Solicitors Letter Received

[nannamoon1]

I have just received this letter from GPB Solicitors, after requesting the CCA, although the 12 days are not up until tomorrow, can anyone advise if I should write back. i am not sure if the debt was brought from Next in 1993 or the Solicitors are just acting on behalf of Next.

 

Dear Madam,

 

Re: Claim number XXXXX

 

Thank you for your letter dated 7th February, with enclosed Postal Order in the sum of £1.00.

 

We will ask our clients if they still hold a copy of the Agreement you refer to but must point out that your contractual liability has been embodied in a judgment since 16th November 1993 and it is unlikely that our Clients will hold any documentation after this length of time.

 

 

Yours faithfully

 

Geoffrey Parker Bourne

 

This debt was never taken to court, as I ran GPB just before I sent the CCA as I wanted to make sure.

 

Can anyone help please

[djweeble]

Write to GPB asking for full details of the CCJ they alledge was obtained against you, and see what they come up with.

[lookinforinfo]

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,

 

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

[nannamoon1]

lookinforinfo

 

I have been in the loft as I wanted to wade through some old paper work & it does appear that the debt is a CCJ:eek: I have been paying £7.00 a month.

 

Now do I still send the above letter?

 

I have 4 debts that date back to 1992/3 these were the result of a marriage break up. I will be up in the sky before these are finished lol they are never going to clear. I cannot believe that I have been paying them regularly for the last 15 or so years The other 3 are with IJ & CSL and are not CCJ's I did ring them up, must of thought I rang GPB but obviously didn't.

[lookinforinfo]

No don't send the letter yet. Are you saying that you are still paying £7

a month?

[nannamoon1]

lookingforinfo,

 

Yes I am still paying £7 monthly, this debt is so old I cannot remember much about it, all that I know is I have been paying £7 to GPB for the last 14 years LOL, I have no CCJ paper work, I found an old debt book in the loft which then told me it was a CCJ:eek: Of course as this is so old I have a clear credit history, I know that CCJ's can be enforced and obviously this would mean an entry on my credit file. please advise?

 

On to another 2 of these debts I received 2 letters this morning from Intrum Justitia in response to my CCA (these 2 are not CCJ's I double checked with IJ yesterday) this was there response.

 

Dear XXXX

 

Thank you for your recent communication.

 

Unfortunatly we are unale to provide you with the Information that you have requested and in the light of the Information contained in your letter, I can confirm that the above account has been returned to Great Universal Stores and that you will receive no further telephone calls or correspondence from Intrum Justita in relation to this account. Any further enquires you may have with regards to your requests, must be forwarded directly to Great Universal Stores.

 

A cheque for the £1.00 fee you enclosed for the requested information will be returned to you under separate cover.

 

If you require any further assistance, please do not hesitate to contact 0151 472 7103.

 

Yours sincerely

 

xxxxxxx

Business Support Manager

 

Where do I go from here, They have been taken my money for 14 years and do not have to seems never had the Credit Agreement. (I have 2 of these letters as I have 2 accounts with them)

 

Help Please on both GPB & IJ

[falcon185]

WOW!!! 14yrs at £7.00 per month equates to £1176.00. How much was the original debt???

I would consider sending them an S.A.R. dont forget the £10.00 fee, send recorded as always, although I'm not sure if the 6 yr rule applies with this but ask for ALL documents and statements right back to the beginning and see what they come up with, you may have been paying when you didnt need to and you might be able to claim something back, thats probably why they have sent you the letter from their "In house" solicitors to make it look more official? Worth a shot?

[nannamoon1]

Falcon the £7 debt is regarding the first paragraph regarding Geoffrey Parker Bourne and I sent a CCA to them and they sent a letter back (reply in thread)

Did not realize that this debt was a CCJ and waiting for someone to come along and give me some advice.

