Help with old 1997 Debt

[jules3107]

Hi all,

I would appreciate some advise on a small problem I have regarding one of many debts but this is the biggest. Yet once I do this once, I can do it to the rest. This one has a bit of a twist though.

Background info - Oct 1997 loan £8000 via Halifax. Was supposed to be added to our mortgage, yet we got duped on the signing (1st time buyers didn't know any different and naïve), we had a house valuation and then signed. This did happen to our advantage later on when we fell into a difficult time in our lives.
Made agreement to pay Halifax reduced payments until Halifax sold all their debts to Cabot.
Never missed a payment with Halifax or Cabot, and then in 2010 Cabot took us to court for default. It stated on the paperwork that they took over the debt and sent letters to no reply so seeking a default? Yet payments were still in force. They actually lied to the courts plus with no CCA and the court still ruled in their favour yet payments did not change?
I have since requested SARS from both Halifax and Cabot with CCA’s all payments made for the past 6 years. Yet after speaking to Halifax 2 weeks ago the credit agreements were shredded in 2003 beginning of 2004 and they have no CCA on file as the debt was sold to Cabot, all they have is the initial application.
Cabot have actually done this on 2 accounts I have with them 1 is for about £1000 now.
I know I can prove Cabot do not have a true copy of a Signed Credit Agreement as Halifax have already stated it was shredded in 2003/4. The reason I can prove I have not defaulted is I set up a standing order every month from my bank account and requested all my statements?
What I want to do now is actually take Cabot to court to prove they actually lied to the courts and take my proof with me also prove they do not have a true copy of my CCA.
If possible the debt is now around £10,300 due to Cabot taking me to court and their adding their fees on.

I want it all refunded due to their lies and more so get rid of the debt due to no signed CCA.
Is this possible?
In advance Thank You

[Never-In-Doubt]

Re: Help with old 1997 Debt

Are you saying you have a CCJ and a Charging Order or just a CCJ? Please clarify.

[jules3107]

Re: Help with old 1997 Debt

Hi and Thank You for replying.

I will hunt our the paperwork now. I have been working on it for the past 2 months. It could be fake as far as I know.

Jules

[jules3107]

Re: Help with old 1997 Debt

Hi There,

Firstly the assignment was on the 28th November 2008, I have the letter in hand.

It looks like a photocopy to be honest. I can scan and mail it to you if you wish.

All it says is Judgement for Claimant (after determination).

Nothing about County Court Judgments at all.

Also the stamp does not match the one off the original N1CPC Claim form (04.06)

Thank You

Jules

[IF]

Re: Help with old 1997 Debt

Hi Jules, please do send it to Niddy (Never-In-Doubt) with your username here as the subject

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

[jules3107]

Re: Help with old 1997 Debt

Hi again another update.

I have just been on trust online and got a report which states that there IS an unsatisfied Judgement and it happened on the 12th March 2010 at Northampton County Court.

One the initial court application Cabot wrote and I quote;- The claimant is the Assignee to the debt from Bank of Scotland, then the loan reference.

Notice of assignment has been given to the defendant in writing. Despite demand for payment then amount of £10288.44 remains due, the Claimant claims £10,578.44 and interest under s.69

County Court Act 1984 and costs.

That's it in a nutshell and since the assignment was passed over I can prove I have been paying every month since the assignment was taken over.

So how do I get this overturned by the courts and what to do to get this lie by Cabot sorted?

Jules

[Never-In-Doubt]

Re: Help with old 1997 Debt

Hi - slow down.

Ok so you're saying you had an agreement, stuck to it and the dca has went and enforced the debt? It'd help if you could bullet point the facts from start to end as if I don't know anything and you're telling me the story.... Right now I'm awfully confused.

Forget cancelling the CCJ/CO for now. Let's start at the beginning.

[Never-In-Doubt]

Re: Help with old 1997 Debt

Ok ignore the above post. Having re-read this it seems you want to argue the CCJ from 2010 as you were keeping to an arrangement etc with them and paying a reduced amount.

Is that correct?

