Should i CCA

[Moradin]

Re: Should i CCA

Many thanks all.

so long term, its better if can arrange to settle and remove the restriction.

or

ignore it, and never move

[Never-In-Doubt]

Re: Should i CCA

Well that depends on what you want. We couldn't possibly say

[Moradin]

Re: Should i CCA

Well i have received one reply out of the four, for my CCA requests.

however, the writing is tiny, miniscule. i can barely read it.and its photocopied over their own headed paper, with text at the bottom.

should i write back asking for a legible copy ?

[MrsD]

Re: Should i CCA

no, you should email to Niddy, and he'll guide you from there.

No point in giving them another chance before Niddy has looked, hoepfully they haven't got a clear copy and that's why they've sent an unclear one, which could make the thing UE after all........................

[Moradin]

Re: Should i CCA

I would but not sure how to email him.. i thought there was a button, but i can't see it now.

[IF]

Re: Should i CCA

I would but not sure how to email him.. i thought there was a button, but i can't see it now.

-------> agreements@all-about-debt.co.uk

[Moradin]

Re: Should i CCA

I'm trying to sort my scanner, but i've written back to them with the standard text about it being legible to read etc.

They have all back off for now.. no more letters.

However, the debt where i owe 3-4k which now has a restriction upon the house, they have written to me asking me to settle, and have included an amount to settle for (which i don't have anyhow), and threatening further legal action.

So, my question is.. what can they now do ?

[Still Waving]

Re: Should i CCA

I'm trying to sort my scanner, but i've written back to them with the standard text about it being legible to read etc.

They have all back off for now.. no more letters.

However, the debt where i owe 3-4k which now has a restriction upon the house, they have written to me asking me to settle, and have included an amount to settle for (which i don't have anyhow), and threatening further legal action.

So, my question is.. what can they now do ?

Presumably they applied for the Restriction on your house following a CCJ. Did the CCJ make an Order for repayment instalments, and if so have you kept to the Order? If there was an instalment Order and you have not breached it, I don't think they can take any further action.

[Moradin]

Re: Should i CCA

Before i had the restriction i had a CCJ. where it was for £1. once i got the restriction i stopped paying the £1 - as i thought the restriction overwrote the CCJ.

Before they got the restriction, i had a family member with some cash offer to bail me out.

The debt has now increased to £3.8k. The last offer sent to them was for 1.2k which they declined.

In this letter they have offered a settlement of 2.8k (which i don't have ofc)

[Moradin]

Re: Should i CCA

I shouls add that we went to court and a judge made the total sum due and payable 'Forthwith'

which i think overwrites the ccj ?

[Moradin]

Re: Should i CCA

Bump. latest letter from them threatened ''further legal action''...

please advise.

[Still Waving]

Re: Should i CCA

I'm not the best to advise you in this situation, but hopefully someone more knowledgable will be along.

Can I clarify a few things though?

Is this a CC debt which is subject to CCA1974. If it is, I thought that Statutory Interest could not be added once Judgment had been obtained. You seem to be saying that interest is still being charged?

Was the sequence of events -
a) CCJ with an order to pay £1 pm
b) subsequent Restriction Order
c) Further court appearance where a Forthwith Order was made for the total sum due

I would have thought that ceasing the £1 payments following the Restriction Order was a mistake as it put you in breach of the original CCJ. You say in post #25 that you went to court - was this because you appealed, or was it further recovery action as a result of you stopping the £1 payments?


For any advice to be given it's important for people to know the precise history to date. Sorry I can't be more help though.

[Moradin]

Re: Should i CCA

Yes, its a Credit Card debt.... The sequence of events was:-

Northampton paperwork : resulting in:-
CCJ for £1
Court appearance for 'Redetermination' resulting in Forthwith Judgement. (which i believed cancels the CCJ, because it becomes due and payable)
Restriction placed on house.


No interest is being charged as far as i know.

They have then written to me offering a 2.8k settlement (which i don't have). and threatening further legal action.. (whatever that means?)

[Still Waving]

Re: Should i CCA

Yes, I did think that it was likely that the Restriction followed the Forthwith order. It was bad luck getting a Forthwith on redetermination after an initial £1 Order. You said in post #24 that the debt had increased to 3.8k, so I assumed you meant that interest was being added.

[Moradin]

Re: Should i CCA

No it was from an initial 3k debt. which is now 3.7k somehow.. court fees, redermination fees etc..

So i dont think i have breached the CCJ at all. as it was nullified by the forthwith order, so the question still stands, what is the ''additional legal action'' that they seem to allude to.