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advice please
aggie_10
Posts: 13 Forumite
Although in a dmp untilhouse sale went through, Drydens went for CCJ and wanted a charging order, nationwide were told twice the house was sold subject to contract, on advice of my solicitor did not tell drydens as nothing was signed. tried to appeal to better nature to avoid ccj. Ha ha.
My solicitor who gave advice free of charge as she detested lawyers who are really scary debt collectors told me when I paid in full to sent postal order to drydens for copy of signed credit card agreement. They dont have it, and say they dont need it to take people to court.
Is this right? I never disputed the money was owed and the dmp was set up until I was in a position to pay. I am fuming over the ccj and their refusal to cooperate with payplan.
What would you do next, do I have the right to compain, if so where?
My solicitor who gave advice free of charge as she detested lawyers who are really scary debt collectors told me when I paid in full to sent postal order to drydens for copy of signed credit card agreement. They dont have it, and say they dont need it to take people to court.
Is this right? I never disputed the money was owed and the dmp was set up until I was in a position to pay. I am fuming over the ccj and their refusal to cooperate with payplan.
What would you do next, do I have the right to compain, if so where?
0
Comments
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How long ago did you send the customer credit agreement (CCA) request? Has this gone to court yet?
There is an argument if they cannot produce the CCA that the CCJ should not have been awarded as there is no proof that the debt is yours.
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/127800-some-good-news-share-2.html?highlight=CCJAfter falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
this went to court and ccj was given from the outset drydens were only interested in obtaining a charging order, regardless of any other creditor
I have now paid this ccj, and will apply for certificate to say it is discharged, This affected my prospects in the home rental market, but managed to find a sympathetic landlord.
My question is should they have taken me to court without a copy of cca in their possesion. I have spoken to drydens by phone and they say they dont have a copy of it.
My wish is to compain to anyone and everyone i can to try to prevent other people feeeling as intimidated and bullied as I was, and as far as i can tell oft guidelines were not followed.0 -
If the debt is now settled, not sure what can be done. The info in the link i provided i only found out about the other day. They could argue that even if they didn't have a copy of the CCA then it may he been possible for them to obtain it from the original creditor.
Not sure if you can have a CCJ set aside after it has been settled. Possibly worth asking on the CAG board as they have a better handle on the legalities.After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110
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