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Just wondering if they have applied for the first (i assume)CCJ to be set aside, and a new claim to be issued to the correct address won't that mean you get a chance to go to court to dispute things? I can't see how they can say the original claim was at the wrong address, so you wouldn't have seen it and then just get the court to reissue the CCJ to a different address. Won't they have to reapply for the CCJ, which then gives you a chance to defend it.Perhaps someone with more knowledge can confirm this. You could then get the court to look at the issue of whether this is statue barred and also there is a high court judgement which supports the fact that no correct agreement=no enforceable debt. Hopefully a mod will be along to clarify.

good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Hi bracken42 ,

 

Yes, 1st credit follow my thread avidly :rolleyes:

 

The DCA cannot enforce the CCA (if they have one) without going back to court and a judge would not be happy if they do have one and have not complied with your request...

 

Don't know about point 3 sorry...

 

Someone correct me if I'm wrong please :)

 

Good luck and best wishes,

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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They do acknowledge that the claim form was issued to my work address in error and has no been recitifed. They have instructed the court to set it aside and the judgement to be re-entered to the correct address and the judgement will be sent to me in due course.

And they should be thoroughly ashamed for the trouble they've caused by their own admission and neglectful actions. Are they going to write to your work now and apologise for breaching the OFT's debt collection guidelines ( 2.6( j ) to be precise) AND section 40(a) of the Administration of Justice Act 1970? (i'll bet not)

 

They also say my comments about Mr R Jo***hnson were unfair!!!! "we feel that there was no need for you to put his full name on the website. His job is to advise you of the best way to deal with this debt. Mr J**** was disappointed with your comments as he felt that he was trying to sort this out with you in an amiable basis"

Mr J***son's job is actually to get the best result for his employer, you don't even enter the equation in the first instance . If Mr J***son was actually advising you in a professional capacity you'ld be paying him for his time, and handsomely too I imagine!!!

 

The time when us flat capped yokels bowed to well spoken solicitors has long gone. I think somebody needs to have a read of this thread...:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/90012-just-been-court-cl.html

 

;) AND JUST IN CASE ANYONE FROM RUTHERFORDS IS READING - HAVE A GOOD AFTERNOON

And so say all of us! wave.gifyipee.gif

 

Hope everything's ok at work now btw...?

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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BORN FREE FOUNDATION

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i have sent you a pm. due to the circumstances involved i would prefer to talk to you via that medium, please get back to me and i'll do my utmost to assist you.

 

seq.

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Good on you Seq. :)

 

(Don't forget about them opening your mail at work Bracken42)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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I cannot attend the Court in question as its in London so I will have to fill in the paperwork

 

Dont worry about this, if they do reissue the claim and you defend, it will be moved to the nearest court to you.

It is them who will be doing the travelling.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Just sing them the ditty of the statute barred song :

 

my my my debt collectors makes me laugh so hard, makes me cry ohhh maah lawd

break it down

cant touch me

I told you Home boy

cant touch me

Here, let me bust the funky lyrics

You can't touch me.

 

ps . I dont care if the dca chasing me know who I am and are watching , I laugh at your puny efforts and throw rotten potato peelings at you and point scornfully at your futile attempts to extract moneys from me .

 

Your default in 2005 . Is this the date the dca entered it ? They have a responsibilty to enter a default within a reasonable timeframe, that is within 3 months of your non payment and so towards to the account. They can't go issuing defaults willy nilly at any time they like . Get a credit report anyway, from experian, these people are probably just lying to you about the 2005 default . Get your report anyway to know where you stand on these 'supposed' defaults' . Will cost you £2.00

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How do they know it's you on here? Did you tell them your username or something?

Sometimes they can work it out from your personal circumstances e.g. by discussing whatever nastiness the DCA has been up to on any given day.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Or by what nastiness you have done to them . But I cannot help myself. I love to torment them, they are pre-built for torment aren't they ? They have this simple singular path they follow , they are only dregs of society that cannot get a decent job .. they follow their little path dictated on the computer screen, and it is just a pre formatted conversation really, you can annoy them at every stage, and i love it. I do owe robinson way a debt in a way , a debt of gratitute for the fun i've had .

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No nothing like that Grrr, but if you look at the "Currently Active Users Viewing This Thread" which is below the quick reply box you'll notice that sometimes there are rather a lot of guests on the site, particularly in the Debt subforums.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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And furthermore , the attention of DCA's fufils a function that was erstwhile never available. They are a training ground. They are there to get you to distrust every unknown caller , to question the motive of any un named entity that may call you . And this is a valuable trait in this day and age with identity theft and cold call sellers . The DCA callers are mere pawns , but what they represent is a junior school lesson in how to avoid contact with the ilk of these type of people.

