Unenforceability & Template Letters III

never-in-doubt

samhuzz wrote: »

Hi again NID

I settled both of the CCJs, one was for a house purchase I was going to do, but the woman pulled out and it was for solicitors fees I don't think I should have been landed with.

And did you admit it, obviously by paying it then you did! Point is, CCJ's can be removed but it depends on various factors. Did you pay within a month? If not did you get a certificate of satisfaction, i.e. the CRA's should show the CCJ as settled? Please clarify?

samhuzz wrote: »

The other was for a crap nursery that said I didn't give them notice I was leaving.

Same questions as above.

samhuzz wrote: »

They are both paid up, but stay on my file for six years

Well that depends on a lot of things, I am trying to establish if they obtained a CCJ after you'd moved so you never knew about it, in which case we could apply for set-aside. Being you've settled them anyway, the judge may well accept this as a plausible and reasonable excuse to have them BOTH set aside.

Stop being vague, there is a reason I ask the questions I do, unless you're happy to have them both sat there for 6 years of course?

samhuzz wrote: »

I think? I'll keep on paying the debts until I get the CCAs like you suggest. I will send the letters off tomorrow and see what they have to say.

Good Idea - also send recorded delivery, as proof of postage.

samhuzz wrote: »

Will they accept a cheque in my partner's name as I don't have a cheque book (not allowed :rotfl:so the bank says).

Yep - you can send a cheque in the name of Pope J Paul if you knew him, the fact is you're paying the £1 statutory fee, how you pay it matters little.

samhuzz wrote: »

I will try and get into writing to people instead of phoning them but it's annoying as I don't have word on this computer only at work and I can't get onto MSE at work!

Ok, well can't you use notepad? It is a word based program? Also there are free online equivalents nowadays, just google it....

samhuzz wrote: »

Thanks again for your help, I found my other thread asking for advice on F and F settlements and some people have replied, hope you don't mind but I recommended your thread to them.

:beer:
Cheers, Sam

No probs Sam..... best of luck.

5corpio

Hi NID thank you (I not good are Grammer - Gets all flustered lol)

A: Yes indivdual Barclay accts (were sold/bought years ago by them but unsure when lol) - All accounts opened were before the Apr 2006/7
1 posting*
The reply to my CCA 1st letter they quoted "noticed that the address quoted in my letter differs from the one we currently hold (even though they have responded to me for the last 8 mths & accepted money from me). they quoted: 'they would inform me that they will instruct Mercers Debt collection to send a default notice to me' (this assumes to me that it is not sold?) - Now Mercers are acting as an Agent for them: NOT been sold. . As they are acting as an agent (i am in middle of doing stage 1 letter to them now - 'Mercers'- as i might get somewhere**this refers to Barclay card sending back my £1.00 cheque payment**


2 posting *The other posting regarding to 'they sending seperate cover of my Credit Agreeement' i'll sit bk and wait as per your posting....

thank you so much (i wont waffle anymore as there is 3x Barclay Card accts - 2x sold to them lol)

samhuzz

never-in-doubt wrote: »

And did you admit it, obviously by paying it then you did! Point is, CCJ's can be removed but it depends on various factors. Did you pay within a month? If not did you get a certificate of satisfaction, i.e. the CRA's should show the CCJ as settled? Please clarify?



Same questions as above.



Well that depends on a lot of things, I am trying to establish if they obtained a CCJ after you'd moved so you never knew about it, in which case we could apply for set-aside. Being you've settled them anyway, the judge may well accept this as a plausible and reasonable excuse to have them BOTH set aside.

Stop being vague, there is a reason I ask the questions I do, unless you're happy to have them both sat there for 6 years of course?



Good Idea - also send recorded delivery, as proof of postage.



Yep - you can send a cheque in the name of Pope J Paul if you knew him, the fact is you're paying the £1 statutory fee, how you pay it matters little.



Ok, well can't you use notepad? It is a word based program? Also there are free online equivalents nowadays, just google it....



No probs Sam..... best of luck.

Sorry for being vague NID, guess I was just trying to point out how bad my credit rating was by mentioning the CCJs, they are both satisfied and I did have the certificates of satisfaction as I needed them to get a tenancy on a previous house, but I'm crap with paperwork and don't have them any more. Anyway, my credit rating is crap, I can't even get a card with Vanquis for Pete's sake!

I suppose I should get my credit report to see what's on there shouldn't I?
I will try notepad, or will email your letters to myself at work, whatever way, I will get them sent! Have you ever thought of setting up your own business doing this for a fee for people? You could undercut the leeches that do it! I would be your first customer if you did!

maz1964

Good Morning Niddy and gang

typical bank holiday for us decorating the kitchen and clearing out stuff got our dd 18th home party in a couple of weeks - oh to be 18 again with knowledge i have today;)

Got your email thanks, and yes i will tweek for my personal circumstances, just wanted to add though when i mentioned signatures, i didnt really fully explain - i did not get an actuall credit agreement with the terms of apr, credit limit, etc , only the supposed terms and conditions sheets at the time the supposed cca was taken out. thus no signatures sorry for my confussing explanation:o

While others ive read that they have been told their cca will come under seperate cover, my letter did not say this - of course they did add that the full outstanding bal is due and i should contact them to discuss a mutually acceptable repayment arrangement, hmmme and they havnt even got the balance owing right, silly people! (( however looking at what hubby got about a year ago, when i asked for his cca, he then got terms and conditions under seperate cover and never an actual cca! ))

i look forward to reading more on lloyds, and later i will email you my cca if you need to view it still?

cheers back to some clearing out clutter and then i will be back later to catch up with you all have fun:)

laters MAZ

never-in-doubt

samhuzz wrote: »

Sorry for being vague NID, guess I was just trying to point out how bad my credit rating was by mentioning the CCJs, they are both satisfied and I did have the certificates of satisfaction as I needed them to get a tenancy on a previous house, but I'm crap with paperwork and don't have them any more. Anyway, my credit rating is crap, I can't even get a card with Vanquis for Pete's sake!

