Selling of Debt and now a CCJ

Just_Di

Extankman wrote: »

E-Mail from old DMP Company reads:

"We have checked your file and we don’t have a copy of agreement for Welcome Finance unfortunately. We can see that you did ask us to request a copy of the credit agreement on 24th November 2016, as you believed you may have been sold PPI and wanted to check. We never received a response from Welcome Finance. As your payments towards your Debt Management Plan stopped in February 2017, this wasn’t chased up. So we don’t hold any documents relating to this account. "

From what you say that sounds as if you asked your DMP provider to check for a potential PPI reclaim so they asked the original creditor (Welcome) for a copy of the credit agreement for evidence of PPI being requested.

This would not have been the same as a formal s77-79 CCA Request unless it was specifically worded as a s77-79 CCA Request sent together with the £1 statutory fee. Was it? And if so do you have a copy of the CCA Request?

If it wasn’t a formal CCA Request (in 2014) then you won’t be able to argue non compliance as part of your Defence if the CCJ is successfully set-aside.

However If the set aside Application is successful then you should immediately make a s77-79 CCA Request to PRA.

Di

twhitehousescat

his would not have been the same as a formal s77-79 CCA Request unless it was specifically worded as a s77-79 CCA Request sent together with the £1 statutory fee. Was it? And if so do you have a copy of the CCA Request?

would this be negligence on behalf of the DMC

Just_Di

Extankman wrote: »

Is it worth requesting a SAR also to PRA?

I’m not sure how that would help you at this stage since according to the Particulars of Claim they (PRA) acquired the debt from Aktiv Kapital not Welcome.

You can’t send a Subject Access Request to Welcome since the business no longer exists.

Di

Just_Di

twhitehousescat wrote: »

would this be negligence on behalf of the DMC

I suppose that might depend on what the OP ‘instructed’ them to do.

If it was a paid for DMP provider it’s possible that the motivation for the PPI reclaim came from the business who may have agreed/arranged to charge a percentage fee of any refund achieved like a CMC does.

That’s just my cynical view

However it’s also possible that the DMP provider was offering an ‘unenforceable debt’ service to wipe out the debt. In that case a formal s77-79 CCA Request with the £1 statutory fee would have been essential for it to have been valid.

Maybe the OP can clarify things.

Di

PixelPound

Extankman wrote: »

Thanks Nic. So do you think my request for a set aside should be that a CCA was previously requested and could not be supplied?

Should I send a CCA request to PRA?

Is it worth requesting a SAR also to PRA?

Can I email PRA and ask they agree to a set aside before approaching the court or should I just ask the court and explain that previous requests to supply a signed CCA was not forthcoming and this was made in 2014?

You deal with whoever own the debt now it's their responsibility to provide it if they wish to enforce the debt. At present you need to tell them that at such time as they can provide a copy, the debt is unenforceable and they need to cease writing/calling you.

You don't have to limit what you put in the set aside to one, but I would recommend getting proper independent legal advice on what to put rather than just relying on a forum.

fatbelly

nic_c wrote: »

You deal with whoever own the debt now it's their responsibility to provide it if they wish to enforce the debt. At present you need to tell them that at such time as they can provide a copy, the debt is unenforceable and they need to cease writing/calling you.

You don't have to limit what you put in the set aside to one, but I would recommend getting proper independent legal advice on what to put rather than just relying on a forum.

There's already a ccj on this, Nic. They don't have to provide anything. As this was probably a forthwith judgement and no payment has been made, it can be enforced.

Extankman

Just_Di wrote: »

I suppose that might depend on what the OP ‘instructed’ them to do.

Di

It was a paid for DMP and they are not forthcoming with any further info other than what they said in the email yesterday.
"If it was a paid for DMP provider it’s possible that the motivation for the PPI reclaim came from the business who may have agreed/arranged to charge a percentage fee of any refund achieved like a CMC does."

I would also believe this may have been the case with them also but without sending them a SAR and obtaining I wouldn't know for sure, although they claim to have no info on their files for this debt

"However it’s also possible that the DMP provider was offering an ‘unenforceable debt’ service to wipe out the debt. In that case a formal s77-79 CCA Request with the £1 statutory fee would have been essential for it to have been valid."

I honestly can't remember the conversation any more, I vaguely recall them asking me and i said check with any and all of my creditors who were on the DMP file at the time for PPI my view being that if any PPI did come from anything it would, at the very least be knocked off the balance

Just_Di

Extankman wrote: »

It was a paid for DMP and they are not forthcoming with any further info other than what they said in the email yesterday.

. . . . I would also believe this may have been the case with them also but without sending them a SAR and obtaining I wouldn't know for sure, although they claim to have no info on their files for this debt

. . . I honestly can't remember the conversation any more, I vaguely recall them asking me and i said check with any and all of my creditors who were on the DMP file at the time for PPI my view being that if any PPI did come from anything it would, at the very least be knocked off the balance

From what you say you (personally) didn't send a s77-79 CCA Request but they may have sent one as your agent. However for that Request to have been valid it should have been correctly worded and accompanied by the £1 statutory fee, not a routine letter seeking information on PPI.

Maybe the only way you'll know is to send them (DMP provider) a SAR despite them not being forthcoming - they probably hold some data since you were paying them for years(?).

Also it seems that whatever happened this was done between your DMP provider and Aktiv Kapital in 2015 (or was it 2016?), but unless I've misunderstood (it happens ) Welcome assigned the debt to Aktiv Kapital in 2013. However AK was dissolved in 2014 which could explain the non-response in 2015 (or 2016) otherwise I would have suggested you send a SAR to them (AK).

However PRA owned the debt from end of 2014 according to the Particulars of Claim so is there a possibility that a s77-79 CCA Request was sent to PRA? Your DMP providers email suggests payments stopped in 2017 but isn't clear on who they were paying at the time they stopped.

It seems as if your DMP provider was approaching Welcome for a potential PPI misselling refund, which would quite properly have been dealt with by the original creditor.

If/when you get the CCJ set-aside you can send PRA a s77-79 CCA Request if there isn't any evidence of one being sent to Aktiv Kapital in 2015 which may not be relevant in any event if they were not the debt owner at the time.

Di

PS I've edited this post several times since the date information is inconsistent in various posts.

Just_Di

Extankman wrote: »

Can I email PRA and ask they agree to a set aside before approaching the court

It can be a good idea to approach the Judgment Creditor to invite them to consent to a set-aside to avoid court/legal costs.

They should know that this means you will be asking the court to pay your costs if they (PRA) have been unreasonable by refusing to consent.

In the very least your approach will put them on notice that you intend to make the Application so hopefully they won't attempt enforcement since you could ask the court to suspend any enforcement action pending the outcome of your Application for a set-aside.

I hope that makes sense

Maybe you should get help with the Application process. See if there's a LawWorks clinic in your area or whether they can refer you to a free legal advice resource such as Advocate (formerly known as the Bar Pro Bono Unit) > https://www.lawworks.org.uk/legal-advice-individuals

Di

Extankman

Thanks Di

I'll look to seek legal assistance in the new year as I'm not going to get any response from the court or PRA now until then I'm assuming. It'll give me time to fill the N244 in correctly. I've sent you a PM regarding a draft statement to see if it makes sense if that's ok? But I am very grateful for advice on where we are up to now