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ccj letter from agency

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Comments

  • sourcrates
    sourcrates Posts: 32,050 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    TiddlyPom wrote: »
    Good point. Thank you. I take it paying with a card is a no no as they would have all the banking details and that a chequenwould be the ideal way to settle?

    There are various methods where you don't share card information, online banking is one, sending a cheque another.

    If you wanted to be pedantic you could send a Hugh box of pennies !!!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • TiddlyPom
    TiddlyPom Posts: 211 Forumite
    Many thanks sourcrates. Much appreciated.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Is this mobile phone related ?
    I do Contracts, all day every day.
  • bazcoupe
    bazcoupe Posts: 5 Forumite
    no is an old catalogue debt
  • fatbelly
    fatbelly Posts: 23,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 2 May 2016 at 10:00AM
    bazcoupe wrote: »
    recieved a letter from bw legal acting on behalf of lowell for a debt that was defaulted in september 2012. they have threatened a county court judgment with added costs etc. my question is if i ignore this (as i suspect it may be a shallow threat) and they do issue me with ccj papers, could i then pay it within 14 days and stop the ccj proceding. or when they issue the ccj papers is there no stopping it then .

    thanks
    bazcoupe wrote: »
    no is an old catalogue debt

    Until about 2007, catalogue companies did not usually insist on getting a signature on a consumer credit agreement. If there never was one, and the account is pre-april 2007, then the account is already unenforceable under s127 CCA and stays that way.

    If you made a formal s77-9 request for a copy of your agreement now, then the account is unenforceable under those sections until they comply, and if they admit there never was one, it's game over.

    If they start a court claim, you would defend it. You would need to pay up within a month if you lost and got the judgement against you.
  • sourcrates
    sourcrates Posts: 32,050 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    fatbelly wrote: »
    Until about 2007, catalogue companies did not usually insist on getting a signature on a consumer credit agreement. If there never was one, and the account is pre-april 2007, then the account is unenforceable under s127 CCA.

    If you made a formal s77-9 request for a copy of your agreement, then the account is unenforceable under those sections until they comply.
    .



    I second this, you should do it ASAP, throw a spanner in there works, so to speak, as everything has to be put "on hold", inc legal action, until the request for information is dealt with.


    National Debtline have the most up to date version template letter you can use, on there website.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Was in a similar situation with a catalogue debt with the same companies.

    I tried the CCA request and they sent something that was unsigned and generic but claimed it was valid.

    It's not an idle threat to issue a claim, I got a letter saying they were planning on issuing a claim within 14 days. On day 10 I called with a settlement offer which they refused as the claim had already been made and I just hadn't received the documents yet, they state within 14 days but could issue on day one if they want to.

    I ended up having to pay about £120 more than planned and above what was actually owed because I held off calling. A couple of days later the claim forms arrived but, thankfully I'd already paid it off.
  • bazcoupe
    bazcoupe Posts: 5 Forumite
    thanks am going to go down this route with the cca letter has any one got a link to the letter as i am haing trouble finding it and dont want to send the wrong one
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    The best settlement figure rounded on with Lowell is 35p in the pound of the initial debt , nobody has budged them below this .
    I do Contracts, all day every day.
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