when they had the debt and you had a contract with them. What they did with the debt i.e. sold it etc is their problem.

 

Here are some situations when you can apply to have a CCJ set aside:

 

Here are some common reasons for why a CCJ should be set aside:

 

# The full 28 days notice was not given to pay the outstanding debt.

# An incorrect postal address was used when the summons and judgement took place

# The summons was never received

# The issued CCJ still appeared on the credit file even though all arrears were settled within 28 days

# 21 days was not provided to reply to the court, due to a late summons.

# Your name was used by another to gain credit, resulting in a CCJ

# Out of court settlements with the plaintiff, resulting in all arrears paid

# If you did not receive any notification of the judgement/s made against you, then you can appeal.

# Unable to attend court, due to other circumstances

# Summons taken out against both yourself and another person jointly and only one party received summons.

[tifo]

Hi, Laiste: I think you can still raise the charges question with the original owner of the debt because they occurred at the time when they had the debt and you had a contract with them. What they did with the debt i.e. sold it etc is their problem.

 

This is also how i understand it.

 

Penalty Charges from the original creditor and default/CCJ issues with the DCA.

 

However, once you receive the penalty charges back, it makes sense to use that money to pay off the DCA with a reduced settlement, therefore getting rid of an outstanding CCJ.

[dexyblue]

Can anyone help me, I sent a SAR to GCC on 8th February and got the address from this site as 100 Barbarolli Sq, Manchester. It was sent along with £10 postal order and recorded delivery. I have just rang GCC up as I have not heard from them and they say they have not received letter and dont know of the address in Manchester and gave me a PO Box for them in Bolton, she then asked me had I included £1 PO for credit agreement, I said I had already done that when the debt was with Moorcroft (moorons) who duly sent me the PO back and said they were no longer dealing with the debt.

I then explained to her what I required she then said oh you have to write to the catalogue for that, to which I explained that they were dealing with the debt, she then stated getting stroppy and said look people send letters here everyday for Data protection things so send it here.

My questions are

1) Whats this address I found on this site for GCC

2) Where the hell do I send my SAR to

3) How the hell do I get my postal order back

 

I am on benefits and cant afford yet again more postal orders and recorded letters.

These people have the likes of me by the bol***ks

[lookinforinfo]

Dexy, the address you sent the PO to was their registered address.

As you sent the letter by rec. del. you can check with the Post Office to see

if the letter has been signed for and if you have kept the PO counterfoil, you

can also find out when it was cashed.

[surprise]

Replying to Dexyblue. I also sent a CCA letter to GCC Debt Recovery at PO Box 888, Bolton, BL78 1GB who immediately passed onto Moorcroft, who I immediately sent a CCA to. I have also sent a SAR to Kays. Kays have banked the cheque so just a waiting game now. Moorcroft have responded with the same letter that everyone else seems to be getting which I am ignoring.

[dexyblue]

Bump

 

Someone must know what address I send my S.A.R to GCC Debt Recovery, I am sure I have been told that you cant send it to a PO Box or have I dreamt this?

Come on guys help please

[tiglet]

You can send it to a PO Box. have you checked on RM website to see if it was delivered? Have you checked to see if the cheque/PO was cashed?

[dexyblue]

I have started the process with the Royal Mail to find out where this letter is because it sure as Hell hasnt been signed for yet. I cant afford another £10 postal order until I get the last one returned to me, when that will be, who knows.

I dont know how some of you have the patience for all this aggro or does this just happen to me?

[tiglet]

You do need patience, i'm afraid. I take it you've reported the PO as missing too in order to get the refund?

[dexyblue]

Thanx Tiglet, it hasnt been delivered or cashed, the Post Office just gave me a form to fill in, which I duly did but cant tell me what happens or how long it will take, other than it will be investigated

[surprise]

Dexyblue

After my CCA to Moorcroft I had a letter to say that the matter had been referred back to the Creditor and they returned my £1.p.o. I did send a SAR to Kays with a cheque for £10.00 which they have cashed but no info as yet. I think you and I are on the same trail, the one that leads nowhere.

[tiglet]

Oh, it leads somewhere - either to reclaiming charges or having the debt ridden off.

 

You're in the darkspot now - the light is there at the end of the tunnel.

[tiglet]

I can really wax lyrical after a glass of wine, can't I?