CCA received

[Toots]

Hi,

I just discovered this forum, and would be really grateful if you could give me some advice?

I sent off 3 CCA requests, two to Hoist, and one to Capquest.

The two to Hoist have been acknowledged, and I received an update for one of them today. They have sent a Barclaycard Cas Mart Application Retrieval form stating this is the CCA. I've seen a similar one on another thread on this forum. Is this a valid?

I've read that they need to send T&Cs, and statement of accounts as well. Is that correct?

The other Hoist one hasn't sent anything other than to acknowledge they received my letter.

Capquest haven't responded at all.

The letters were sent end of March this year.

I have other debts in addition to these. All the debts defaulted many moons ago, and have fallen of my credit report.

There is a lingering CCJ which will disappear in Feb 2022.

Many thanks for your help.

[Sam Audley]

Welcome to the Forum Toots. I am sure you will receive helpful advice and guidance on here. Why not start with sending your document to webmaster@all-about-debt.co.uk and see what advice you get back

[PlanB]

I sent off 3 CCA requests, two to Hoist, and one to Capquest.

. . . I have other debts in addition to these. All the debts defaulted many moons ago, and have fallen of my credit report.

There is a lingering CCJ which will disappear in Feb 2022.

Hello and welcome to the forum

Starting a Diary in the Unenforceabilities Diaries section will be the best way to tackle this. The title 'unenforceable' will help you to focus on the possibilities too. Here's a link to the sub forum (click on New Topic to start your thread) > https://all-about-debt.co.uk/forum/d...bility-diaries

You can email your credit agreements to Niddy using webmaster@all-about-debt.co.uk but maybe wait until you've started your thread with a seperate post for each debt with some brief background history, so he can look at things in context. When emailing them you need to include a link to your Diary thread.

I'm curious about the "lingering CCJ" so can you tell me more.

I look forward to helping you on your journey.

Di

[The Tech Clerk]

• Type of account:
• Date commenced:
• Approx balance:
• Last FULL payment:
• Any Last TOKEN payment:
• Status:
• Account owner:

[Warwick65]

Hi

Way back in the mists of time I found this forum. Nearly ten years later all my debts have been got rid of. Many because there was no agreement or the cca was unenforceable and some , well they didn’t chase me too hard.

As Plan B says start a diary for each one. You may feel we are being nosey but the only person who needs to see all the documents in response is Niddy ( Never-in-doubt). Also as suggested send copies to webmaster.

Essentially in response to a cca request they need to send you
A copy of what you would have signed along with associated terms and condition
A set of terms and conditions in force at default
A statement of account ( that can just be a signed letter saying as of x date you owe x amount).

These firms know what the should send but often try it on - at this point I think it unwise to point out any errors to them.

We are a community, most of us have been where you are and offer our experiences free of charge

[Toots]

Hello and welcome to the forum

Starting a Diary in the Unenforceabilities Diaries section will be the best way to tackle this. The title 'unenforceable' will help you to focus on the possibilities too. Here's a link to the sub forum (click on New Topic to start your thread) > https://all-about-debt.co.uk/forum/d...bility-diaries

You can email your credit agreements to Niddy using webmaster@all-about-debt.co.uk but maybe wait until you've started your thread with a seperate post for each debt with some brief background history, so he can look at things in context. When emailing them you need to include a link to your Diary thread.

I'm curious about the "lingering CCJ" so can you tell me more.

I look forward to helping you on your journey.

Di

Thank you Di and Sam, I'll do that.

I only say lingering as it feels like it's been around affecting what I can do financially for so long. Light at the end of the tunnel where that's concerned though. It was an HSBC credit card debt that went to Restons. A silly mistake on my part, I stopped paying them, didn't send them new address details and of course never got the paperwork for the court action.

[PlanB]

It was an HSBC credit card debt that went to Restons. A silly mistake on my part, I stopped paying them, didn't send them new address details and of course never got the paperwork for the court action.

I'm glad I asked the question

I never raise expectations but I was wondering whether this might have been a Default Judgment (CCJ) because you weren't served with the claim form so didn't file any Acknowledgment of Service. It seems I may be right.

Who was Reston's client at the time such as Arrow or Cabot and how much is the CCJ?

In some circumstances it may be possible to get a CCJ set-aside but as I say I don't want to get you all excited for nothing.

Add a little more information (without identifying yourself) on this thread and we'll take it from there.

Di

[Toots]

I'm glad I asked the question

I never raise expectations but I was wondering whether this might have been a Default Judgment (CCJ) because you weren't served with the claim form so didn't file any Acknowledgment of Service. It seems I may be right.

Who was Reston's client at the time such as Arrow or Cabot and how much is the CCJ?

In some circumstances it may be possible to get a CCJ set-aside but as I say I don't want to get you all excited for nothing.

Add a little more information (without identifying yourself) on this thread and we'll take it from there.

Di

Hiya,

I think this one might be a moot point. I had a panic last year (clearly not getting any advice first) and paid some money to Restons direct. I wasn't aware that they couldn't reapply for another CCJ, and didn't want another six years on the clock. I'm no spring chicken BTW.

Pretty sure the debt went straight to Restons rather than any other debt collection agency.

