Solicitors Letter Received

[gizmo111]

Are you saying that a ccj lasts longer than six years?

 

Yes a CCJ can be enforced in theory for ever - doesn't become statutue barred -

[nannamoon1]

God this CCJ is getting so confusing:confused:

 

Was about to post the letter that looingforinfo drafted for me.....

 

Ok I thought that I would give the County Court a call to see if I could be sent any paper work for the so called CCJ that I am paying to GPB Solicitors £7 monthly and have been for the last 14 years.

 

I have been told by the court that they would not have any records of the CCJ and they were not computerised back then so all the paperwork would have been destroyed.

 

I told her that I was still paying the CCJ to GPB and they had no paper work either and surly as the debt still had an O/S balance someone must have records. she replied "well we do not have any records going back that far"

 

I asked her what would happen then if I just stoped paying...she "replied that they could not take me back to court as I had already been" I believe that this is not true. please advise

 

Anyway what do I do now GPB appear to have no records and have wrote to Next Retail to see if they have a copy of the Agreement, but as stated in their letter, this is unlikley. GPB state that my contractual liability has been embodied in a Judgement since November 1993, but it appears at present nobody can produce any paperwork.....HELP

 

lookingforinfo, do I send your letter or is there another letter worded differently that I should send.

 

Its a good job I am off work at the moment after having a operation on my knee.

[PriorityOne]

Nanna... I would have thought that if no-one has any record of the CCJ, then nothing can be done to enforce it. That's my logic... but I am no CCJ expert...

 

[gizmo111]

I would ask them for proof of the CCJ.

Hope your knee recovers well.

[nannamoon1]

Gizmo,

 

Ok do I wait for the 12 days to expire which i believe is today to ask for proof of the CCJ or shall I wait the further month. Is lookinforino's first letter ok to send?

 

All I do not want to happen with this one is to be taken back to court, as my credit file is clear.

 

Do I keep paying the £7 per month to GPB or do I stop?

[PriorityOne]

Another q... If the court can't even find the CCJ details... how can it be enforced if payments were to stop ?

[gizmo111]

Another q... If the court can't even find the CCJ details... how can it be enforced if payments were to stop ?

 

Depends if the DCA have a copy of it or not - which they probably don't.

I would ask them to supply all docs they have including the alledged CCj and statments and go from there - if they can't produce anyhting and you have been paying for a long time probably more than you ever owed - how can they enforce it anyhow?

[nannamoon1]

I will send a letter today and see what happens.

 

I told myself that I would not come on here until this evening, this place is so addictive, and such nice helpful peeps.

 

Thank you for all you help, much appreciated, back later

[lookinforinfo]

Gizmo, I am not sure that we are talking about the same thing here about ccjs.

A ccj shows on ones file for six years. Thereafter, it is removed from ones

credit file. Once a ccj has been established, you will be unable to dispute that there is a debt but you can dispute the amount. And if the ccj is more than six years old then it may require an order from the Court to enforce the debt.

[nannamoon1]

Try this

 

Dear Sirs,

 

Re your claim xxxxx

Thankyou for your letter dated 14th February.

I am at a loss though to understand their contents. I have been assured that

no ccj has ever been applied to my debt. I would point out also that under

the Limitations Act 1980, that even had one been applied, it would have

expired some eight years ago. Under the Data Protection Act 1998, the

Sixth Principle states that no personal data should be kept longer than is necessary. So are you saying that you are in breach of that Principle, and if

not, then surely the original agreement should also be in existence.

 

I have asked you to comply with my CCA request. The Act does allow you

not to produce the documents if the debt has been satisfied s77[3]. No such

allowance is noted in the case of an expired ccj.

 

In any event, it has just come to my attention that I am able to challenge

the contract whether a ccj exists or not, and for that reason I do require

sight of the document.

 

Yours Faithfully,

 

...................

 

lookingforinfo

 

I am about to sent this letter you kindly drafted for me, is this one ok???

[PriorityOne]

Hi Nanna... I would use the word "account" in place of the word "debt".... I have never used the word "debt" in any correspondence, unless it was prefaced by the word "alleged".... but this is only a personal view.

