mum - horwich and farrelly CCJ for "evans" store card

[meg&mog]

hi all

 

i am posting today for my mum who has a account with horwich and farrelly solicitors

 

they have the same address as robinson way

 

so am i right in thinking they are their in house solicitors?

 

anyway from what she can remember she has been paying these ppl since 2003 at £10 per month

she has given me a few letters from them but obviously there are blanks in the timeline from

 

this debt is origanally for a "evans" store card

 

the credit limit was £300 the first dated letter i have is the 2/12/05 t

he balance then was £641.96 in time

 

they have obtained a ccj however this was for £125 after which they wanted my mum to get back in touch

 

after this 125 was paid she recieved a letter saying please continue to pay 10 per mth

 

i have the odd letter betwwen the dates 2/12/05 and 21/02/07 the balance on the 05 date was 641.96 the balance on the 07 date is 487.46 in that time she has missed 2 payments both times they have taken her back to court on the court order they got for 125 which was paid off would this order still be enforceable? also the first time she was taken back to court she had to pay 88.00 approx and the second time she had to pay 77.25 we dont know wether these amounts have or would come off the balance are they court costs? also can we do anything now? my mum is now on a pension and 10 per month is alot of money i tried to ask them to accept 2.50 per week which is 10 per month but that letter resulted in the second time they took her back to court they also insist she pays on the 15th of every month not a day later however they take 2 weeks to cash the cheque i hope this all makes sence please help if you can thanks

[meg&mog]

hi

 

 

just wanted to add to this i emailed this company and asked for a balance and list of payments made and they have ignored me does the court judgement they have stop me doing anything?

[stroke a badger]

M&M

 

First of all I would send a SAR and request statements going back to when the account was taken over by the Solicitors, this way you'll be able to see what payments have been made and more importantly what charges have been applied.

 

A template letter can be found at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[meg&mog]

hi all

 

 

I just wanted a little more help regarding this matter i had some good advice from other posts about sending a sar which i have prepared its good friday today so i will post tomorrow first thing:cry: ,i just wanted to know if my mum got all her statements and everything back and there was a mistake or they were "ripping" her off what could be done in regards to the court judgement that is on this account:| would my mum have to go to court? or could it be done by post? or would they be scared enough by us asking for the sars to get in touch with a solution? before i am told to look around the site i have till my head spins lol:p and i can not find anything that may answer hope some of you great people can help thanks

[meg&mog]

hey everyone,

 

I have just sent a sars recorded delivery to these people would like a breakdown of where this money is going i am hoping that since they ignored my email it means something aint right and they will be a little put out when they recieve that sars even if payments are all legite we could go about claiming charges back this was a store card bound to be charges anywho as ever i will keep you all posted

 

i wish you all luck with everyone you are fighting:-D

[meg&mog]

hi all

 

Just a update i have,nt added to this for a while

 

sent a s.a.r to these on 7.7.07 had no acknowledgement of asking for it or anything they cashed the cheque on 13.4.07 still heard nothing also sent cca request(done things a bit the wrong way round because of the ccj)lol anyway sent cca on 13.4.07 cashed on 20.4.07 no acknowledge there either also in between sent the agreed monthly payment of £10 that HAS,NT been cashed yet my mum recieved a letter this morning thanking her for her payment of £1 so they took cca request off balance had no letter regarding the sars cheque not sure what they done with that

 

anyway just wait and see what happens here

 

thanks for reading:)

[tiglet]

Hi meg&mog

 

You may already know this, but although tehy are legally obliged to provide the CCA, the debt ahs already been "enforced" through the courts and so the debt could not be written off on grounds of non-compliance.

[meg&mog]

hi tiglet

 

yeah i had a feeling that may be the case but the court only issued a judgement for £100.25 the judge sed he was "satisfied the defendant could not pay" thats wat confuses me

 

i,m sure we will find out in the long run i am not gonna let her stop paying thats for sure

 

thanks:)

[rosemaryednam]

Hi I have got dealings with horwich farrelly. Just wondering how you got on?

[meg&mog]

hi rosemary

 

we are not much more forward to be honest they sent some s.a.r stuff but not all so i had to write back to them it all got a bit complicated and i asked my brother to take a look i will go over the paper work and update with a bit more detail soon

 

good luck with yours

[Percival Wigglesbottom]

It looks to me like your mum paid everything asked of her by the ccj ( the £125). The money they are adding on now doesn't seem to be a part of that ruling, it better not either if they are adding charges.

 

So you can S.A.R - (Subject Access Request) and CCA them because what they are asking you to pay is not what the judge decreed your mum ought to pay , she's already paid that in full. I reckon what they are doing is illegal , but im not an expert.. maybe someone can answer that . Seems to me they didnt quite get the ruling they wanted , ie judge saying only pay £125, so they thought they'd try and and get you to pay more by bamboozling you after the ccj was paid to pay for the remainder , and this remainder is what they have been laying the charges heavy upon ever since.. since 2003!!. I don't think they can go back to the original order if your mum paid that up in full . I think once your mum paid off the original £125 that the court decreed, they thought they'd chance their arm and see if she'd pay the rest if they asked . Once she did , they then got heavy on it demanding when and how much and adding chargese like confetti.

 

On these second and third court charges, did you actually get any court papers ? Or did they just say you owed them these extra court charges on one of their letters ? This is the reason people hate DCA and their solicitors, cases like this. It's a disgrace .