Quite happy to lay this one to bed for now. I won't be able to get any money back from them.

[Toots]

Hi

Way back in the mists of time I found this forum. Nearly ten years later all my debts have been got rid of. Many because there was no agreement or the cca was unenforceable and some , well they didn’t chase me too hard.

As Plan B says start a diary for each one. You may feel we are being nosey but the only person who needs to see all the documents in response is Niddy ( Never-in-doubt). Also as suggested send copies to webmaster.

Essentially in response to a cca request they need to send you
A copy of what you would have signed along with associated terms and condition
A set of terms and conditions in force at default
A statement of account ( that can just be a signed letter saying as of x date you owe x amount).

These firms know what the should send but often try it on - at this point I think it unwise to point out any errors to them.

We are a community, most of us have been where you are and offer our experiences free of charge

Hi Warwick65

Thank you that's good to know. So glad you managed to clear your debts. Mine have been there in the background since 2008/9/10 and although they don't cause the same amount of stress that they used to, it's always there in the background. I appreciate any help at all. Really, just from a comraderie point of view it will help.

[Toots]

• Type of account:
• Date commenced:
• Approx balance:
• Last FULL payment:
• Any Last TOKEN payment:
• Status:
• Account owner:

Thank you. Will get on with it. Much appreciated.

[PlanB]

I had a panic last year and paid some money to Restons direct. I wasn't aware that they couldn't reapply for another CCJ, and didn't want another six years on the clock. I'm no spring chicken BTW.

Pretty sure the debt went straight to Restons rather than any other debt collection agency.

Quite happy to lay this one to bed for now. I won't be able to get any money back from them.

I'm no spring chicken either - with age comes wisdom

I can see you've been busy setting up your Diary today, but tomorrow I'll ask you a bit more about this CCJ and why you felt panicked into paying by Restons Solicitors, and what made you think there could be another CCJ if you didn't, just in case there's a slim chance of sorting this issue.

I don't give up easily!

Di

[Toots]

I'm no spring chicken either - with age comes wisdom

I can see you've been busy setting up your Diary today, but tomorrow I'll ask you a bit more about this CCJ and why you felt panicked into paying by Restons Solicitors, and what made you think there could be another CCJ if you didn't, just in case there's a slim chance of sorting this issue.

I don't give up easily!

Di

Thank you Di.

Ask away.

[PlanB]

Thank you Di.

Ask away.

I certainly will

Since time is of the essence if a set aside of this CCJ is needed.

Di

[PlanB]

Thank you Di.

Ask away.

Okay, here come the questions

Do you know the name of the Claimant/Judgment Creditor since Restons is a firm of solicitors not a debt purchaser or credit giver. On letters received it should say who their client is/was.

Who was the original creditor since Restons tend to act for debt purchasers so perhaps this debt had been assigned/sold somewhere along the line?

What was the original financial product such as credit card, loan, bank overdraft, HP or something else such as a utility bill?

How much was the CCJ which could be relevant when considering the potential of any set-aside and the costs involved? However in certain circumstances there can be fee remission depending on income or benefits received etc.

What made you think that there might have been the potential for a second CCJ if you didn't pay up? My guess is that you might have been told even if you successfully challenged the Default Judgment (CCJ) then you would have to defend the claim and someone said that you wouldn't win so get a CCJ anyway. That's just my guess.

Di

[Toots]

Okay, here come the questions

Do you know the name of the Claimant/Judgment Creditor since Restons is a firm of solicitors not a debt purchaser or credit giver. On letters received it should say who their client is/was.

Who was the original creditor since Restons tend to act for debt purchasers so perhaps this debt had been assigned/sold somewhere along the line?

What was the original financial product such as credit card, loan, bank overdraft, HP or something else such as a utility bill?

How much was the CCJ which could be relevant when considering the potential of any set-aside and the costs involved? However in certain circumstances there can be fee remission depending on income or benefits received etc.

What made you think that there might have been the potential for a second CCJ if you didn't pay up? My guess is that you might have been told even if you successfully challenged the Default Judgment (CCJ) then you would have to defend the claim and someone said that you wouldn't win so get a CCJ anyway. That's just my guess.

Di

Hiya,

Ok, so I checked the paperwork.

It was originally passed on from HSBC to Metropolitan Collection Services, but the first letter I received from Reston's about going to court says that they have been instructed by HSBC.

The product was a credit card - HSBC Gold Card.

The CCJ was just under £11500. Original debt was £8500, and then they chucked a load of interest on it in my absence.

I found out about the CCJ 3 months after the event. I did a lot of web searching on setting aside and the main message I got was don't bother, that it would be very unlikely that it could be set aside, unless I could prove that they were acting incorrectly. I didn't know about default judgements either. This was after I'd paid £300 to the court hoping that I could do something about it. I didn't know that you couldn't have another CCJ for the same debt.

All of this happened in the midst of a failing (quite nasty) marriage, and my Dad had just died. So, the circumstances weren't exactly ideal for concentrating on court action.

I was looking into getting a mortgage last year which is why I wanted them off my back. Of all the creditors I've had to deal with HSBC and Restons have been the most aggressive. So, I paid them off for my own peace of mind more than anything else.


Hope that helps.