CCJ Advice

Tixy

The OFT debt collection guidance does have a clause along those lines - that is

o. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not valid

However I don't know that those guidelines would cover a debt which has been through the court process, the court has agreed that the debt is due and a CCJ granted.

dt3887

cheers tixy, very helpfull, i willl hit him with that IF they call me tomorow..

dt3887

another update. the case is now being dealt with by the VP of Operations of the company. however he is failing to respond to my request for suspension of deductions as it is under dispute

dt3887

got a reply back to me directly asking them to stop teh deductions as the debt was in dispute, this is what i got:

Acknowledge receipt of your email.

As per my earlier email. I am reviewing your file and hope to revert back shortly.

Regards

dt3887

got a reply back today aswell. their final response. see below:

We have now reviewed your complaint and come to the following conclusions.
On the 6th June 2011 you applied for a loan with us and received a Loan Agreement with the supporting documentation.
We received the signed contract back from you on the 7th June 2011 with the other requested paperwork and the funds were credited to your account on the 10th June 2011.
As stated on the Loan Agreement, your first repayment was due on the 30th June 2011.
This repayment in the amount of £160.00 was successfully collected via a Direct Debit; however, on the 11th July 2011 we were informed that you had reclaimed the monies taken under the Direct Debit Guarantee.
After trying to contact you by phone, a Default Notice was posted to you on the 12th July 2011.
We heard nothing further from you so on the 3rd August 2011 we issued a claim against you in Willesden County Court.
On the 25th August 2011, the date on the Notice of Issue, we requested judgment against you as no defence had been filed.
On the 31st August 2011, we received Judgment from the court, stating that you were to repay us in monthly instalments of £100.00.
This Judgment was sent to your employer on the 2nd September 2011 and we received confirmation on the 6th September 2011 that compulsory deductions would commence from November 2011.
On the 26th October 2011 we received a further letter from your employer to say that you had disputed the debt. We were informed that we should write again if we had heard nothing further within eight weeks.
We again heard nothing further from you after trying to contact you in this period by telephone and email so on the 3rd January 2012 we wrote back to your employer and received confirmation on the 9th January 2012 that compulsory deductions would commence from February 2012.
We received the first instalment payment in the amount of £100.00 as per the court Judgment on the 29th February 2012.
It was not until this point that we started to receive correspondence from you.
You have stated in recent emails that several letters have been sent to us; however, upon investigation, the letters attached to your email dated the 12th March 2012 were not created on the dates indicated.
Take this letter as our final response to your complaint.

I replied with this:

I have received your response regarding my complaint, and again you have referred to the creation date of my letters that I sent you, DESPITE informing by telephone and email, that the creation date on these letters IS THE DATE I SAVED THEM ONTO MY WORK COMPUTER, and have stated that I can send the originals from my home computer if required, and have been told they are not required yet. If you still stand by your decision, I am left with no alternative but to take the required action via the legal system.
You state that it was not until the end of Feb. that I contacted you, when infact it was the end of Feb. after you started to receive money that you finally returned my large amount of calls.
If the court sides with me, I will seek to then take further action against your company for the amount of distress this has caused me, and the embarrassment and disrepute this has caused by bringing my employer into this issue.
I have also requested several times, including directly to you, that you send me a copy of the signed agreement which you have failed to do, as well as failing to follow the code of practice regarding collecting this money while the debt is in dispute. This will all be presented to the courts if I take that action.

Bravehearted_2

Never deal with credit agreements or its lenders via email.

No choice now but to use the courts.

[Deleted User]

On the 31st August 2011, we received Judgement from the court, stating that you were to repay us in monthly instalments of £100.00.

So the court decided you should make monthly payments, of the amount you say you were told to pay, when you took out the loan?

Odd that they didn't set the payments, at the amount the loan company say the agreement says :huh: