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Losing My Rag!
NW-ANGEL
Posts: 299 Forumite
hi like a few i have been lurking a bit and did join ages ago and dint come on here for a short time and forgot log on details so i re-joined a short time ago - have already asked an odd question but have actioned a few things and wanted ANY advice please -Had dorothy perkins card - GE money - moved and got into a pickle missed payments - sold to CL finance - hassled and given CCJ and then i managed to pay the £2.5k it ended up being after all charges etc.... had a phone conversation tonight in which the girl at the end of the phone Howard Cohen and co solicitors - was tying herself in knots - and started to get narky and aggitated with my questions and answers! 
which is nice cos they'v done that to me a few times preying on me when ive been weak! anyway the general jist is like this....i have sent a letter after i have paid - was upset bout ccj etc never had anything like this before - so scrimped and saved and just wanted rid - BUT having read LOADS of ace advice thought i'd ask for your personal help Please!?
letters i sent are copied and pasted below....
Howard Cohen & Co. Solicitors
P.O. Box 110
Cleckheaton
West Yorshire
BD19 4XT
Dear Sir/Madam
Re: Account Number xxxxxxxx
With reference to the above ‘agreement’, I would be grateful if you could send me a true, signed copy of this credit agreementand any deed of assignment.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a true, signed copy of any of my credit agreements on request and so I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
As the 'account' was sold to CL Finance, under the Consumer Credit Act yourselves – the ‘creditors’ must be in possession of a true, signed credit agreement and should you fail to comply with my request for a copy of an agreement under these sections of the Act, you are unable to enforce any agreement.
I expect a copy of this credit agreement to be supplied to me within 12 working days as stated in law.
I look forward to hearing from you.
Yours faithfully
ME!
letter 2 :
Howard Cohen & Co. Solicitors
P.O. Box 110
Cleckheaton
West Yorkshire
BD19 4XT
Dear Sir/Madam,
RE: account/reference xxxxxx
In order for a creditor to formally demand a full balance and to take ANY legal action they must first serve a default notice to the debtor, this notice must comply with regulations and accurately state the financial details such as the 'sum due' to remedy the breach. Should no default of been served, or it overestimates the sum due it is invalid and void thus the creditor has no right to take any legal action.
You – the ‘creditor’ – CL Finance, are obliged to disclose by law, the information and documents detailed below. The information must be furnished by 4th July 2008, which gives you ten days to provide what has been requested.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.
d. True copies of any notice of assignment and any default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed.
3. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
4. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.
I require this information within the next ten days. I must advise you that if the information is not forthcoming, I will be taking further advice and proceedings.
I would appreciate your due diligence in this matter.
I await your rapid response.
Yours Faithfully,
ME!
Letter i came home to this evening from Howard Cohen & Co:
[FONT=Helvetica, sans-serif]Howard Cohen [/FONT]
Our Ref: xxxxxx
Monday23june2008
Dear Mrs xxxxxx
[FONT=Helvetica, sans-serif]We refer to your letter of 23 June 2008 in which you have made a request for information. Please be advised that there is no obligation for us to provide this information.
[FONT=Helvetica, sans-serif]You have also made a request for information under the Consumer Credit Act I 974 in your letter of 21 June 2008. Please be advised that this firm is not the creditor in this matter. The creditor is CL Finance and we are merely instructed to act on behalf of that company to recover the outstanding balance due. We are not the creditor and are not covered by the Consumer Credit Act 2006. We are therefore not obliged to provide you with information such as a complaints procedure or the date the debt was acquired. [/FONT]
[FONT=Helvetica, sans-serif]Notwithstanding the above we have requested a copy of your original credit agreement and associated documents from our client’s predecessor, GE Money, and this will be sent on to you once received. [/FONT]
[FONT=Helvetica, sans-serif]Yours sincerely[/FONT]
[FONT=Helvetica, sans-serif]Howard Cohen & Co. [/FONT]
[FONT=Helvetica, sans-serif]Where do i go from here please? ....spoke to them on the phone earlier - said they dont have credit agreement but can get one from GE Money - apparently i have to write to CL Finance - HC are just representing them - to which i said but to represent them and 'hassle' me for payments they cannot do as i have no debt with them - HC as they also pointed out - ended up goin in circles quoting back what she at HC said to me! they also said CL finance did not need a credit agreement - GE money who the debt was with are the only ones who need it so i said "well legally i owe no money or have any debt with neither CL finance or with HC then?" to which she said she could discuss the matter no further a supervisor will call me back!:eek: [/FONT]
[FONT=Helvetica, sans-serif]no call received - Please please can anyone offer me any help? or advise,[/FONT]
[FONT=Helvetica, sans-serif]many thanks in advance !:T [/FONT]
[FONT=Helvetica, sans-serif]kel [/FONT]
[/FONT]
which is nice cos they'v done that to me a few times preying on me when ive been weak! anyway the general jist is like this....i have sent a letter after i have paid - was upset bout ccj etc never had anything like this before - so scrimped and saved and just wanted rid - BUT having read LOADS of ace advice thought i'd ask for your personal help Please!?letters i sent are copied and pasted below....
