CCJs and property restrictions

thehog

RAS wrote: »

Please can you get together all the communications you have had re this account since the default letter was issued and get them into date order.

Will be back.

All done - set up a proper file with all correspondence and envelopes proving which letters were sent via which class.

RAS

Ok

Sometime after that default letter (the one you posted on here), probably about three weeks afterwards, and before the CCJ papers, you got a termination letter. Basically saying that since you have not coughed up the money they would terminate the agreement to lend you money. Can you find that, please?

thehog

RAS wrote: »

Ok

Sometime after that default letter (the one you posted on here), probably about three weeks afterwards, and before the CCJ papers, you got a termination letter. Basically saying that since you have not coughed up the money they would terminate the agreement to lend you money. Can you find that, please?

Hi RAS,

Thanks for your response.

I never received a termination letter. I verbally requested one from Optima Legal and what they sent me was another copy of the DN. I wrote to them on 7 June 2010 asking for their written confirmation that the DN constitutes their client's termination of the agreement. To date I have heard nothing.

RAS

OK

Can I ask if you have nbeen sent the original CCA following the SAR?

thehog

I have requested a copy of the CCA and the 2 plus 12 days is up on 29 June. The cheque sent with the request has not been cashed. I think the request crossed with the CCJ papers being issued.

RAS

Did you do a SAR?

thehog

I haven't done a SAR as I didn't have £10 to pay for it :@(

I'm guessing it's too late to do one now?

10past6

thehog wrote: »

I never received a termination letter

If the WHOLE amount has been claimed on the court papers, you can take the a/c has been terminated.

10past6

thehog wrote: »

I have requested a copy of the CCA

Even if the CCA is enforceable the DN is defective, you win both ways.

thehog

Thanks 10past6 - much appreciated. The whole amount has been claimed on the court papers so presumably I cannot use the fact that the collectors have not provided a copy of the termination notice in my CCJ defence?