I suppose I should get my credit report to see what's on there shouldn't I?
I will try notepad, or will email your letters to myself at work, whatever way, I will get them sent! Have you ever thought of setting up your own business doing this for a fee for people? You could undercut the leeches that do it! I would be your first customer if you did!

Hiya

Ok, well did you pay the CCJs within a month? Do you see what i'm trying to get at here?

Ok, if you paid within 30 days then they will be removed from your credit file, if you paid after one month then you get the certificate and they stay for 6 years.

HOWEVER lets assuem you moved and then they done the CCJ's and you never knew until AFTER they were awarded to the creditor, that gives you good enough reason to apply for set-aside.

You will not get any credit so long as the CCJ's remain, that includes vanquis ergo i'm seeing if we can get these removed before worrying too much about CCA's.... the CCJ's take precedence here!

Oh, i'd never set up shop - I am not in debt, never have been, but I hate the way the banks are treating people, I understand the CCA (sadly enough) and as such just help people out - cos it annoys the banks, more than anything

Seriously though, i'm not into making money out of what I do, I may as well call myself a CMC if I do that and I am nothing like them, your bank balance doesn't insterest me like it does them.

samhuzz

never-in-doubt wrote: »

Hiya

Ok, well did you pay the CCJs within a month? Do you see what i'm trying to get at here?

Ok, if you paid within 30 days then they will be removed from your credit file, if you paid after one month then you get the certificate and they stay for 6 years.

HOWEVER lets assuem you moved and then they done the CCJ's and you never knew until AFTER they were awarded to the creditor, that gives you good enough reason to apply for set-aside.

You will not get any credit so long as the CCJ's remain, that includes vanquis ergo i'm seeing if we can get these removed before worrying too much about CCA's.... the CCJ's take precedence here!

Oh, i'd never set up shop - I am not in debt, never have been, but I hate the way the banks are treating people, I understand the CCA (sadly enough) and as such just help people out - cos it annoys the banks, more than anything

Seriously though, i'm not into making money out of what I do, I may as well call myself a CMC if I do that and I am nothing like them, your bank balance doesn't insterest me like it does them.

I'm not sure how long after I paid them tbh, I wanted to get a copy of my credit rating off Experian on line but I don't have a debit/credit card and they wouldn't accept my partner's. Is there any other way of doing it online as I am impatient! I know for a fact that I definitely paid them in full, but I'm not sure how long after the event. I wonder if the six years is almost up on the CCJs as it was quite a while ago now, I'd love to know!

never-in-doubt

samhuzz wrote: »

I'm not sure how long after I paid them tbh, I wanted to get a copy of my credit rating off Experian on line but I don't have a debit/credit card and they wouldn't accept my partner's. Is there any other way of doing it online as I am impatient! I know for a fact that I definitely paid them in full, but I'm not sure how long after the event. I wonder if the six years is almost up on the CCJs as it was quite a while ago now, I'd love to know!

Hiya

You'd be best sending all 3 requests with £2 statutory fee and get them in paper copy...... see here:

Obtaining your Credit File(s) - From the Credit Reference Agencies
On occasion you'll need to see your credit files. Read here for details of what to do to in order to obtain them.

To see CCJ's, you usually go here to see what data they hold - http://www.trustonline.org.uk/ lets hope they are over 6yrs old eh!

Just give me a shout when you sort this out, and know more. In the meantime get the CCA requests sent off yea?

never-in-doubt

Could be interesting :cool:

Bank Employees

samhuzz

never-in-doubt wrote: »

Hiya

You'd be best sending all 3 requests with £2 statutory fee and get them in paper copy...... see here:



To see CCJ's, you usually go here to see what data they hold - http://www.trustonline.org.uk/ lets hope they are over 6yrs old eh!

Just give me a shout when you sort this out, and know more. In the meantime get the CCA requests sent off yea?

Ok thanks Nid, looked on that trust website and they only have one of my CCJs listed. It was as follows:

MRS sam huzz LEICESTER 29/06/06 £261 Judgment Satisfied (15/05/07)


It doesn't have my other one though, that was through Northampton Court, does that mean it's off my file now? I will do what you say and write to the CRAs though to see what else they have on me!

never-in-doubt

samhuzz wrote: »

Ok thanks Nid, looked on that trust website and they only have one of my CCJs listed. It was as follows:

MRS SAMHUZZ - CITY NAME - xxxxxxxx 29/06/06 £261 Judgment Satisfied (15/05/07)

It doesn't have my other one though, that was through Northampton Court, does that mean it's off my file now? I will do what you say and write to the CRAs though to see what else they have on me!

I'd assume the other is removed, however the one mentioned above was settled 11 months after issuance, ergo hard to apply for set-aside based on much, UNLESS it was issued after you moved and sent to wrong address.....

Your credit file won't show that, your memory will answer it :rotfl: