First Episode

[Curlyben]

Re: First Episode

Have you SAR'd the OC in all of this ?
It's quite normal to have a new account number for judgemented debts, see RBS router accounts.

So how much are Red claiming is due ??

[Marserobert]

Re: First Episode

Hi Curlyben

I have over this year, fought them to a standstill. One month ago, their solicitor asked me to stop pursuing his Client, and they would stop all enforcement.

Their problem is they cannot enforce squat!

They tried it on big time, and I refused to go away. Now its my turn. Last week I sent no fewer than 7 or 8 lba's.

I have asked the CAB for help but they say report them to the Police and see a solicitor. The County Court have expressed their shock at what they saw, and advised me to get a solicitor.

I cannot afford a solicitor.

The base case is a recsission of contract, damage to credit file for an erroneous CCJ, and a demand to repay about £2500 + accrued interest.

I do not know where to begin, and I think my opponent knows this.

Marserobert

[WendyB]

Re: First Episode

Am I being too simplistic in thinking that you should just sue them for the extra amount that you have paid and they have trousered?

[Marserobert]

Re: First Episode

Hello WendyB

A good question! I have these people "stone cold."

My problem is I am a good researcher, but all mouth and trousers!

I do not know how to proceed to get these people in Court

Thanks WendB: same name a my good lady - WendyP

Take care,

Marserobert

[WendyB]

Re: First Episode

Well obviously there is nothing for them to enforce, is there, as you have already paid them over and above what was ordered in the judgement? Not sure what Curly's take on this would be (he is far more clued up on the legalities than I am) but I would suggest, as you have already been in touch with their solicitor, that maybe a strongly worded letter saying something along the lines of

Dear Solicitor

I have paid the sum of xxx over (a very long time) to your clients in regards to a Judgement which was in the sum of only xxx. I have overpaid by the sum of £££. Please send me a cheque for the overpaid amount within 14 days. If you don't I will file an N1 at Court, citing your clients fraudulent practices under....whatever Acts, Laws etc Curly says will do the trick.
Please be advised that I also insist that any defaults placed on my credit file are also removed. I also expect compensatory contractual interest on the aforementioned overpayment, and your clients written undertaking that any and all further harrassment regarding this now non existent debt will cease immediately.

I look forward to hearing from you soon.

Obviously take the above under advisement and it needs a bit of work lol, but its a start

[Marserobert]

Re: First Episode

Hi WendyB

What colour is your hair?

I have already done what you suggest, their solicitor replied, "Our Client would like to bring an end to this protracted correspondence...bla blah."

I replied, "I bet they would: I am not going away."


But I do not follow up - thats me


take care



Marserobert

[WendyB]

Re: First Episode

Well it's not blonde if that's what you are thinking!

Anyway, if you've already sent that letter, and had a reply that they wanted to bring an end to it, how were they suggesting to do that? Scan thier reply up so we can have a look. And tbh if you sent them a reply which had no substance to it then you won't get very far. If you want to put an end to it then you have to follow up and not give up, otherwise it will never go away.

[Marserobert]

Re: First Episode

Hi Wendyb

The real issue is, the original Judgment was obtained by default (sneaky).

In 2009, I fould that they obtained a Judgment on the back of a faulty Default Notice, and invalid Judgment debt.

At the time, I had a very good job and it was destroyed by thiis OC. It took me another 8 years to get back to where I was... and that hurts.


take care,

Marserobert
------------------------------- merged -------------------------------
Hi Wendyb

I never believed you were a blonde!!!

I get the feeling that I am being told off



take care



Marserobert

[WendyB]

Re: First Episode

Well in that case you need serious amounts of compensation then. Point out the facts about the invalid judgement etc and see how much you can get them to part with. There are people far better versed in the legalities of this than me, I'm sure someone will nip in soon and advise.

And it's brown......... Although it has been blonde before (and many on here would say it still ought to be)

[Marserobert]

Re: First Episode

Wendyb

I trust you! If I outline a relatively easy specification, would you hold my hand, and guide me to the promised land?

All I require is an indication of what I should do.

thanks in anticiptation - brunette?

take care

Marserobert

[Curlyben]

Re: First Episode

Just catching up here and I think the CAB as an idea.
A chat with the police with a view to fraud might be the way to go.

They have clearly been demanding payment well after the judgement has expired and feeding you a complete pack of lies to boot.

You never know might, certain worth a chat.

Oh yeah I'm not brunette, but thanks for asking

[Marserobert]

Re: First Episode

Hi

If a debt collector has no got a County Court Judgment: what enforcement action can that debt collector undertake?

Can said debt collector search credit files or use third party debt collectors to pursue a debt?

Marserobert

[Curlyben]

Re: First Episode

Nowt and nope.

[Marserobert]

Re: First Episode

Hi Curlyben

What remedial action could I contemplate?


Regards


M.

[Curlyben]

Re: First Episode

Seriously I would talk to the police with this one, this is a clear case of Fraud !!!