 

There are 2 other debts going back 14 years as well both with Intrum Justitia I sent them a CCA and the reply came today, see above. These debts are from a marriage break up - the £7 debt for your info. LOL still owes over £1,200 approx I will be high in the sky by the time this GPB CCJ debt ends;)

[falcon185]

As that debt has a CCJ I would continue paying it, the other two seem to be statute barred if they arent CCJ's on those accounts and you havent received any correspondence or made payments on them in the past 6 yrs. If you receive any further letters in relation to the other two that dont have CCJ's I would then write to them informing them that they are Statute Barred. So long as you keep up your payments on the CCJ they cannot adjust or ask you to pay more than your already paying without applying to the court but if your circumstances are still the same then the Judge wouldnt increase it, I doubt they will try that though. Hope that helps in some way.

[nannamoon1]

Falcon,

 

Sorry I forgot to mention that the other 2 I have been paying for 14 years as well LOL I sent a CCA to IJ and the reply is above.....that I received this morning, I have been paying them around £5 between them, but I thought IJ bought these debts but it appears not according to their letter. I can action IJ have a read of the letter and let me have your thoughts.

 

Thanks

[falcon185]

Ok, so they cannot comply to your CCA request, if its gone over the 12 days (+2 for post ) I would personally speaking, not make any further payments, I would then send an S.A.R. to Great Universal asking for copies of ALL documents and statements they hold in relation to your account, or just sit tight and wait for them to contact you and see what they say first? Then again, you might hear nothing, silence is golden as the saying goes ;-)

[nannamoon1]

Just been reading through some of the debt threads, please correct me if I am wrong, but as Intrum Justitia do not have a copy of the Agreement, surely they have been taking my money illegally for the last 14 years, is there a letter to send stating that they had no right to collect the Debt on behalf of Great Universal & Gratton (I have 2 debts with them) without the Agreement.

 

Where do I stand though as they have now returned the debts back to Gratton & Great Universal (as per their letter above)

 

Any help would be much appreciated

[PriorityOne]

Just been reading through some of the debt threads, please correct me if I am wrong, but as Intrum Justitia do not have a copy of the Agreement, surely they have been taking my money illegally for the last 14 years, is there a letter to send stating that they had no right to collect the Debt on behalf of Great Universal & Gratton (I have 2 debts with them) without the Agreement.

 

 

Yes, I would agree with you. I have a similar scenario with Moorcroft, who have been taking payments for 4 years. The criminal offence element of their CCA default kicks in on Monday... at which point, I will send a letter inviting them to comply with my request for a refund. If not, they will get an SAR... and then proceed through the legal channels.

 

[nannamoon1]

Priority,

 

As per the letter that I received from IJ today, (the 12 days are not quite up yet) they state that they are going to return the debts to Gratton & Great Universal, & return my £1 via a cheque.

 

Now as IJ have written to me before the 12 day is up does this mean they are not liable to produce the Agreement, even tho they have been taking my money for 14 years, I have no Idea how much I have paid them back, or do they still have to comply with my request regardless.

 

where do I stand also the fact that they are now returning the debt.

 

Am I now able to write to IJ and inform them that they had no right to collect a debt for the last 14 years and demand they pay the money back? If so how on earth would I know how much to ask for? Also would I be able to claim Interest? LOL

 

I am going to take this all the way as I remember that they made my life hell.

 

Let me know how you get on, yours is a very similar case.

[PriorityOne]

Priority,

 

As per the letter that I received from IJ today, (the 12 days are not quite up yet) they state that they are going to return the debts to Gratton & Great Universal, & return my £1 via a cheque.

 

Now as IJ have written to me before the 12 day is up does this mean they are not liable to produce the Agreement, even tho they have been taking my money for 14 years, I have no Idea how much I have paid them back, or do they still have to comply with my request regardless.

 

where do I stand also the fact that they are now returning the debt.

 

Am I now able to write to IJ and inform them that they had no right to collect a debt for the last 14 years and demand they pay the money back? If so how on earth would I know how much to ask for? Also would I be able to claim Interest? LOL

 

I am going to take this all the way as I remember that they made my life hell.

