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ccj set aside help

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  • #16
    Re: ccj set aside help

    Just another question re something the judge said and I may have been a bit misleading in my early posts, the original agreement or taking out of the card was 2004, so obviously the default was after that but as I mentioned was certainly over 6 six years ago,

    so my question if I send for the cca will they only supply me with the date I took the card out or will they also supply details of when card was last used or payment made, if not any ideas where I can get that info from? Thanks again

    Comment


    • #17
      Re: ccj set aside help

      Originally posted by Les-looking View Post
      Just another question re something the judge said and I may have been a bit misleading in my early posts, the original agreement or taking out of the card was 2004, so obviously the default was after that but as I mentioned was certainly over 6 six years ago,

      so my question if I send for the cca will they only supply me with the date I took the card out or will they also supply details of when card was last used or payment made, if not any ideas where I can get that info from? Thanks again

      A CCA request is specific for the agreement and a current statement of the account.

      Information such as you mention would have to be obtained from the card provider, either by making a Subject Access Request under the provisions of the Data Protection Act 1998 or you could try phoning the card provider and asking if they can provide the information.

      Creditors only have to store data for 6 years after the account was closed.

      nem

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      • #18
        Re: ccj set aside help

        Originally posted by nemesis45 View Post
        A CCA request is specific for the agreement and a current statement of the account.

        Information such as you mention would have to be obtained from the card provider, either by making a Subject Access Request under the provisions of the Data Protection Act 1998 or you could try phoning the card provider and asking if they can provide the information.

        Creditors only have to store data for 6 years after the account was closed.

        nem
        thanks for that, sorry for all the questions do I send the request for CCA to Cabot or their solicitors just want to make sue I make good the time I have.

        Comment


        • #19
          Re: ccj set aside help

          Originally posted by Les-looking View Post
          thanks for that, sorry for all the questions do I send the request for CCA to Cabot or their solicitors just want to make sue I make good the time I have.
          CCA to Cabot as the claimant. CPR to solicitors.

          nem

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          • #20
            Re: ccj set aside help

            Originally posted by nemesis45 View Post
            CCA to Cabot as the claimant. CPR to solicitors.

            nem
            Thank you:stars:

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            • #21
              Re: ccj set aside help

              It sounds as though you have everything about to get underway.

              I just wanted to make a small point:

              Originally posted by R0b View Post
              It sounds like they are trying to get you to admit that you owe them the money which will of course reset the clock if you acknowledge the debt is owed..
              You don't need to worry about this. If it is statute barred, then nothing you say now can reset the clock and mean that it is not statute barred.

              Comment


              • #22
                Re: ccj set aside help

                Originally posted by Debt Camel View Post
                It sounds as though you have everything about to get underway.

                I just wanted to make a small point:



                You don't need to worry about this. If it is statute barred, then nothing you say now can reset the clock and mean that it is not statute barred.
                Yes you are right if it is indeed statute barred
                If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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                • #23
                  Re: ccj set aside help

                  Thanks again to you both, I have spent about an hour on the phone to capital one I knew my old phone number, post code etc but not card number, and eventually I was told as debt has been sold to Cabot they had no information, so doubt me sending any application to them with get me any further, I was told to ring Cabot :taunt:that won't be happening.

                  Comment

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                  SHORTCUTS


                  First Steps
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                  Income/Expenditure
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                  CCA Request
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                  Subject Access Request Letter
                  Example Defence
                  Set Aside Application
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