Lovemoney UE Diary

[Paul.]

Re: Lovemoney UE Diary

If they have a CCJ your options are really limited.

You may be able to challenge the enforceability of the agreement if the agreement is susceptible to challenge. You would need the original agreement first so that it could be checked for compliance.

If the agreement was defective and that defect led to an iredeemable breach, then per Southern District Finance v Turner you may be able to raise a counterclaim on the enforceability issue

However, it is quite a complicated area of law and also if the CCJ was as a result of an admission then you may have shot your argument as an admission amounts to consented enforcement

an unenforceable agreement may be enforced by consent!!

so to be honest, i do not know what to advise, but my thoughts are above

[PlanB]

Re: Lovemoney UE Diary

If they have a CCJ your options are really limited.

You may be able to challenge the enforceability of the agreement if the agreement is susceptible to challenge. You would need the original agreement first so that it could be checked for compliance.

If the agreement was defective and that defect led to an iredeemable breach, then per Southern District Finance v Turner you may be able to raise a counterclaim on the enforceability issue

However, it is quite a complicated area of law and also if the CCJ was as a result of an admission then you may have shot your argument as an admission amounts to consented enforcement

an unenforceable agreement may be enforced by consent!!

so to be honest, i do not know what to advise, but my thoughts are above

Blimey

So it makes sense not to admit to anything when you receive court papers until you've checked out the claimant's legal potential and/or whether you have a viable defence Maybe always tick the 28 days to submit a defence box - and you can always change your mind and admit the claim before the deadline

[Paul.]

Re: Lovemoney UE Diary

Theres already a CCJ in place here thought Plan B thats the problem so it really is sooo very tricky to fight this

[Lovemoney]

Re: Lovemoney UE Diary

If they have a CCJ your options are really limited.

You may be able to challenge the enforceability of the agreement if the agreement is susceptible to challenge. You would need the original agreement first so that it could be checked for compliance.

If the agreement was defective and that defect led to an iredeemable breach, then per Southern District Finance v Turner you may be able to raise a counterclaim on the enforceability issue

However, it is quite a complicated area of law and also if the CCJ was as a result of an admission then you may have shot your argument as an admission amounts to consented enforcement

an unenforceable agreement may be enforced by consent!!

Thanks for your reply its much appreciated...Paul your suggestion is sent CCA request then start from there.

[Paul.]

Re: Lovemoney UE Diary

Thanks for your reply its much appreciated...Paul your suggestion is sent CCA request then start from there.

no thats not my suggestion, as i said , if the agreement has ended, ie there is a CCJ, then you will need the agreement but i say that in the hope you have a copy, as there is no duty under the CCA 1974 to send it once the agreement has ended

[Lovemoney]

Re: Lovemoney UE Diary

So what happened here? did they apply for a Charging order in 2008? Did they get one?

As far I know is no. Should I give Court a call on monday and find out more details?

[Never-In-Doubt]

Re: Lovemoney UE Diary

QUICK UPDATE

That's a result. Keep letter safe. Very safe

[Lovemoney]

Re: Lovemoney UE Diary

no thats not my suggestion, as i said , if the agreement has ended, ie there is a CCJ, then you will need the agreement but i say that in the hope you have a copy, as there is no duty under the CCA 1974 to send it once the agreement has ended

Paul I need little bit advise what is the best to reply at this stage please, would be much appreciated.

[Paul.]

Re: Lovemoney UE Diary

Paul I need little bit advise what is the best to reply at this stage please, would be much appreciated.

ive already said above,

Do you have a copy of the agreement?

if yes, then i need to see it.

If no, well then you are in difficulty. If the creditor will not give you a copy then i do not see how you can even fight on based on what has been said on the thread

[Lovemoney]

Re: Need Advice

CO-OP BANK

Date commenced: 23/12/1997
DEFAULT BALANCE: £835
DEFAULT ON: 20/12/2006
ACCOUNT SOLD TO DCA: (ROBINSON, WAY & CO)
PAYMENT STATUS: AGREED £1 TOKEN PAYMENT SET UP STANDING ORDER 28/7/08 EACH MONTH

21/3/12
Niddy says

26/3/12
Missing Prescribed Term sent.

5/4/12
received response from Robinson Way saying satissfied the documentation provided is sufficient to demonstrate liability and will not enter into repetitive correspondence. Data will continue to be procedssed in lin with the principles of Data Protection Act 1998 and will continue to be reported to credit reference agencies, where appropriate. If neglect to make payment further action may be taken against, require payment proposals within 14 days.# IGNORE & NO PAYMENT #

18/5/12
received APPOINTMENT FOR HOME VISIT letter from Robberson saying your debt is still unpaid in spite of previous letters, and calls. We may now arrange for a local collector to call at yr address to agree an affordable payment plan with you.
YOUR A/C MAY BE SENT TO OUR LOCAL COLLECTOR IN THE NEXT 10 DAYS.
Call us if you would prefer to agree an affordable payment plan with this office, or if you want to agree an appointment for our collector to visit. If you prefer not to talk to us at all, you can deal with this online...

Any thoughts

[Deepie]

Re: Need Advice

18/5/12
received APPOINTMENT FOR HOME VISIT letter from Robberson saying your debt is still unpaid in spite of previous letters, and calls. We may now arrange for a local collector to call at yr address to agree an affordable payment plan with you.
YOUR A/C MAY BE SENT TO OUR LOCAL COLLECTOR IN THE NEXT 10 DAYS.
Call us if you would prefer to agree an affordable payment plan with this office, or if you want to agree an appointment for our collector to visit. If you prefer not to talk to us at all, you can deal with this online...

Any thoughts

Send them this-----> Harassment & Threat of Doorstep-Visit

[Lovemoney]

Re: Lovemoney UE Diary

ive already said above,

Do you have a copy of the agreement?

if yes, then i need to see it.

If no, well then you are in difficulty. If the creditor will not give you a copy then i do not see how you can even fight on based on what has been said on the thread

I requested CCA previously, they reply are subject to a Statutory Fee. I didn't follow up. Perhaps I might try to send a request asap down to no choice.

[Lovemoney]

Re: Need Advice

Send them this-----> Harassment & Threat of Doorstep-Visit

I2D thanks for your quick reply, I'll do it straight away and send it off monday .

[ScabHunter]

Re: Lovemoney UE Diary

ive already said above,

Do you have a copy of the agreement?

if yes, then i need to see it.

If no, well then you are in difficulty. If the creditor will not give you a copy then i do not see how you can even fight on based on what has been said on the thread

Forgive me if I'm being thick here (just a layman), but couldn't you use a Data Protection Act SAR to get hold of the document, as the need to comply with this act is not altered by the presence of the CCJ?

SH

[Paul.]

Re: Lovemoney UE Diary

yes you could use the DPA, indeed, my only concern is they can get out of providing it by saying its disproportionate to search archives for example

or they could argue its not held in a relevant filing system

there was a case involving the Welsh Ministers that dealt with the limits of DPA