 

Let me know how you get on, yours is a very similar case.

 

Yes, they are still obliged to comply with your request, whether they choose to return your cheque or not. The fact that they are returning it to Grattan and GU indicates that they haven't got it and can't comply. They could be telling porkies and not be returning the account at all.... so, if you get nothing back from Grattan/GU, then you will know that they probably were.

 

Although mine defaulted after 12 days, I have chosen to wait the extra calendar month for them to also commit a criminal offence in not complying. That way, they have had ample time in which to locate the CCA.. and have broken the law as well

 

If you hear nothing from Grattan/GU after the 12 working day default + one calendar month, I would then send an SAR to IJ to find out how much they have collected from you over 14 years, reminding them of their legal obligations, etc. However, if Grattan/GU do contact you, then that scenario won't apply.

 

I don't want to get your hopes up.... so wait and see what happens.

 

[lookinforinfo]

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)

[nannamoon1]

I will wait the 12 plus the month, but just was not sure as they are returning the £1 and assuming they are telling the truth returning them to G & GU.

 

Do I have to send a CCA to GU & G as well or the one that I have sent IJ counts as IJ are the DCA. Just looked at teh letter and it gives no indication that they have requested the Agreement from GU or G just that they are returning them.

 

I am of the same opinion as you I do not think they are going to return them, I think if I remember IJ bought the debt, In fact I have not long had a letter from IJ asking if I would like a reduction to settle;)

[nannamoon1]

lookingforinfo,

 

I will send that letter of to Geoffrey Parker Bourne tomorrow, they have already admitted they do not have the Agreement, but as this is a CCJ would they not have had to keep it even tho the CCJ is around 14 years ago LOL

[PriorityOne]

In my experience, the words "truth" and "DCA" do not usually go together....lol. I wouldn't worry about sending a CCA to Grattan/GU....

 

Send the SAR to IJ after the full 43/44 days (default + calendar month).

 

I will let you know how I get on with mine.... but I am not expecting it to be easy. Nothing about trying to get your life back is easy...

[nannamoon1]

I have no doubt that it will be easy, but there are plenty of peeps on here like yourself that are more than willing to help and guide you through the process to the end.

 

I am always come on here, there is just so much information, I thought that I was reasonably knowledgeable about life until I found this site, but it seems I am only a small fry.

 

I have not started to claim my bank charges back yet although they are only £40 - £50 over the 6 years, but I am going to claim, somebody told me on here they claimed back £65

[PriorityOne]

I have no doubt that it will be easy, but there are plenty of peeps on here like yourself that are more than willing to help and guide you through the process to the end.

 

I am always come on here, there is just so much information, I thought that I was reasonably knowledgeable about life until I found this site, but it seems I am only a small fry.

 

I have not started to claim my bank charges back yet although they are only £40 - £50 over the 6 years, but I am going to claim, somebody told me on here they claimed back £65

 

 

It is an addictive site !!... and it's a relief that we are all here for one another. I spent too many years feeling very alone with all my financial burdens, but they are slowly melting away. Thank you for the rep. and good luck with the bank charges.

 

[nannamoon1]

Pleasure,

pm me to let me know how things are going & I will keep you up to date.

 

I was very young when I fell into debt & I did learn my lesson, I was petrified at the time, thought that you could go to prison LOL

[PriorityOne]

Pleasure,

pm me to let me know how things are going & I will keep you up to date.

 

I was very young when I fell into debt & I did learn my lesson, I was petrified at the time, thought that you could go to prison LOL

 

I will keep you posted .... Debt is incredibly stressful. I used to say I would be dead before getting out of debt (not any more though ).

[gizmo111]

There is no such thing as an expired CCJ - it is either satisfied or current.

 

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)

[lookinforinfo]

There is no such thing as an expired CCJ - it is either satisfied or current.

 

 

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