 

I'd give these people a call and explain it to them ..

 

National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

0808 808 4000

 

And/or go and see the CAB and take the letters and SAR with you. How long now with no CCA ? Id stop paying these charlatans.

 

People will advise here too, but it does sound illegal to me . Horwich Farrelly Solicitors eh ... hmm, maybe the law society would like to know of their sharp practices .

 

I hope someone does confirm it is illegal, I'd love to see sharks like these Horwich Farrelly struck off .

[col123]

Hi im in same boat really,they ignored my request for statement of account,i just got a letter saying they no longer dealing with it,then i SAR,d them they have 9 days left to respond they cashed the cheque immediately but i wont hold my breath to hear anything from them,they kept putting charges on account blaming united utilities,however i have proof from uu that no charges have been added by them ever ,not sure what my next step will be i just have to sit tight for now,but i wont let this drop,feel free to visit my thread and see how i get on,good luck to you x

[Percival Wigglesbottom]

Still got a good letter on my clipboard , so you should use it too

 

When the 40 days are up, send this :

 

 

send it to :

 

Hayley Felton

Complaints and compliance manager

London Scottish House

Mount Street

Manchester M2 3LS

 

ACCOUNT NUMBER XXXXXXXX

 

I sent a letter and £10 cheque on the [insert date of first request] for a Subject Access Request as is my right under the Data Protection Act. I have been expecting copies of my statements within the 40 days stipulated under the D.P.A. As yet I have not received any correspondence from you. It is your legal obligation to comply with this request .

 

By not supplying the information I requested, you have breached my rights under the D.P.A. section 5. You leave me with no alternative that if I do not receive the requested information within the next seven days, I will forward copies of my requests to the Information Commissioner. Please note, failure to comply and you will be in breach of the Sixth Data Protection Principle and liable to compensation to myself together with a fine of up to £5000.

 

Any further protractions on your part in this matter and a formal request to the data protection supervisor will be made to undertake an assessment of the information you have on my behalf.

 

I look forward to your timely response.

 

Find enclosed a copy of my original letter.

 

Thats a wicked Letter isn't it ? You could take out ' Any further protractions.. ' etc to make it slightly less nasty if you wanted . But it is fun to write to them in this way. Its theraputic .

[meg&mog]

hi all

 

thank you all so much for your helpful replies it has been a month or 2 since i last posted about this and my mum is still paying them i have written loads of times asking for statement of account i sent a s.a.r. request all i got was statements from evans(this was a store card) all of when the card was in use not after they don,t reply to emails letters or anything i think the person above who mentioned c.a.b may be right but also i was thinking of sending a copy of the letter where the judge awards a judgement for £100.25 and then goes on to say the defendant can not pay so i am thinking of sending a copy of that with a letter saying you have ignored all letters emails i(on behalf of my mum) believe i have paid this judgement therefore all payments are now going to stop see what they do

 

does anyone think i should try this?

 

thanks again everyone

[Percival Wigglesbottom]

I dont get this bit :

 

sent a s.a.r to these on 7.7.07 had no acknowledgement of asking for it or anything they cashed the cheque on 13.4.07. . But your post is on 23/ april.. so 7.7.07 is wrong.. yes ?

well, just taking the day you posted as day you sent is .. thats over 3 months, well over the 40 days .

 

If you have requested the S.A.R - (Subject Access Request) several times in the past 3 months and no response, they are not taking it seriously and its time to bypass these clowns entirely now. Refer it to the information commissioner , request that the data protection supervisor undertakes an assessment of the data for you. He has to comply by law. Dont send that letter about what the judge said to Horwich Farrelly. They dont know what you know or suspect is wrong with their accounts. You send them that and they are forewarned of where to misplace a bit of data. No, forget them now . Only get fobbed off and lied to. Off to the Information commissioner for you now . You have given these people enough chances. The data controller you need assessing is : Registration Number: Z5395499

 

Information Commissioner's Office - ICO

 

 

 

You could stop payments under the cca request, after 12 days. Stop payments that way for now .

 

---------

 

send this to RW&c

 

By Special Delivery

 

Dear Sir/Madam

 

Without Prejudice

 

Re:- Account/Reference Number xxxxxxxxx

 

No debt is acknowledged to you, or any other person or organisation you represent.

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 s.78 (1), s.77 (1) for fixed sum credit we are entitled to receive a copy of our credit agreement on request. Your obligation also extends to providing a statement of account. We enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx which represents the fee payable under the Consumer Credit Act.

 

This is , you will appreciate, a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Please note, the enclosed payment is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is neither acknowledgement of nor token payment toward alleged debt.

 

Copies of all correspondence and attached payments enclosed have been made by myself and will be produced in court should you attempt to claim payment enclosed is admission of alleged debt.

 

We look forward to hearing from you.

 

Yours faithfully

 

your name

----

 

Don't use your ordinary signature to sign any letters . Or just dont sign at all. Use a crossed postal order, not a cheque . Use the £4.30 special delivery post service. Photocopy your letter and your PO . Staple PO to letter .2 visits are needed to post office , 1 to get the PO, second to post after photocopying.

 

------

[meg&mog]

hi perc

 

yeah 7.7.07 was wrong lol sorry about that

[vandermerwe]

Hi folks

 

Just thought you might like to know Horwich Farrelly appear to have been fired by their 'client' Robinson Way, in turn part of London Scottish Bank which shows signs of being in something of a rocky northern position.

 

Vandermerwe