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No nothing like that Grrr, but if you look at the "Currently Active Users Viewing This Thread" which is below the quick reply box you'll notice that sometimes there are rather a lot of guests on the site, particularly in the Debt subforums.
Commonly known as the Men In Black. A few of them post Spurious comments on here from time to time but just keep coming up with the same crap that is RAMed down their throats that is indoctrinated into them in the Monkey Training School. They learn more about the CCA and OFT regulations than their employers know or chose to tell them. It must sadden their hearts to see the knowledge thnat is freely available on this forum. It gladdens my heart to know that some of them even talk to their so called debtors about certain members on this board. I could single out a few of my particular friends but feel this would be unfair to those DCAs who have not felt my full wrath yet

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I confess that I too enjoy winding them up. One particular pleasure is to always answer a question with another question, e.g. they ask when are you going to pay, so I ask how he spells his name, and so on. Another one that really winds them up is to treat them like children, telling them (in a patronising tone) not to interrupt when I'm speaking.

 

Staying icily calm, polite and matter-of-fact in the face of their hectoring works well too. Using the broken record technique, I simply repeat whatever my point is, no matter what they say. Never fails.

 

If they want me to answer their questions, they have to answer mine first, and this will let me control the conversation and lead them towards talking about themselves (I'm a trained counsellor, so this is quite easy). They hide behind their anonymity and scripts - get them off topic and ask about themselves and their lives, and they find it increasingly difficult to be impersonal and bullying, as they have revealed their weakness.

 

Do you still hear the lambs, Clarice...

 

Incidentally, the solicitor's letter tells us something about them. Look at this sentence:

 

We have seen your comments on the consumer action website and have to advise you that you have been given the wrong information

 

I'm surprised the writer didn't add 'so there' (in crayon), at the end. The purpose of this is, of course, to let you know that they think they know all about what you are doing, and that they think they are cleverer than you. Far better, one would have thought, to keep the fact that they monitor this site and have identified you, to themselves. What's more, since you aren't their client, why are they giving you unsolicited advice? They clearly couldn't resist it, however, and in doing so have revealed themselves as immature and unprofessional.

 

we feel that there was no need for you to put his full name on the website. His job is to advise you of the best way to deal with this debt. Mr J**** was disappointed with your comments as he felt that he was trying to sort this out with you in an amiable basis

 

Interesting, and even more telling. Are they seriously suggesting that this letter really comes from solicitors? Firstly, it's incorrect as to fact; as has already been pointed out, you are not their client, and Mr J works for the other side. If he really is working for you, he's incompetent. Secondly, solicitors work within an adversarial system, and nothing we have seen so far shows that this unsavoury bunch are any different. Lastly, unless it's a secret that Mr J works there (and one can imagine why he may not wish it to be known), and he hasn't said anything to the contrary, why shouldn't you publish his name (unless board rules forbid it)?

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After reading the info on here (and looking at the "Current Active Viewers" box) it has made me a little uncomfortable as if we can register on this site, so can the DCAs - I would be extremely wary now of giving too much information - especially on private messages, you could be talking to the "Men In Black" and not know;)

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Absolutely agree.

How about only being able to PM the moderators? What do you think?

Of course we still need to be circumspect with our comments in open forum.

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I was always wary and felt uncomfortable posting too much information.

Providing not too much detail is given, taking into account how many cases DCAs deal with on a daily basis, it would be difficult to pinpoint who you really are.

 

In the case highlighted in this thread, there are lots of individual circumstances which have helped the DCA to identify the poster.

 

I would also be wary of PMs from newer members at first but will admit to using this method of communication myself (because of paranoia re DCAs reading a thread)

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Commonly known as the Men In Black. A few of them post Spurious comments on here from time to time but just keep coming up with the same crap that is RAMed down their throats that is indoctrinated into them in the Monkey Training School. They learn more about the CCA and OFT regulations than their employers know or chose to tell them. It must sadden their hearts to see the knowledge thnat is freely available on this forum. It gladdens my heart to know that some of them even talk to their so called debtors about certain members on this board. I could single out a few of my particular friends but feel this would be unfair to those DCAs who have not felt my full wrath yet

 

Frankly, I tend to make sure they know I am a member of the Consumer Action Group, and am entirely happy to let them know what member I am on it.

 

If they want to take me on, they should know that I have access to half a dozen lawyers, legal advice both on and off the forum, and a very good grasp of consumer credit law, Data protection law, Contract law, civil procedure rules and applicable criminal law.

 

I am ready for you, DCA's. Come and get me, if you think you are hard enough.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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;) AND JUST IN CASE ANYONE FROM RUTHERFORDS IS READING - HAVE A GOOD AFTERNOON

 

lol!!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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