 

[gizmo111]

Gizmo, I am not sure that we are talking about the same thing here about ccjs.

A ccj shows on ones file for six years. Thereafter, it is removed from ones

credit file. Once a ccj has been established, you will be unable to dispute that there is a debt but you can dispute the amount. And if the ccj is more than six years old then it may require an order from the Court to enforce the debt.

 

Absolutely correct, but here no one including the court have a record of the CCJ, I would test the DCA to see if they have a copy of it.

[lookinforinfo]

Nanna, I suggest you send this one in view of th fact that there was a ccj

applied.

 

Dear Sirs,

 

Re your claim xxxxx

Thankyou for your letter dated 14th February.

 

I have asked you to comply with my CCA request. The Act does allow you

not to produce the documents if the debt has been satisfied s77[3]. No such

allowance is noted in the case of a ccj that was applied over six years ago.

According to the Data Protection Act 1998, Principle 6 states that data

should be kept no longer than is necessary. I would ask that you provide proof of any ccj applied to my account, and if it was applied longer than six

years ago, on what grounds you are retaining this data.

 

In any event, it has just come to my attention that I am able to challenge

the contract whether a ccj exists or not, and for that reason I do require

sight of the document.

 

Yours Faithfully,

 

PS In answer to your question after ringing the Court, while they cannot

take you back and apply another ccj, they can take you back to apply

a charge on your house for instance.

[nannamoon1]

lookingforinfo,

 

Ok, the Solicitors GPB have already admitted they have no agreement, I would assume that they do not have any CCJ correspondence (I have sent the letter so we shall see) what proof do they have that there ever was a CCJ, as previously said I cannot remember if this ever went to court, although I did find something in the loft that may have suggested that it did go to court...but no court paperwork etc. how could they apply a charge on the house without a) the original agreement 2) no evidence that there was a CCJ.

 

would that really stand in front of the judge??? you tell me LOL;)

[gizmo111]

lookingforinfo,

 

Ok, the Solicitors GPB have already admitted they have no agreement, I would assume that they do not have any CCJ correspondence (I have sent the letter so we shall see) what proof do they have that there ever was a CCJ, as previously said I cannot remember if this ever went to court, although I did find something in the loft that may have suggested that it did go to court...but no court paperwork etc. how could they apply a charge on the house without a) the original agreement 2) no evidence that there was a CCJ.

 

would that really stand in front of the judge??? you tell me LOL;)

 

No it wouldn't stand in court - I would ask them to supply you details of the CCJ as you can't remeber ever going to court over this.

[nannamoon1]

Thanks Gizmo,

 

I have sent the letter asking for proof etc, & of course recorded

 

I will keep you informed of any progress, I have the other 2 debts with IJ, whom have wrote back o tell me they have no Agreement, they have been taking my money for 14 years with no agreement, they say in their letter that they have passed the a2 account back to the original creditors (I am of the opinion that these 2 debts were original bought from the creditors, in the letter it mentions that any Correspondence must be made to the creditors.....hang on here they have been taking my money and expect me to just go away....mmm I don't think so....I am just waiting for the 12 + the month. When I contact IJ what is stopping them saying they have no records of these accounts as they have said they are returning them..

 

Thanks for the advice, I do appreciate it.

[PriorityOne]

Hiya Nanna,

 

The other debts probably were bought, but they have told you to contact the original creditor because what else are they going to say ? If the 12 days and one month pass without any contact fom the original creditor... I would go after the DCAs for a refund.

[nannamoon1]

Nannamoon, I have amended the letter

 

Dear Sirs,

 

Re your claim xxxxx

Thankyou for your letter dated 14th February.

 

I have asked you to comply with my CCA request. The Act does allow you

not to produce the documents if the debt has been satisfied s77[3]. No such

allowance is noted in the case of an expired ccj.

 

In any event, it has just come to my attention that I am able to challenge

the contract whether a ccj exists or not, and for that reason I do require

sight of the document.

 

Yours Faithfully,

 

 

The matter that has just come to your attention is the case below where a lady successfully got her debt quashed because the amount of her loan had

been incorrectly entered on her contract. So you do need to see the agreement to ascertain that your agreeement is in order.

