iS THERE A TIME LIMIT TO ISSUE A DEFAULT OR CCJ

[andy8]

Hi everyone,

I had a letter today from mackenzie hall saying i owed a debt of £1,900 to a comapny called cabot finacial, I have never heared of this company and can only assume that is was a loan i took out with my now ex girlfriend back around 2yrs ago.

My question is basicaly, Can this mackenzie hall issue me with a default or a ccj against me after 2yrs of the debt? My credit rating will be looking quite good by the end of the 2007 and just want to know if these MH can ruin again for another 6yrs.

Thanks

[phunkeymonkeh]

Yes, they have upto 6 years to issue proceedings. (possibly more if you acknowledge the debt in any way during that 6 years)

[Turnaround]

Hi Andy,

I think I'm right in saying, not if Cabot have. You can't have 2 CCJ's or Defaults for the same debt.

I understand that both these companies are hard to deal with, and you need to post as much detail as possible to get the correct advice you might need. These DCA's quite often issue defaults etc illegaly and therefore can be forced to remve them, Im not sure of the process but its on here somewhere.

Regards......Turnaround

[andy8]

Thanks for the quick reply's

This comapny called cabot finacial have not issued me with a a default or a ccj and this debt is at least 3yrs old,

I dont know much about the debt as my life was in such a mess 2yrs ago that i borrowed off anyone who would lend me money.

This letter says that i have to pay £100 amonth until the debt is clear or they will take futher action , Im only working part time and funds are quite tight.

Should i request information from them about the debt or just ignore the letters?

Thanks

[phunkeymonkeh]

But you would have been defaulted for the debt by the lender, ie the people who you took the loan out with.
These defaults normally occur before its passed to a debt collector.

[andy8]

So are you saying that if the company i originaly borrowed money from did not issue me with a default or a ccj after 3yrs then the debt collection compnay's wont, or cant?

Thanks

[phunkeymonkeh]

Sorry.

If the original lender defaulted you, then the debt coll company cannot default you again.

However, if they didnt then they can issue a default and commence proceedings.

you really need to take a look at your credit file, and find out who the original lenders were.

Cabot financial have probably purchased the debt from the original bank.

If you really have no idea what the debt is, you can send a CCA request to the bank, and enclose a £1 postal order. They are required by law to provide you with the original (signed by you) credit agreement. If they cannot provide this , the debt is unenforceable

[andy8]

Originally Posted by phunkeymonkeh

Sorry.

If the original lender defaulted you, then the debt coll company cannot default you again.

However, if they didnt then they can issue a default and commence proceedings.

you really need to take a look at your credit file, and find out who the original lenders were.

Cabot financial have probably purchased the debt from the original bank.

If you really have no idea what the debt is, you can send a CCA request to the bank, and enclose a £1 postal order. They are required by law to provide you with the original (signed by you) credit agreement. If they cannot provide this , the debt is unenforceable

Thanks

The original lender is a mystery to me but im sure if im recieving these letters then i must owe money to someone, The company that is on the letter is cabot finacial which i belive is just another debt collector and this mackenzie hall is working for them.

How can mackenzie hall now issue me with a ccj or a default after 3yrs if i never originaly had any contract with them in the first place, Im sorry if i keep on but this is all new to me and was looking foward to sorting my credit rating out next year, But if this company MH can now issue me with a default then its all tits up for another 6yrs unless i pay them the money which i cant afford

[Turnaround]

Hi Andy,
CCA them, they have to prove the debt is yours.
regards....Turnaround

[Turnaround]

No paper work means no debt and they can't take any further action. they cant issue a default or ccj because they would be in default for not having the correct paper work.

Regards...Turnaround

[andy8]

Just been checking on old paperwork and found out that the debt was for a bank loan that i had back in august 2000 and the bank issued me with a ccj that was on my file for 6yrs until last month when it was automaticaly removed from my credit file by experian.

Can they reissue the ccj or issue me with a new default or is this dead and buried and just ignore there letters

[phunkeymonkeh]

oh oh.

Are you sure its a CCJ....it would have gone to court. (although you may not have attended)

If its a CCJ then they can persue this debt until the end of time, there is no limitation on a debt where a judgement has been made.

CCJ's would normally get bailiffs involved aswell.

[andy8]

Originally Posted by phunkeymonkeh

oh oh.

Are you sure its a CCJ....it would have gone to court. (although you may not have attended)

If its a CCJ then they can persue this debt until the end of time, there is no limitation on a debt where a judgement has been made.

CCJ's would normally get bailiffs involved aswell.

Yes like you say , It went too court but i never made an apperance and the judgment was issued in my abcence.

Can they now issue me with another ccj or a default every 6yrs ? or just keep sending me nast letters

Andy

[phunkeymonkeh]

No, they cant put any more bad marks on your record.

However, they can call the bailiffs in. And your costs will increase.

Personally i would contact MH, and negotiate payments with them, or ideally if you can get a bit of money together offer them full settlement.

Ie , if you can get money together i would expect MH to accept inbetween £1000 - £1400 in full and final settlement.

Ive just made an offer of £900 on a £1550 debt, and its been accepted.

[Stopthethieves]

I wouldn't of thought they would default you BUT if you already have a CCJ then it is enforceable by numerous means...ultimately bailiffs...I f you have a CCJ and have not paid..you need to seek advice cos they may get nasty.

Regards

Originally Posted by phunkeymonkeh

No, they cant put any more bad marks on your record.

However, they can call the bailiffs in. And your costs will increase.

Personally i would contact MH, and negotiate payments with them, or ideally if you can get a bit of money together offer them full settlement.

Ie , if you can get money together i would expect MH to accept inbetween £1000 - £1400 in full and final settlement.

Ive just made an offer of £900 on a £1550 debt, and its been accepted.

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If the original debt is 6 years old or so, I wonder if the orginal company / bank will have written it off in their books and claimed the appropriate 40% tax relief. If so you might be able to use that to negotiate a lower full & final setllement. Perhaps an accountant could comment ??