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I have had a charging order in place since 2006. Arrow/Britannia Recoveries/shoosmiths (they use all these names on paperwork) keep chasing me to fill in a new income and expenditure, which i have not done yet. (i have paid them regularly every month)
I asked them (3 August 2012) to supply me with a copy of the original agreement and full list of payments received from me over the last six years. I said i want to get advice from the financial ombudsman about they way they are treating this matter and the fact that they have sold it to a third party after it had gone to court and suggesting that it was now unenforceable. There is also a matter of PPI.
A month later i got a response that threatens me with court again with costs and they refuse to supply a credit agreement as follows;
'We note that in your letter dated 1 August 2012 you have asked for a copy of your credit agreement. However, a debtor under a regulated agreement ceases to have the right to obtain information on request, including a copy of the executed agreement, when there is no sum payable or that may become payable under the agreement.
Where judgement has been entered for everything that is, or could become, payable under the agreement, no sum remains payable or capable of becoming payable under the agreement, but the debt is payable, instead, under the judgement: In re Sneyd; Ex p Fewings (1883) 25 ChD 338;Economic Life Assurance Society v Usbourn (1902) AC147 and, per the Court of Appeal in DGOFT v First National Bank Plc (2000) QB 672 at 682: "it is trite law in England that once a judgement is obtained under a loan agreement for a principal sum and judgement is entered, the contract merges in the judgemen and the principal becomes owed under the judgement and not under the contract. For the reasons above, our client is not required to provide you with a copy of your credit agreement.'
They then go one to say court is the next step.
Anyone have experience of this?
Thanks in anticipation
I asked them (3 August 2012) to supply me with a copy of the original agreement and full list of payments received from me over the last six years. I said i want to get advice from the financial ombudsman about they way they are treating this matter and the fact that they have sold it to a third party after it had gone to court and suggesting that it was now unenforceable. There is also a matter of PPI.
A month later i got a response that threatens me with court again with costs and they refuse to supply a credit agreement as follows;
'We note that in your letter dated 1 August 2012 you have asked for a copy of your credit agreement. However, a debtor under a regulated agreement ceases to have the right to obtain information on request, including a copy of the executed agreement, when there is no sum payable or that may become payable under the agreement.
Where judgement has been entered for everything that is, or could become, payable under the agreement, no sum remains payable or capable of becoming payable under the agreement, but the debt is payable, instead, under the judgement: In re Sneyd; Ex p Fewings (1883) 25 ChD 338;Economic Life Assurance Society v Usbourn (1902) AC147 and, per the Court of Appeal in DGOFT v First National Bank Plc (2000) QB 672 at 682: "it is trite law in England that once a judgement is obtained under a loan agreement for a principal sum and judgement is entered, the contract merges in the judgemen and the principal becomes owed under the judgement and not under the contract. For the reasons above, our client is not required to provide you with a copy of your credit agreement.'
They then go one to say court is the next step.
Anyone have experience of this?
Thanks in anticipation
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