Unenforceability & Template Letters II

Afroking

The exact amount on CCJ is £1143 as per my Equifax CR.

It would appear the notice was served at my previous address. I am certain though that I informed all my creditors. I have never received anything even at my old address, I had even set up a mail redirect for 6 months from July 2007 (Time I moved out of my old address). So they now have my current address as I spoke to them about the CCJ but they were not helpful all the said was the want the money as per the CCJ request which they quoted as £125 per calendar month. They however also want proof that I had been sending the cheques, which have clearly be drawn from my account. I am more than happy for 10past6 or any other person you deem more knowledgeable in this area to respond to me.

Thank you very much once again. I'm beginning to feel a little bit better.

never-in-doubt

Afroking wrote: »

The exact amount on CCJ is £1143 as per my Equifax CR.

It would appear the notice was served at my previous address. I am certain though that I informed all my creditors. I have never received anything even at my old address, I had even set up a mail redirect for 6 months from July 2007 (Time I moved out of my old address). So they now have my current address as I spoke to them about the CCJ but they were not helpful all the said was the want the money as per the CCJ request which they quoted as £125 per calendar month. They however also want proof that I had been sending the cheques, which have clearly be drawn from my account. I am more than happy for 10past6 or any other person you deem more knowledgeable in this area to respond to me.

Thank you very much once again. I'm beginning to feel a little bit better.

Ok, well if you moved in July 07 and the CCJ was added Feb 08 (do the maths) that's 7 months so the redirect would have expired prior to the ccj being issued..... That could explain why you never recieved it.

Ok, well hold fire for 10past6 and see what he says but he will tell you to SAR Howard Cohen, that's what i'd do! lol. Make sure it is the advanced one and add a line in there to include copies of any cheques or records (dates and values) of any payments received in the period May 2008 - October 2009.

10past6

Hi

I've received your PMs, first and foremost, did you receive the initial court claim from Howard Cohen?, if so, did you admit the claim?

ejc81

Hi N-I-D, thanks for the response,

never-in-doubt wrote: »

If you never had a debt then why did they default you? What is the settled amount or the amount you were claimed to owe at the time of default? If you are certain you're in the right then contact the ICO, FOS and the CRA's with this template (you will need to edit it to suit your needs): 7. Request copy of Default Notice - Formal Demand


Good Luck

It's complicated! The original debt for £1200 HP with HFC. They cocked up the paperwork (it should have been direct debit but something went wrong at their end) and the next thing I heard of it was a demand from capquest for £1670 no mention of any defaults. They sent me a settlement offer for £1200ish which I paid. This was all in 2006.

Then 07/08 I get a demand from 1st credit?? for £668?? for the same HFC debt??!! I rang them and they said to send them proof that it was paid so I sent them payment dates etc and a copy of the settlement offer from capquest. A few weeks later I got the same demand so sent another letter and included the previous one. I've heard nothing from them since and then found a default for £668 from 1st credit had been added to my CR in 2009 when I checked my CR :mad:

So do I request default notice from 1st credit? How could they default me when I had settled with HFC/Capquest already and sent them all the details!


Very grateful for any advice EJ

ejc81

never-in-doubt wrote: »

You'd be best starting your own new thread cos you'll have more chance of winning lottery than getting 3 defaults removed. Sorry, but once they are on - they are on! :eek:

:whistle:cos this is an unenforceability thread, not default removal mate :whistle:

Good Luck

Sorry I just thought that maybe if the CCA's were unenforceable that maybe I could argue for the defaults removed *begs in sheer desperation* I haven't had the default notices for mint or lloyds either! Will try a new thread

Thanks EJ

Afroking

10past6 wrote: »

Hi

I've received your PMs, first and foremost, did you receive the initial court claim from Howard Cohen?, if so, did you admit the claim?

Hi 10past6, thank you for getting back to me. I have never received anything from Howard Cohen and Co. I only knew of the CCJ last week when an Estate agent did a Credit check. I then called the Northampton Court who told me that it was CL Finance regard an HSBC CC and was filed by Howard Cohen and Co.

never-in-doubt

ejc81 wrote: »

So do I request default notice from 1st credit? How could they default me when I had settled with HFC/Capquest already and sent them all the details!

Hiya

Ok, now you've explained it you should be able to get it removed. I'd first off send the DCA (1st credit) a strong letter advising what you've just told us above - demanding removal of default - also enclose another copy of proof of payment/settlement letter.

Demand they remove the default or else you'll be seeking legal advice for libel, being they have incorrectly and unlawfully added a default notice which is a direct breach of the provisions of s.87 & s.88 of CCA(1974).

Give them 21 days to respond and have the default and all trace of them removed from your credit file, as the account was settled at the time you made the payment.

Send it recorded so you have proof of delivery/signature - They should comply - post back on here when you've got a response and i'll take a look. If they refuse i'll do you a letter which will make them think twice, but for now just send a strongly worded one mentioning the bits above.

If you want to give me specifics (such as dates and exact amounts and default date etc) I will do you a letter later tonight or tomorrow night when I have more time?

Just let me know......

never-in-doubt

ejc81 wrote: »

Sorry I just thought that maybe if the CCA's were unenforceable that maybe I could argue for the defaults removed *begs in sheer desperation* I haven't had the default notices for mint or lloyds either! Will try a new thread

Thanks EJ

Regards to the default notices (or lack of) - have a read here, the links within may help you out a little

Invalid Default Notices - Default Removal

10past6

never-in-doubt wrote: »

i'd also be looking at why you never received a Notice of Assignment, Default Notice/Notice of Termination (Termination Letter) or the CCJ - something doesn't seem right for all 3 legal documents not to have arrived

How did Cohen become involved in this debt? in other words, what prompted you to start paying them back in 2008?

never-in-doubt

10past6 wrote: »

How did Cohen become involved in this debt? in other words, what prompted you to start paying them back in 2008?

I thought (hoped) you'd pick up on that point mate - i'm hoping it could make the CCJ invalid cos by the sounds of it nothing was sent but bear in mind the dates - he said he moved July 07 and they added CCJ Feb 08 which was a month after post divert stopped.... :think:

Sorry, just saying lol



over & out :rotfl: