New and confused

[samsmum]

Re: New and confused

Woo hoo. How posh is the new template section looking???

I've followed your wording Garlok and will send it off recorded delivery tomorrow

[Undercover Elsa]

Re: New and confused

Doesn't really matter G, I just wanted them to dig themselves a bigger hole

Samsmum, remind them that your original CCA request therefore still applies.
You could adapt the most suitable template.
If you get stuck, just shout...

[samsmum]

Re: New and confused

Could request a Niddy bespoke special. Not like he's got much on at the minute

[pompeyfaith]

Re: New and confused

Could request a Niddy bespoke special. Not like he's got much on at the minute

Funny you say that as it was what I was thinking too I am sure he would like to test out his bespoke service so send a PM and ask.

Niddy has more than One pair of hands you know lol.

[samsmum]

Re: New and confused

I'll do that now thanks

[Never-In-Doubt]

Re: New and confused

Sorry here's where my lack of knowledge and old brain cells is gonna make me look a bit daft. Hubby's just received a letter from Lewis group. Says they are not the creditor for the account. CL Finance are and they are agents acting on their behalf. Agreement was terminated prior to a CCJ on 5th October 2009 therefore the effect of section 78 of CCA 1974 is no longer applicable and the judgement can be enforced should payments not be made. Want proposals for payment. First we know of this and we were on the dmp at that time. No ccj's on credit report but it has got a court claim number on this letter

Ok, well ring northampton county and your local county court and quote the claim reference - can you please confirm the first 3 letters within the claim reference - ignore the numbers, just the start letters - then i'll know how genuine it really is?

To check for CCJ's, they won't always show on credit files - you must pay £12 or summat daft and check trust online.

Also, don't stress about this - they can't just get a ccj without notifying you, I'm guessing you have not moved in the last few years, if so please clarify when?

[Never-In-Doubt]

Re: New and confused

Thank you so much for taking the time to read through my ramblings. Have to admit i'm worried but i think that's a lot to do with not knowing anything about this. We moved to this address nearly five years ago. I've checked and nothing was registered to our old address but not sure how reliable these things are. Need to find out from the court and then as you say we'll know what to do next (well you guys will and i'll be guided by you).
As you said i do feel like we've come a long way but i know this isn't a quick fix solution and we will come across lots of ups and downs such as this one. Still hopeful and positive and so thankful that i was guided to this site though. Really thought BR was our only solution and sometimes yeah we do think sod it let's just get it over with but those thoughts are soon gone once i come back on here....have to admit i'm a bit addicted to this site and learning all the time

Thank you again and have a very Happy New Year x

Right I am not gonna sit and read 3 pages and find others have answered lol - so basically going on this - ie moved 5 years ago, then if there was a CCJ it'd be incorrectly served and they'd be welcome to try and enforce it but then you could try and appeal the whole thing, breach of process and not carrying out checks of residency would mean the whole thing *could* be struck-out, but not likely unless you have damn good reasons, ie they served at an old address after you paid or something daft.....

Let me know, briefly, what and if anything needs doing with this - thanks.

[samsmum]

Re: New and confused

9XY. Since i posted that though i've found the court letter saying dated june 2010 saying it was cancelled as it was entered erroniously

[Never-In-Doubt]

Re: New and confused

Got a letter re CCA saying it didn't apply as we'd got a CCJ in 2009 but found letter from court saying it was set aside

As per your PM above, why was it set-aside? Obviously, you must have applied for it so you must have known about it?

I'm proper confused now

The Judge would only set aside based on limited factors (as per my last post) i.e.

• You may not have received the original claim form.
• You may have moved house and not had post from your previous address.
• An order was made against you in your absence in certain circumstances.
• There may be an error in the judgment.
• You want to put in a defence and did not have the opportunity to do this.
• The proceedings did not follow the court rules.

BUT usually you initiate proceedings to set-aside....

[Never-In-Doubt]

Re: New and confused

9XY. Since i posted that though i've found the court letter saying dated june 2010 saying it was cancelled as it was entered erroniously

^^^^^^

Ok, so they do not have judgment, in which case we need to send a letter of telling them to pissoff and basically if they try and enforce this then we'll use their previous "shoddy" attempt against them as I am sure a judge is likely to lay into them if they try a second time, especially if they screw up such as forgetting to terminate properly or giving you a valid remedy period toward default, I mean - they would never mess up like this would they? (they've already terminated at an address you were not present thus resulting in a cancelled CCJ so chances are this termination is also bad = Harrison v Link).....

personally, I would forget it - let them go fishing some more - they know you live where you live so if they try and get clever, you'll win - hands down. Just ignore this, see what they say next....

[samsmum]

Re: New and confused

Thanks for the replies Niddy.

[Undercover Elsa]

Re: New and confused

Like it. The more they run round in circles trying to enforce what they don't realise is a non existant CCJ, the longer the clock is ticking on the unfulfilled CCA request.

[samsmum]

Re: New and confused

Update for Niddy re Simply Be and Ambrose Wilson

Sent your template on 28th Nov to Reliable Collections with both above account numbers on.

Letter from SB on10/12 confirming residency

Letter from AW ON 09/12 acc being reassigned
'' '' '' on 24/12 confirming residency

All letters saying must pay immediately plus usual statements received adding charges and £12 for each letter

[Never-In-Doubt]

Re: New and confused

SB/AW - who?

TLA's are a bugger when you have no idea what the TLA stands for

Can you send me a copy of all 3 letters, via email?

[samsmum]

Re: New and confused

Ambrose Wilson and Simply Be

Ok what's TLA's???

I'll send them to you now. Thanks