Howard Cohen & Co. Solicitors
P.O. Box 110
Cleckheaton
West Yorshire
BD19 4XT
Saturday 21st June 2008
Dear Sir/Madam
Re: Account Number xxxxxxxx
With reference to the above ‘agreement’, I would be grateful if you could send me a true, signed copy of this credit agreementand any deed of assignment.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a true, signed copy of any of my credit agreements on request and so I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
As the 'account' was sold to CL Finance, under the Consumer Credit Act yourselves – the ‘creditors’ must be in possession of a true, signed credit agreement and should you fail to comply with my request for a copy of an agreement under these sections of the Act, you are unable to enforce any agreement.
I expect a copy of this credit agreement to be supplied to me within 12 working days as stated in law.
I look forward to hearing from you.
Yours faithfully
ME!
letter 2 :
Howard Cohen & Co. Solicitors
P.O. Box 110
Cleckheaton
West Yorkshire
BD19 4XT
Monday 23rd June 2008
Dear Sir/Madam,
RE: account/reference xxxxxx
In order for a creditor to formally demand a full balance and to take ANY legal action they must first serve a default notice to the debtor, this notice must comply with regulations and accurately state the financial details such as the 'sum due' to remedy the breach. Should no default of been served, or it overestimates the sum due it is invalid and void thus the creditor has no right to take any legal action.
You – the ‘creditor’ – CL Finance, are obliged to disclose by law, the information and documents detailed below. The information must be furnished by 4th July 2008, which gives you ten days to provide what has been requested.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.
d. True copies of any notice of assignment and any default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed.
3. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
4. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.
I require this information within the next ten days. I must advise you that if the information is not forthcoming, I will be taking further advice and proceedings.
I would appreciate your due diligence in this matter.
I await your rapid response.
Yours Faithfully,
ME!
Letter i came home to this evening from Howard Cohen & Co:
[FONT=Helvetica, sans-serif]Howard Cohen [/FONT]
Our Ref: xxxxxx
Monday23june2008
Dear Mrs xxxxxx
[FONT=Helvetica, sans-serif]We refer to your letter of 23 June 2008 in which you have made a request for information. Please be advised that there is no obligation for us to provide this information.
[FONT=Helvetica, sans-serif]You have also made a request for information under the Consumer Credit Act I 974 in your letter of 21 June 2008. Please be advised that this firm is not the creditor in this matter. The creditor is CL Finance and we are merely instructed to act on behalf of that company to recover the outstanding balance due. We are not the creditor and are not covered by the Consumer Credit Act 2006. We are therefore not obliged to provide you with information such as a complaints procedure or the date the debt was acquired. [/FONT]
[FONT=Helvetica, sans-serif]Notwithstanding the above we have requested a copy of your original credit agreement and associated documents from our client’s predecessor, GE Money, and this will be sent on to you once received. [/FONT]
[FONT=Helvetica, sans-serif]Yours sincerely[/FONT]
[FONT=Helvetica, sans-serif]Howard Cohen & Co. [/FONT]
[FONT=Helvetica, sans-serif]Where do i go from here please? ....spoke to them on the phone earlier - said they dont have credit agreement but can get one from GE Money - apparently i have to write to CL Finance - HC are just representing them - to which i said but to represent them and 'hassle' me for payments they cannot do as i have no debt with them - HC as they also pointed out - ended up goin in circles quoting back what she at HC said to me! they also said CL finance did not need a credit agreement - GE money who the debt was with are the only ones who need it so i said "well legally i owe no money or have any debt with neither CL finance or with HC then?" to which she said she could discuss the matter no further a supervisor will call me back!:eek: [/FONT]
[FONT=Helvetica, sans-serif]no call received - Please please can anyone offer me any help? or advise,[/FONT]
[FONT=Helvetica, sans-serif]many thanks in advance !:T [/FONT]
[FONT=Helvetica, sans-serif]kel [/FONT]
[/FONT]
0
Comments
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any help please?
