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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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1st credit and first direct


becky75
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so today i got a letter from 1st credit dated 24/7

 

dear becky - hope ur well! (no not really lol!)

 

I refer to your request asking 1st credit to provide you with a copy of the relevent agreement.

 

we will shortly be advising our client of your request. This document will be sent to you as soon as possible. This process may take at least one month.

 

Once you have received a copy of this agreement we would expect you to contact this office immediately to arrange settlement of this debt.

 

Please call this office should you wish to discuss this matter

 

admin

 

 

have called my dmc to advise- i'm stll paying them and she offered to send out all this cca and sra letters to my debtors - surley they should have done that A LONG time ago ................................. told her i've found the CAG ! ............. they know best x can sort myself now cause i'm on a mission lol!

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With regards to credit agreements you now just wait to see what they come up with. If after 12orking days from receipt of your request they still haven't supplied a copy of the agreement then you can withhold all payment until they do.

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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Hya Becky

L.M.A.O i have just received the same letter today ha ha .They have also said on my letter {This process may take at least one month and we therefore confirm no action will be taken while this is been obtained}. As we are aware they cannot proceed with debt collection without this paperwork....

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yay jackarl ! wonder if they had mine on the printer same time as urs lol!!!!!!! - didn't ave that extra bit on mine tho! .... oh well!

 

RORY32 thanks so much thought had to give them extra grace for telling me be 30 days!;)

 

wonder what my DMC will ave to say.................

 

thanx again x

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keep us updated.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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  • 2 months later...

hi all i'm back!!

 

so todays 2/10/07 and still not heard anything from first credit !!! DMC were still paying them £17.00 per month - so now i haven't got to pay them right ? cause they not complied with my request.

 

Do i need to write and advise them not paying?

 

thanx x

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They are in default of your CCA so you can legally stop all payments.

No need to write to then as they know the law.

WAIT until they demand payment before you do anything else.

Be VERY careful whose advice you listen too

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don't suppose i can ask for my money back then ?

No not really.

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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  • 2 weeks later...

HEY GUYS!

 

GOT A LETTER FROM 1ST CREDIT TODAY!

 

TITLED OFFER REFUSED

 

IT GOES.......

 

WE are unwilling to accept the offer ecetly made as an agreed repayment plan as we do not consider it to be a reasonable offer.

 

PLease call this office if you are willing to increase the instalment you are prepared to pay.

 

Any monies sent to 1st credit will of course be bnked and allocated to the relevant account.

 

Should you wish to discuss this matter please call the office

 

Please note that we may have authority to offer you a vey generous discount for a prompt 'full and final' payment.

 

Upon receipt and clearance of funds the relevant credit bureaux would be advised of this payment and your credit records for this debt updated to 'satisfied'

 

I HAVE BEEN PAYING THESE 'PEOPLE' 17 QUID A MONTH FOR THE PAST YEAR! THROUGH MY DMC .............. I AM HOWEVER GOING IT ALONE FROM NOW ON BECAUSE NO CCA YET AND DMC NOT PRODUCED ANY STAEMENTS FOR ME ALTHOUGH HAVE WRITTEN TO REQUEST AND TELEPHONED (NO DOUBT WILL CALL ME WHEN NOTICE I NOT GIVNG THEM MONEY)

 

I DONT EVEN HAVE TO PAY 1ST CREDIT ANY MORE DO I ?

 

BE INTERESTED ON YOUR COMMENTS

 

X

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Ohhhhhhhhh ! And Just Got To Say Sooooo Happy!!!!! The Other Half Had Captial One Chasing Some Money And Went To Lowell Financial - I Cca'd Them And Just Had Letter Back Saying Heres Copy And Ur Account Is Now Satisfied!!!!!! So They Wrote Off £156.00 Would Never Have Been Able To Do Without Everyones Help Thanx So Much!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Donation On Its Way X

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Brilliant news Becky. Very well done :D

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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I DONT EVEN HAVE TO PAY 1ST CREDIT ANY MORE DO I ?

 

As it currently stands no you don't need to pay them. It is up to them to substantiate any debt. They have failed to do this.

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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The letters pretty meaningless, just standard rubbish. These letters usually arrive because the computer says it's time to send it.

  • Haha 1

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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If you wish you can stop payments as 1st credit are in default of your CCA request. If they've committed a summary criminal offence, ie. past the 12 + 2 plus 30 calender days, report to Trading Standards ASAP.

 

Here's the link:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

EEK!!! They have a 'computer says so' thingy lol...

 

Good luck and best wishes,

 

BB

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  • 5 weeks later...

I'm baccccck!

 

Had another lovely letter today - aren't i lucky !!!

 

It reads;

 

REquest for copy statement (that i asked for in july)

 

WE refer to your recent communication requesting a copy of the relevant agreement.

 

We will shortly be advising our client of your request and the document will be sent to you as soon as possible. This process may take at least 6-8 weeks.

 

Should your request also include the below documents, please be advised of the following:

 

Deed of assignment - we would refer you to section 136 of law of property act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the deed itself.

 

Copy statements - there is a charge of £10.00 for this information.

 

On receipt of the copy agreement we would expect you to contact this office to arrange settlement of the debt.

 

PLease call this office should you wish to discuss this matter.

 

Any thoughts ??

 

Thanx x

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Copy statements - there is a charge of £10.00 for this information.

I assume they are refering to the statement of account which is free.

 

Deed of assignment - we would refer you to section 136 of law of property act 1925

The LoP Act isn't relevant as this is to do with absolute assignments (this is an equitable assignment). But they are quite right they don't have to provide you with one. Did they ever provide you with a Notice of Assignment - they do need to legally provide this.

 

We will shortly be advising our client of your request and the document will be sent to you as soon as possible. This process may take at least 6-8 weeks.

 

Judging by their previous performance it will take them 6-8 weeks to even ask for it. Still it all plays into your hands.

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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