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  • Help/Advice needed please

    Good morning everyone. Hope I have posted this in the right section, please feel free to move to another if necesscary.


    I would appreciate any help/views on the following problem.
    Back in early 2009, a court case regarding my husband’s credit card debt was discontinued by the creditor.



    My DH sent a letter to the creditor’s solicitor basically saying that any further claim would be opposed and if their client was prepared to undertake not to pursue the matter any further, he would accept their reduced offer for wasted costs.



    The solicitors replied stating that their client would not be obtaining the court’s permission to commence recovery proceedings against him in relation to account no xxxxxx.


    My husband duly received a cheque from the solicitors for the agreed wasted costs claim and we thought that was that!


    Fast forward to a couple of weeks ago, a DCA has sent two threatening letters and a postcard (in an envelope), the latter arrived yesterday.
    I presume the creditor can get away with this as they’ve passed it on to a DCA and not gone back to court?


    My husband is very concerned that this DCA now may take it to Court.
    Thanks for reading, any help would be much appreciated.

  • #2
    Re: Help/Advice needed please

    Which debt collecting parasites are those - AIC, aka Allied International Credit?

    Comment


    • #3
      Re: Help/Advice needed please

      The scum known as Equidebt! Thanks for replying!

      Comment


      • #4
        Re: Help/Advice needed please

        Are you able to say exactly why the court case was discontinued first time around? This could provide a clue as to whether anyone else (such as a DCA or debt-purchaser) has a cat-in-hell's chance of resurrecting this nightmare. There is such a thing as 'abuse of process'.
        Last edited by PlanB; 8 December 2011, 11:22.

        Comment


        • #5
          Re: Help/Advice needed please

          Has any Notice of Assignment of the alleged debt been received? If not, that would suggest that the DCA has been asked to collect on behalf of the card provider or has been granted an equitable rather than an absolute assignment of the alleged debt.

          Unless the DCA has an absolute assignment, they cannot seek to enforce it through the courts.

          Why did the original creditor discontinue its claim in 2009?

          Comment


          • #6
            Re: Help/Advice needed please

            Originally posted by CleverClogs View Post

            Why did the original creditor discontinue its claim in 2009?
            Great minds think alike eh

            Comment


            • #7
              Re: Help/Advice needed please

              1. Who's the original creditor
              2. Who now owns the debt
              3. Type of debt (card/loan etc)
              4. Balance
              5. Date last paid "anything" into it
              6. Why was last action discontinued
              7. Approximate start date of product

              Please clarify the above,then we should be better placed to help
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Help/Advice needed please

                Thanks Henryhatter No terms and conditions supplied, unreadable credit agreement, therefore did not comply with Reg 2 (1) of Statutory Instrument 1983/1557. Also, no default notice was ever sent and they couldn't supply a copy for the Court.

                Comment


                • #9
                  Re: Help/Advice needed please

                  Originally posted by reallyhadenough View Post
                  Thanks Henryhatter No terms and conditions supplied, unreadable credit agreement, therefore did not comply with Reg 2 (1) of Statutory Instrument 1983/1557. Also, no default notice was ever sent and they couldn't supply a copy for the Court.
                  Ok the DN is easy to remedy, that's surprising. I appreciate you're saying it failed Copy Docs Regs but they could generate a recon so I'm still confused as this is not usually enough to drop action without a good solicitor of your own doing the pushing.

                  Did they actually issue an N1 which your DH filed a defence under?
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: Help/Advice needed please

                    Oops more replies whilst I was answering lol! Apologies.

                    1. The original creditor is the Co-operative bank
                    2. The Co-operative bank
                    3.Credit card debt
                    4. Just over £10,000
                    5. 2007
                    6. Action discontinued - see my last post
                    7. Start of Product 2007

                    Thanks everyone

                    Comment


                    • #11
                      Re: Help/Advice needed please

                      It went to a hearing (originally Northampton then local area), my DH filed a defence and the judge advised him to refile in the correct order, after that they suddenly discontinued. BTW, the DCA stated in the first letter that they had been "instructed" by their client so I would say that no, they haven't been assigned.

                      Thansk again. Forgive me if I'm slow lol!

                      Comment


                      • #12
                        Re: Help/Advice needed please

                        Ok I'm confused.

                        This was started in 2007 so my next question, when in 2007?

                        I can't see why they discontinued - they could have created a recon to satisfy the criteria and s.78 and the bad DN would be a two minute job. I'm also thinking, was it applied for online with tick in the box?
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Help/Advice needed please

                          Originally posted by reallyhadenough View Post
                          It went to a hearing (originally Northampton then local area), my DH filed a defence and the judge advised him to refile in the correct order, after that they suddenly discontinued. BTW, the DCA stated in the first letter that they had been "instructed" by their client so I would say that no, they haven't been assigned.

                          Thansk again. Forgive me if I'm slow lol!
                          Did hubby actually go to court or not?
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Help/Advice needed please

                            Sorry, product start date was 2000 NOT 2007!!

                            Comment


                            • #15
                              Re: Help/Advice needed please

                              Yes, hubby did go to Court in 2009, it was listed as a "Directions Hearing".

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