Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
I do not quite understand. Is there a CCJ?
You have been paying the debt to company A but Link have a default on it? Are you still paying to Company A?
idr finance have gained a ccj by default i was paying the other company link but got in to financial dificulty they have been syppling all letters and statments and when i asked both companies for a copy of the credit agreement under the consumer credit act 1974 in july it was sent by link financial outsourcing on their headed paper idr finance sent my money back saying i had sent 2 request they share the same address and if you phone idr it is answered saying they are link financial outsourcing it is link that do all the credit reporting and it is always link that replies to any letters i believe that the debt is still owned by them and that there is a bit of dogy dealings going on as idr gained the ccj by default and now they are appling to the court to have a charge put on my house
So if there is a CCJ and you have been paying another company you can apply to set aside
But you must do this quick. You need to fill in form N244
Sorry - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Your defence is the money is not owed to the CCJ company as you have been paying another
That is the defence
But you need to do this to avoid a charge
Can I clarify anything for you about this today please?
sorry maybee i did not ask the question in the right way
what i am trying to find out is is it legal for a company(lets call it a)that says it does not own the debt to have it on my credit file in their name and they are updating it every month but they are telling me that it was in actuall fact company b that bought the debt 2 years ago and it is company b that has aquired the ccj i had not recieved any coresspondence from company b untill i got the ccj summons the ccj was issued to company b on 25/3/2014 yet it still shows on my credit file that i owe the money to company a and they are still updating the credit file at the end of every month i have already put in form n244 and have a hearing set for 30/7/14
also it is company a that put charges on the account
yes i think so if i understand correctley
it is only the company that i owe the money to that should be doing the reporting
is there a law or some other legistation that governs this
what im attempting as my defence is that company a has been the owner of the debt and still is and that it should have been company a that took mee to court
sorry what is co pla
my undertanding of the situation is as follows
if company has bought the bedt from mbna in the first place then they are entitled to put it on my credit file if they do not own the debt then they have broken the data protection act
and if company b owes the debt it is them that should have put information on my credit file
i have asked both companies for proof of ownership of bedt and have not had a reply
is there any law/regulation under which they must give me proof of the debt
what does dpa stand for and would the cca be the act of 1974
yes thank you