Monday, February 4, 2013

Welcome Finance vs Mikeyb101


You say you already have a CCJ and your hearing is to question you about your finances, this means setting up the monthly repayment levels, which will depend on your I&E statement.

Are you planning to apply for the CCJ to be set aside? Or what's the purpose of your CPR requests at this stage? Normally you'd send those BEFORE you get a CCJ, when you are in the process or preparing a defence.

The ?1 fee applies to a s.78 CCA request not a SAR. This is a request for your credit agreement but once you've got a CCJ there's no obligation to reply to such a request because the judgment supersedes any agreement.

A SAR would cost you ?10. They would still have to satisfy a SAR request even if they've got a CCJ against you because it's a request for data about you under the Data Protection Act, not the Consumer Credit Act.

Source: http://www.legalbeagles.info/forums/showthread.php?38875-Welcome-Finance-vs-Mikeyb101

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