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Head in Sand, Defaults, an Unknown CCJ and What now help please


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Hello, I hope someone out there will be kind enough to help me please.

 

The current situation is this,

 

I have been signed up to Noddle.co.uk for ages now, but haven’t actually looked at my report for many months/year or two.

Last night I spot that I have an active CCJ against me, from 13/08/2014 at my previous address.

 

It’s for £1,952.

 

Have phoned the court and they advised it’s originally from Hitachi, who sold it to Cabot Financial.

My credit report also shows Cabot defaulting me every single month (since Feb 2010).

 

The debt is from a (turns out fake) accredited training course from SkillsTrain back in Feb 2008.

 

A quick search of CAG shows many SkillsTrain complaints and shouts for help.

Essentially a pushy sales man visiting my house, my getting sucked in and then failing to cancel it properly.

 

I could cancel it within a month I was told,

I quickly realised it was not what I wanted.

I phoned up and sent a letter however the cancellation never happened.

I cancelled the direct debit after noticing them still coming out a few months later.

 

After complaining to SkillsTrain they refused to help as they received no cancellation.

I have a bunch of e-mails, saved letters that I sent, a timeline of what happened in 2008.

 

I was actively fighting it and investigating it during 2009 too, payments were paid off and on – under duress.

 

I was harassed a great deal, tones of letters and scary threats made me make payments.

 

This is around about where I stuck my head firmly in the sand

 

I remember Cabot chasing me for payment a couple of years ago,

and after a little research I sent a ‘Prove it’ letter because I had never taken a financial product with Cabot.

 

I figured it would go back to Hitachi but forgot about it

…moved house…

they caught up with me again and I sent another prove-it letter

but I can’t remember anymore (pushed my head deeper into the sand).

 

What do I do to resolve this? Is any of the following anywhere near correct?

 

• Is the Debt statute barred – it’s from early 2008 so is older than 6 years now.

Although I am pretty sure that I’ve made payments towards it within the last 6 years.

 

• Can the CCJ be set aside and the process restarted, as it was not my address and so I was not privy to the paperwork?

 

I see my options as …

 

• Simply pay the debt off and move on… and wait 6 years to (finally) buy a house?

 

• Is there still chance that the claimant doesn’t have the proper documentation, the original agreement? I can’t remember it at all.

 

• Can I still mount a defence, or would the CCJ need to be set aside first?

£150 is quite a lot when you consider that I might end up with additional costs AND the debt too

 

Very many thanks to anyone who can offer some time & advice to me

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What is the date of the CCJ, and who was it who won the judgement against you?

 

The fact that they won by default would warrant you setting this aside, then fighting them in the courts IMO.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well, the CCJ trumps any SB, UNLESS it was SB before they won the CCJ?

 

But you will need to know exactly when it was the last time you made payment to this debt, as you say you

made some payments in that six year period.

 

The CCJ is really in it's infancy so you risk the use of bailiffs to collect this, and all of their extortionate fees!

 

IMO I would be getting all of my ducks in a row, and then be looking to have this set aside, then mounting a defence using all the

evidence you have.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The loan was open in March 2008 - so will have turned 6 years old back in March 2014. But does the SB start from the last payment I made to it? That'll surely be less than 6 years ago I think.

 

With regard to the CCJ and bailiffs - it's against my old address, and so I have not had any correspondence from them. I have recently joined the electoral register (to vote the other week) - would they be constantly searching for me and will find out my address? Further to this, pending referencing I will be moving again in a month!

 

I did contact the court today and asked for info, because I did not know about the CCJ. I did give an up to date address then.

 

Just spotted an e-mail dated 10/07/2009 that said I was paying Hitachi £25 a month..

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Did Cabot or Hitachi's know your correct address

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes they will know where you are now, as your credit files will be updated with your voter registration.

 

I did it too just to vote this year, and lo and behold, they all come out of the woodwork wanting their grubby money!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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well if you didn't tell your creditors you had moved

then that cant be used

 

however you indicate you cancelled the course etc etc

and have documentation

then that's a very good reason to set aside

 

you say you've not got £155

 

but you also say you want to pay off almost £2k you don't owe.....

 

which is it

 

either you have the money or you don't.

