CCJ and potential failure of a debt mgt plan !!!!

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

I'm not sure on the black-horse side of things, as it was 'irredeemably unenforceable' not a breach of s.77-79. It is very unlikely a capital one debt will be actually unenforceable so if they come up with it it will be enforceable. For the moment it is unenforceable while the default continues. Excepting the fact it is already under a CCJ so it's a little irrelevant until we get the set aside.

According to my credit report the CCJ is for £1029, the Information Type: Judgement and the Date: 17 September 2013 at Northampton County Court. I have been paying £5.47 per month to this debt and as at 16 September 2014 I had paid a total of £306.32 to this debt.

I'll have to read back to remember where we are at, but I think we were seeing if Cap One came up with it before applying for set aside - however firstly the DMP company were doing something communicating with IDEM - have they actually done anything ?

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

Hi, the DM company isn't doing anything, I'm still using them to make the monthly payments but I told them I'll deal with the CCJ myself as I want to make sure It actually gets dealt with, with you guys help. So all that's happened is that I sent them the CCA letter and their deadline is Monday 10 November. On Friday 7th I received a letter from them to say they needed me to send a copy of my marriage cert etc but I've already sent that to them. Advice so far tonight is that I should write to them again.

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

Hi here's the text from the letter I received from Capital One, I've written to them asking about my certificates I've sent them but I don't know what to do now:

"thank you for your recent letter requesting for documents under Section 78 of the consumer credit act 1974. I would like to help with your request but under the data protection act, I cannot continue until we have received proof of your change of name. Please send proof of your change of name by sending in the applicable document listed below. If you have changed your name due to marriage/civil partnership please send us a copy of the marriage or civil partnership certificate. If you have reverted back to your maiden name please send us a copy of the marriage certificate, decree absolute and birth certificate or civil partnership certificate, civil partnership dissolution document and birth certificate. If you have changed your name by deed poll please send us a copy of the deed poll certificate. I trust this clarifies our position. If you need any further assistance in this matter please contact our customer relations team on the number shown above. Please note that where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the consumer credit act 1974 does not apply. If you have a closed, settled or partially settled account with capital one then we have no obligation to provide you with a copy of the documents that you have requested. I acknowledge receipt of your £1.00 cheque. As we are not providing any documents, this cheque will be safely destroyed and will not be cashed. I apologise for any inconvenience this may have caused and I hope we can move on from here"

Can you please advise me about the best course of action from here.

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

Hi, heres the text of the letter I sent to Capital One:

Dear Sirs,

Thank you for your letter dated 5 November 2014, the contents of which I note.

I must raise serious concern and complaint about a Data Protection breach in your organisation.

You will note in my letter dated 22 October 2014, which was delivered and signed for by Royal Mail Recorded Delivery on 23 October by Paul at your Registered Office, I confirmed within that I provided you with copies of two forms of identification, one being a copy of my Marriage Certificate.

I am alarmed that despite receiving these important documents, you are unaware of their whereabouts.

You will note that in accordance with the Data Protection Act 1998, Principle 7, states;

“Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data”

You have breached this Principle of the Data Protection Act, I therefore require;


1. You confirm you have these documents in your possession.
2. You return these copy documents to me so I can be assured my data is secure.

Failure to comply will result in a complaint being made to the Information Commissioner for a breach of the aforementioned legislation.

Further you will note that I served a request pursuant to the Consumer Credit Act 1974 which required Capital One to comply within a prescribed period, you have failed to respond and have now Defaulted.

I look forward to hearing from you within 14 days, however, for the avoidance of doubt, as already confirmed, you have now Defaulted further to my request.

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

Good letter!

I wonder if you should now make an application for a set aside on the basis they haven't complied and you'd changed address so didn't receive court papers?

Also, whether you should SAR them to discover charges and all the letters you didn't receive so you have the full picture?

Id be guided by Amethyst but my thoughts are to gather all of the information to understand what your options are ie can you claim the charges back? Etc.

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

Any further update from Cap1?

Have you thought about what your strategy needs to be to get the CCJ set aside if they haven't replied?

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

Hi, no further letters from Capital One, I need to do a SAR and set aside I think, not sure !!!!!!!!!!

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

Hi, no further letters from Capital One, I need to do a SAR and set aside I think, not sure !!!!!!!!!!

I'll have a look at the notes on what you need to do next. I think the next step is to SAR Capital One.

So they've ignored your last letter, surely they're now in default!

I guess though you aren't going to want to write to them about the Set Aside unless they escalate their CCJ to enforcement?

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

I would get your set aside request in asap now. http://www.legalbeagles.info/forums/...lication-notes Post your drafts up here and we'll help you with them

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

Would this need to be dealt with at a hearing?

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

What if you have no documentation of the Claimant? Does one assume its Capital One Ltd?

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

The set aside is against the claimant, so IDEM.

It may go to a hearing yes.

You can contact IDEM and ask them to consent to the set aside then you can apply for without a hearing ( £50 rather than £155) but it is unlikely they will agree, though it is worth asking as it looks better on the set aside app if you say you asked and they declined.

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

The set aside is against the claimant, so IDEM.

It may go to a hearing yes.

You can contact IDEM and ask them to consent to the set aside then you can apply for without a hearing ( £50 rather than £155) but it is unlikely they will agree, though it is worth asking as it looks better on the set aside app if you say you asked and they declined.

OP hasn't done a CCA to IDEM, should she?
Ok, she is worried that by asking for consent they will act promptly and escalate to enforcement before the application is put in...

IDEM have their registered office at:
Idem Servicing
51 Homer Road
Solihull
West Midlands
United Kingdom
B91 9TU

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

Once you;'ve asked the question of IDEM you have put them on notice you will applying for set aside therefore it would be easy to get the enforcement held until the set aside is heard.

As things stand IDEM have a CCJ, thus a CCA isn't relevant... the idea of CCA'ing capital one was that if they replied with a CCA then she'd know that IDEM were likely to have one and whether there were additional arguments worth using in the defence that would be worth setting aside and defending on rather than just applying for a variation order to affordable instalments.

Cap one don't know there is a CCJ on the debt so they would be more likely to comply with the CCA if there was one available.

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

Ok, so I guess now we don't know if there is any CCA IDEM hold because Cap1 haven't complied. You don't reckon its worth finding out before putting in the defence incase they don't have one which would be something else to argue?

Also what if she wanted to counterclaim for charges and that the Default is inaccurate? On the basis that these exceed the balance owing...could she do that at this point?