Hello

[jiffybizzle]

Hi everyone,

just signed up today after seeing plenty of good advice, hope you guys can help me out as this is my first legal problem I'm new to all this.

Jiffy

[PAWS]

Re: Hello

Hello Jiffy!
If you give a brief outline of your problem I’m sure one of the cleaver chaps will be able to help you.

[MIKE770]

Re: Hello

Hi everyone,

just signed up today after seeing plenty of good advice, hope you guys can help me out as this is my first legal problem I'm new to all this.

Jiffy

Give a brief history/up to date info for peeps to digest and advise/comment

[jiffybizzle]

Re: Hello

Ok , I have recently attended a county court hearing regarding an old credit card debt that had been sold on to a certain agency. I did not acknowledge that i owed the debt agency any money but the credit card is an old legitimate debt of mine that had one more year till the six year mark. I defended saying that i had no financial dealings with the debt agency, i owed them no money and that i had received no proof that that they could collect the debt. The claimants paperwork arrived on the court day and included the credit card agreement but no default letter or assignment of debt letter to which i addressed.The ruling was that the claimant was to provide the assignment of debt letter and that i was to file an amended defence . They failed to do this by the set time that was ordered but the judge granted an extension and the assignment of debt letter was filed on the last day.so i received a letter saying that i have until the 30th of July to file an amended defence .

I think now my only option is to try and negotiate with the collector and avoid a ccj?

[Amethyst]

Re: Hello

Ok , I have recently attended a county court hearing regarding an old credit card debt that had been sold on to a certain agency. I did not acknowledge that i owed the debt agency any money but the credit card is an old legitimate debt of mine that had one more year till the six year mark. I defended saying that i had no financial dealings with the debt agency, i owed them no money and that i had received no proof that that they could collect the debt. The claimants paperwork arrived on the court day and included the credit card agreement but no default letter or assignment of debt letter to which i addressed.The ruling was that the claimant was to provide the assignment of debt letter and that i was to file an amended defence . They failed to do this by the set time that was ordered but the judge granted an extension and the assignment of debt letter was filed on the last day.so i received a letter saying that i have until the 30th of July to file an amended defence .

I think now my only option is to try and negotiate with the collector and avoid a ccj?

That really depends on the paperwork they have sent you. Could you upload the CCA, default notice, assignment if poss please. If there's a defence there we'll help you with it, if not then yes it'd be a case of negotiating with the claimants, possibly via a consent/tomlin order to keep you from having a CCJ if that is important to you. If not it'd be amend to an admission and offer to pay through the court so the payments are at a set rate.

[jiffybizzle]

Re: Hello

That really depends on the paperwork they have sent you. Could you upload the CCA, default notice, assignment if poss please. If there's a defence there we'll help you with it, if not then yes it'd be a case of negotiating with the claimants, possibly via a consent/tomlin order to keep you from having a CCJ if that is important to you. If not it'd be amend to an admission and offer to pay through the court so the payments are at a set rate.

Ok , will get them uploaded tonight . Thank you for your help !

[jiffybizzle]

Re: Hello

Here are the CCA and AOD letter and what was filed as a default letter in the claimants paperwork.

[Amethyst]

Re: Hello

On the CCA - does the original look like that ? (ie can you read it ?)
Have they sent any other terms ?


Nice that there is so much information on the Default letter lol.

[jiffybizzle]

Re: Hello

Ha! The CCA is unreadable and there are some terms too that are also unreadable. The default letter also has 6 terms pages that are readable but like you can see there is not much of a letter that goes with them. Would you like me to post them also?

[Amethyst]

Re: Hello

Yes please, well one of them will do for the mo unless you have them all on one pdf.

[Amethyst]

Re: Hello

Basically are the readable terms a reconstruction of the unreadable terms?

[jiffybizzle]

Re: Hello

Basically are the readable terms a reconstruction of the unreadable terms?

This is a page of the terms.

[FlamingParrot]

Re: Hello

This is a page of the terms.

Those look readable to me but they just refer to how they'd use your information :blah: :blah: :blah:. They are not the prescribed terms that should be present on a credit agreement. Are there any others?

[Amethyst]

Re: Hello

Another five pages. looks like its a recon of the illegible agreement, but yes jiffy I think we'll need the rest posting up as these will be difference between enforceable and unenforceable.

[jiffybizzle]

Re: Hello

Here are the other pages