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Hello All
I posted here back in Oct last year about some CCJ that our friends over in Cabot Financial and their gang, Restons had managed to get onto my file.
Quick reminder: I bought sofas in 2008 under interest free credit, under the terms, unbeknownst to me, after the IF period was up, I was meant to manually transfer the cash over to Creation Finance as opposed to it being automatically being debited from my account which to me seemed like an obvious choice at point of sale because a) they took my bank details b) the salesperson didnt really explain to me the contrary.
Fast forward 10 months, no money debited, despite a balance, and then a month later £78.77 debited and then again another month later.
I called CF up and asked for an explanation which is where I found out what was going on. I told them that I had had no idea these were the terms, and then cut them a cheque for £1500 minus the 2 payments. I got a letter saying these were the terms and then I was locked in for 3yrs to pay 30% interest etc on the 1500.
Fast forward....3 years (Jan '13) and Creation Finance have said that I'm in default on my record (I dont think they sent me a default notice but I am checking that). In the meantime I had sent them a couple of letters saying that I wasn't in default because a) the terms weren't made clear to me and b) I have paid off the principal 3 years ago.
Jan 14 debt has been sold off a couple more times and now I get a letter from Restons to my old address which I didnt receive until April saying their intention to go to court etc. I didn't see this (old address) and by the time I find out, the judgement has happened and I have a nice CCJ on my account - d'oh.
Its now July '14 and Im losing my mind.
I applied to have judgement set aside, went to Court and in my application to set aside mention that I paid the principal back in Jan 2010, which I also sent to Reston's who then deem they wont come to the hearing and the judgement is now gone - yayy.
Now, I have a paper hearing because they're still claiming that interest charge of £1300 from me which Creation Finance would have received had I done the 3year term of loan etc.
My question is, do I have any possibility of a Statue Barred defence based on the fact that I have never acknowledged that I owe them for the amount that theyre claiming which is wholly interest on a loan that I paid off admittedly 3 months after it was due and with two debt service payments (the 2 direct debits), but still paid off?
My current plan (I am submitting my reply to their statement this week) is to base my defence on the relationship was unfair under S140 of CCA, but as of yet, I cannot find precedent nor clause which would help me to say that since I paid the principal on the loan 5 years ago, their claim for 3y interest is a joke.
Any ideas??
I posted here back in Oct last year about some CCJ that our friends over in Cabot Financial and their gang, Restons had managed to get onto my file.
Quick reminder: I bought sofas in 2008 under interest free credit, under the terms, unbeknownst to me, after the IF period was up, I was meant to manually transfer the cash over to Creation Finance as opposed to it being automatically being debited from my account which to me seemed like an obvious choice at point of sale because a) they took my bank details b) the salesperson didnt really explain to me the contrary.
Fast forward 10 months, no money debited, despite a balance, and then a month later £78.77 debited and then again another month later.
I called CF up and asked for an explanation which is where I found out what was going on. I told them that I had had no idea these were the terms, and then cut them a cheque for £1500 minus the 2 payments. I got a letter saying these were the terms and then I was locked in for 3yrs to pay 30% interest etc on the 1500.
Fast forward....3 years (Jan '13) and Creation Finance have said that I'm in default on my record (I dont think they sent me a default notice but I am checking that). In the meantime I had sent them a couple of letters saying that I wasn't in default because a) the terms weren't made clear to me and b) I have paid off the principal 3 years ago.
Jan 14 debt has been sold off a couple more times and now I get a letter from Restons to my old address which I didnt receive until April saying their intention to go to court etc. I didn't see this (old address) and by the time I find out, the judgement has happened and I have a nice CCJ on my account - d'oh.
Its now July '14 and Im losing my mind.
I applied to have judgement set aside, went to Court and in my application to set aside mention that I paid the principal back in Jan 2010, which I also sent to Reston's who then deem they wont come to the hearing and the judgement is now gone - yayy.
Now, I have a paper hearing because they're still claiming that interest charge of £1300 from me which Creation Finance would have received had I done the 3year term of loan etc.
My question is, do I have any possibility of a Statue Barred defence based on the fact that I have never acknowledged that I owe them for the amount that theyre claiming which is wholly interest on a loan that I paid off admittedly 3 months after it was due and with two debt service payments (the 2 direct debits), but still paid off?
My current plan (I am submitting my reply to their statement this week) is to base my defence on the relationship was unfair under S140 of CCA, but as of yet, I cannot find precedent nor clause which would help me to say that since I paid the principal on the loan 5 years ago, their claim for 3y interest is a joke.
Any ideas??
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