Capital Credit Management Threatening Court Action

ndmk0201

Ok, just done the online thing, have found a letter template through your link and will proceed to request a copy of the agreement and the default as mentioned in the claim.

So if I get this right, if they can't produce these the claim will likely go in my favour if they can, I can admit the claim and

a: pay back in full within 28 days and the CCJ will not be held on file
b: pay back in agreed payment plan and CCJ will be recorded

Is this correct?

nottoolate

dont just blindly copy a template from there. post there and ask for help.

payday loans from 2009 taken out online would not need a signed agreement paper credit agreement. so you probably have to change the wording of any standard request to demand other sorts of proof

V.Annoyed

Hi! This sounds exactly like the scenario I'm going through right now except that CCM were claiming I had 2 different debts with MEM Consumer Finance. I sent a letter of dispute to them which was completely ignored. Then they sent one more letter for the smaller debt and I also had a letter appear from Mackenzie Hall for the larger debt. Then this weekend I received a court order in the post, the day after I sent a letter to both requesting the original credit agreement.

I've never taken out a Payday loan in my life so I know this debt doesn't belong to me. Luckily they only have my address, although I've noticed that Lowell Portfolio searched my credit record last year and an employee of their's has looked at my LinkedIn account recently.

My nightmare scenario is that I'll have to pay for someone using my name fraudulently and get a CCJ at the same time.

nottoolate

V.Annoyed wrote: »

Then this weekend I received a court order in the post, the day after I sent a letter to both requesting the original credit agreement.

if its not your debt then apply to have the ccj set aside

nottoolate

someone else with a claim form from them

http://www.consumeractiongroup.co.uk/forum/showthread.php?364090-DCA-letters-chasing-a-debt-I-do-not-know-anything-about.-Payday-UK-claim-form-received/page2

V.Annoyed

That's me again actually. I'm getting great help from there and on this forum. Still can't get over all the legal loopholes you have to jump through to prove your own innocence.

Lensman_2

nottoolate wrote: »

dont just blindly copy a template from there. post there and ask for help.

I cannot stress strongly enough how good nottoolate's advice is.

Each case is individual. Civil Procedure Rules are complex and require complying with if you are going to avoid a judgment by default or summary judgment. It is NOT a matter for template letters.

Either of which could see judgment entered for a debt that is not yours and a claim you started defending but (for an extreme example) missed a deadline for.

You really should either get legal advice or post a thread on the CAG website for advice.

If you are going it alone, read the success stories to know what attention to detail, timescales and patience are required to successfully defend a County Court claim.

Lensman_2

V.Annoyed wrote: »

That's me again actually. I'm getting great help from there and on this forum. Still can't get over all the legal loopholes you have to jump through to prove your own innocence.

When you win, please celebrate with a bottle of champagne while you pen a sharply worded letter of complaint to the SRA about the conduct of one of its members.

I suspect he might follow the pattern of another well known solicitor and fold at the first sign of a good defence.

eyeopener2

I had a fishing email from this lot a few days ago. Yes I had a loan with Payday UK but it has been paid back, in February 2011, through CCCS to Mackenzie Hall who picked up the debt.

It will be interesting to see how this thread develops. I will let you know if I hear anything more.

E2

V.Annoyed

Just wondering if it's worth getting a solicitor involved with this or should I go it alone. I asked for advice from the CAB but they couldn't really help me as I earn more than their maximum to qualify for help.