 

PERS I'd be setting it aside.

 

appears to me you have proof it doesn't exist

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry but I have no proof that I cancelled back in 2008.

 

Also regarding the £150, I meant that I can't afford to waste it. Paying off this debt from would just be a case of shifting it elsewhere

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to me your story in post 1 holds enough to set side.

 

you say you have all the docs of the debacle

and you never attended

 

perfect!!

 

why do you think hitachi sold it on for..they were not brave enough.

 

sorry I think you need to set this aside

that would be the only cost

nothing more.

 

 

it would be nice if you scan up what you have

pop it all in a multi page word doc

follow the upload

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It all depends what the judge ordered.

 

So you will need to get in touch with the issuing court and ask them about the judgement and what the judge ordered you to pay,

this will obviously include interest at 8% per annum, and all court fees/solicitors fees, and whatever else they were able

to add on, including reclaimable penalty fees/charges that they wouldn't have told the judge about.

 

It is likely that you will need to pay the full amount off in one go, as you didn't defend this and they won by default.

 

Plus, if they really want their grubby money and fast, then they won't be open to discussion or payment plans, they will just enforce the court order.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I would imagine it will be that, which will include all of their court/sols fees, plus all of the reclaimable charges, but their will be 8% per annum to be added to that figure yes.

 

Do you have that sort of money to pay immediately?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have just spoken with court about it, and the judgement was defaulted. No judge even looked at it. The chap said basically, my options are to apply for repayments, apply to set aside, or pay in full direct with the solicitors Restons and then the court will mark the CCJ as satisfied.

 

I do have the available money by way of my credit card, or my OH getting a loan to pay it off for me. Repayments is not really an option, if I am admitting and paying then I want it paid in full and gone.

 

The temptation to pay it off is strong, because we can just move on (already have an outstanding loan that we are paying off). So monthly repayments would stay the same, just go on for longer (and our plans for mortgage are years away anyway...)

 

I really don't feel my defence is strong enough, I have some typed letters saved in my e-mail account that I sent to Hitachi & Skillstrain, I typed up replies that they sent to me. There's no real evidence of my cancelling the long distance training course

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Sorry the helpdesk guy also mentioned this, that the claim detail was simply £1952 and that it originally was between me and Hitachi. He said normally the claims include a lot more info

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So you're going to take out more debt to pay off a debt?

 

Completely flys in the face of all debt collection guidelines, seriously, this stinks.

 

I would be having this set aside, you might think that you have no defence, but I say you have nothing to lose by having it set aside, then

sending Hitachi/skillstrain or whoever chanced their arm and got this CCJ by default, a SAR for another tenner, and then ripping them to pieces!

 

You said it was a fake course?

That in itself will blow this out of the water as they are unlikely to have any enforceable documents.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yeah, fake in that all of the accreditations they said it had were never true.

 

It has been bought by Cabot - and what they will have is a contract between Hitachi and I. If I remember correct it'll detail it being a loan for educational purposes maybe??

 

So I signed up to the course with SkillsTrain, and then a contract between Hitachi & I for the course fee (paid to SkillsTrain).

 

I am starting to come around to fighting this, but the thought of debt collectors coming to my house scares the sh*t out of me.

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I am starting to come around to fighting this, but the thought of debt collectors coming to my house scares the sh*t out of me.

 

Ha ha brilliant! That is the best joke I've heard today! You cheered me up.....

 

Debt collectors are NOT bailiffs, they have NO LEGAL powers whatsoever, next doors cat has more authority to be on your property.

 

Seriously, if that is all you're worried about, then worry ye not!

It ain't gonna happen, and even if it did, you can stand there with a video camera in your hand laughing at them, and tell them to clear orf

before you call the police to have them removed.

 

So Hitachi were the creditor, got ya.

When did you take the loan out?

 

And have a read of this, which you can print off and keep by your front door for your own peace of mind.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit-**Update-21st-April-2014**

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ah, now your talking about Bailiffs, and these would have to be court certified bailiffs at that.

 

It's Bailiffs who enforce a CCJ, not tin pot powerless DCA's.

 

Do you know when the last payment was made to the loan?

March 08 being when you took it out?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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did the court say the claimant was hitachi

 

 

this is important

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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