Did you know about the claim in 2010? If not why, have you moved and not told them your new address or is your address now the same one as it was at the time of default?

Thanks.

[jules3107]

Re: Help with old 1997 Debt

Hi,

Yes I had an agreement to pay Cabot £5 per month and have done since it was reassigned to them this was arranged via CAB if I remember correctly. Then out of the blue this fell on the mat and I went back to CAB. They did all the work again and that was the outcome. I did explain I had not defaulted and I stuck to the payments too. Again naïve didn't understand all this and got CAB to sort it as I have 6 kids and my son was born disabled, so Social Services got me in to see CAB within a few days.


And the rest you know. I have not moved I have lived here since I bought the house. I guess CAB didn't think I was telling the truth or just filled a form and done with it? Who knows?


All I know is that I am now stuck with a debt which has no CCA, I have NEVER defaulted since the agreement was put in place with Cabot and they did this and lied about it to the courts.


Now I want to prove them wrong once and for all.

Jules ;-)

[Never-In-Doubt]

Re: Help with old 1997 Debt

Well sadly you can't do jack about it if you knew about the claim at the time and didn't defend it properly. You only have a short time to appeal a default judgment - 6 months maybe...!

Unfortunately you're stuck with it as they already obtained judgment. You should have defended at the time of claim sadly.

[patchouli]

Re: Help with old 1997 Debt

oh poo... :-(

[jules3107]

Re: Help with old 1997 Debt

Hi,

Ok Thank you.

This is the only debt with a CCJ, and until I spoke to you I did not even realise it WAS a CCJ. Yes call me thick lol.

Yet with my other debts none of them have any CCA's as too much time has lapsed, I have asked for CCA's for 4 of them so far and not one CCA is included.

I am guessing the same with the rest I know for fact not one of them will have CCA's due to time again.

What can I do with those from here on in?

Could you please advise on the best course of action to take from here on in with regards to the other debts please?

The rest are all unsecured loans, none of the other has a CCJ attached to then either.

Never missed arranged payments since they have been in force. Again got the proof to back up what I am saying is true.

I just need guidance on the next course of action to take, if its not too much trouble.

Thank You

Jules ;-)

[jules3107]

Re: Help with old 1997 Debt

lol Poop happens I guess.

just gutted right now, but the courts agreed to £5 a month so no too bad I guess. x

Jules

[MrsD]

Re: Help with old 1997 Debt

ok Jules

can you list the other debts and tell us what you want to achieve with them

if you're still paying, do you want to stop and do you understand how we can help with that?

[jules3107]

Re: Help with old 1997 Debt

Hi Mrs D,

4 x Aktiv Kapital varies unsecured, already had the SAR back for these 4 with no CCA's attached to any of them just a load of letters they have sent out to me (with lies stating default in agreed reduced payments), a contradiction list of payments made since 2003/4 to present date, not one missed payment, so they have proved themselves in the wrong. Record of calls (on paper) made also apparent e-mails with old e-mail address which is no longer in existence, yet they claim these e-mails were written after the e-mail address was no longer in existence?

They have defaulted by not providing me with any true copies of anything to do with ANY of the debts. Am I now able to tell them to go and take a running jump until they provide me with the CCA's?

1 x Cabot mentioned previously. They tried the same tactic for this account as with the £10000 account yet no CCJ of this one on record. I am still awaiting the SAR to come back for this one as well as the info on the £10000 account (with CCJ). Again I know they wont have a CCA on file for this so can they force me to pay it?

I am in the middle of writing a letter to Aktiv Kapital stating they have defaulted in not providing me with the correct information requested. i.e. Signed CCA's recorded info via phone calls anything the original lenders would/should have sent them when the debts were originally assigned many years ago. They have absolutely NOTHING? hence the reason I need guidance on what to do next and how to proceed once the letter has been sent, also do I need to include any quotes or acts in the letter before I print it off and send it? I have not done this before and just doing it alone for now. Just need to make sure I am on the right track. If they can not prove I owe this money why should I pay it?

Once Again

Thank You.

Jules