kel x0 -
Do you have a CCJ for THIS debt? I think if you do then it doesn't matter if they can't find the agreement unless you contest the CCJ through the court... Read this page for loads of info: Payplan CCJsDFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
Do you have a CCJ for THIS debt? I think if you do then it doesn't matter if they can't find the agreement unless you contest the CCJ through the court... Read this page for loads of info: Payplan CCJs
they sent me a ccj letter that said - in default - thing is - i have paid - so ccj will be removed when i send receipt etc off - before i found this sight and was ill with worry - dnt know how i managed live for 3 months !! - paid it over 3 months BUT ppl on here have said if no cred agreement then i had no debt with anyone!?
thanks for reply x
kel0 -
Just wrote huge reply and laptop bluescreened on me ARGH!
Ok gist of it was:
If you have a CCJ then they don't have to provide the CCA. Has the CCJ been passed or is this the paper work of them seeking a CCJ with the court stamp on it? Pleasecheck with the court if in doubt of whether the CCJ has already been placed because it's 2 hugely different scenarios depending on if it has or hasn't yet.
The rest of your post... are you saying you have already PAID this money?? or made payments towards it? It is still possible to get a CCJ if you are only making token payments. DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
Hi Kel
Just wanted to say welcome. Can't really offer any advice other than to say isn't it great when you get your own back on these guys and get them in knots on the phone! I've done it a couple of times they've put the phone down on me!
If they haven't got a valid credit agreement, it means that it's unenforceable. You still have the debt but they can't enforce it in court.Debt 30k in 2008.:eek::o Cleared all my debt in 2013 and loving being debt free
Mortgage free since 20140 -
Actually not quite true Quote from Payplan in this instance:
Which is why you should NEVER EVER ignore court summons - you have to enter a defence!Should you ignore a court summons, the order could be made against you, even if you don't owe the money!DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
Just wrote huge reply and laptop bluescreened on me ARGH!So sorry - and thanks tho!
Ok gist of it was:
If you have a CCJ then they don't have to provide the CCA. Has the CCJ been passed or is this the paper work of them seeking a CCJ with the court stamp on it? YES IT IS BUT I AM TOLD JUDGMENT ENTERED END OF MAY - I PAID ALL FULLY 7TH OF JUNE - SO TOLD CCJ CAN BE REMOVED with receipt
pleasecheck with the court if in doubt of whether the CCJ has already been placed because it's 2 hugely different scenarios depending on if it has or hasn't yet.
The rest of your post... are you saying you have already PAID this money?? yes i have:mad: or made payments towards it? It is still possible to get a CCJ if you are only making token payments.
Thank you!
kel x0 -
i am told blue forms ? should have been received - found out these went to old address i had lived at - was told tough they'd been sent!!! but i never got these forms/letters?!?!:mad: would have defended etc....Actually not quite true Quote from Payplan in this instance:
Which is why you should NEVER EVER ignore court summons - you have to enter a defence!0 -
Hi there and many thanks for the welcome - really appreciated :ADeep_In_Debt wrote: »Hi Kel
Just wanted to say welcome. Can't really offer any advice other than to say isn't it great when you get your own back on these guys and get them in knots on the phone! I've done it a couple of times they've put the phone down on me!
If they haven't got a valid credit agreement, it means that it's unenforceable. You still have the debt but they can't enforce it in court.
aha....i am with u...
i really didnt have a clue till i joined this site!!
kel x0 -
Ok if you have paid the CCJ then that is different to asking for the CCAs really
SO you are saying you have paid the whole of the debt as per the CCJ? And yet they are atill chasing you? Sorry if asking the obvious just wanna make sure I don't write a whole page of reply and find out I've answered the wrong question lol!DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0
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