McGinn v Grangewood Securities Ltd. [2002] EWCA Civ 522 (23rd April, 2002)

 

Lookingforinfo

 

I sent the letter to GPB on 19 Feb and it was signed for on the 20th.

 

They have not replied, to the letter, now do I pay this months payment as we are not 100% sure if this debt was a CCJ or not.

 

For the last 14 years I have paid GPB through my bank with a payment book that GPB issue every so often.

 

14 years ago these DCA/Solicitors always issued payment books, I have just never bothered to change the payment to a S/O.

 

Of course they have failed to comply with the CCA the 12 days have passed but the one calender month has not expired yet, bearing in mind GPB replied to my CCA request within 48 hours, saying that the debt was a CCJ.

[lookinforinfo]

Nanna, lets assume you don't make this months payment, and there is a ccj

on the account. Big deal, what are they going to do? They can't apply another ccj, nor a default. And as they are now in default, they cannot

pursue you till the default is removed.

The situation is the same if they haven't applied a ccj. Until they furnish you

with the required documents, there is nothing they can do.

[nannamoon1]

Lookingforinfo,

 

Thanks for all your help, very much appreciated, I just cannot believe that I have been paying these Idiots for 14 years:(

 

I have a total of 4 debts from DCA that I have been paying for 14 years, 2 of them are from IJ whom sent me a cheque back for the fee, with a letter saying that they are sending the debt back to the original creditor (Do not believe that for one moment) Just waiting for the 30 days to expire.

 

The other one is with Credit Security, sent CCA via Recorded Delivery, it was never signed for, I did keep the recorded delivery slip, but I must have mislaid the post office receipt. I have sent another CCA request but this time Special Delivery they signed for that this week.

 

I will keep you updated, as I will probably need more advice.

 

My credit file does not show any of these 4 debts, so I have no issue with having to have anything removed.

[lookinforinfo]

Nanna, what a shame this site wasn't in existence all those years ago.

BTW they will have returned the debts, since they will know they cannot produce the documents in time. I wish I knew of the situation with this practice, since it means they have taken your money for all this time but

duck out before the crunch comes. And it may leave the original lender free

to assign the debt-though this time you will know what to do.

[nannamoon1]

Lookinforinfo

 

I wish this site had been in exsistence all those years ago LOL.

 

I was very young and petrified of these DCA, Once the 30 days are up could I send a SAR to IJ even tho they have sent 2 of the debts back tot he original creditor, I would love to know how much I have paid over the years and of course interest I assume, there are charges. Also would IJ have the SAR data as they have sent the debts back?

 

A question for you, (how do we know that IJ did not buy the debt) after all DCA will say anything, especially as they have been taking my money with out having the paper work. assuming IJ have sent the debts back to the original creditors, would they have any correspondence relating to the debts LOL.

[ODC]

Subscribing

[lookinforinfo]

IJ would have to keep your data for six years. Not sure that you should

put yourself through the pain of finding out how much you have paid them.

Haven't you given them enough money? And you cannot reclaim the money.

Best just to heave a sigh of relief and move on. Easy to say, I know. More

difficult in practice. Just let the extra money in your pocket give you a warm

glow and may it help to wipe away the bad feelings.

[nannamoon1]

lookingforinfo

 

I was not looking to claim refund (although I would not mind giving it a go) just thought I may be able to claim back any charges, penalties etc. I do not think I have EVER had a statement from them in fact I know that I haven't.

 

I am curious as to:

 

1) Why can't a debtor get a refund, surely if a DCA cannot provide the relevent documents then they have been taking your your money illegally?

 

Has there been anyone successfully claim a refund from the CAG?

 

What would happen if a debtor asked for a refund & then went down the usual channels, preliminary, LBA etc....would a judge not award the refund due to there being no credit agreement, and would the judge not award the DCA to pay the charges etc.....

 

I just cannot get my head around the fact that these Idiots can get away with what they like, when they like. I know my case is perhaps a little unusual due to the debts being 14 years old, but what about these peeps on here that DCA have been taking there money without the relevant documents, it does seem to appear one rule for debtors and another for DCA.

 

I really would love to challenge a DCA would like to make them squirm, as previously said I was young, niave and vulnerable, when these debt occurred.