Hi there,

I'm hoping that someone can help me with an old debt that has been rekindled so to speak.

Took out a loan 18 years ago before my daughter was born to buy baby items.

Had paid a considerable amount off until I ran into financial difficulties after losing my job.

Moved home because of eviction after my husband not long afterwards left me.

Years went by and I never thought anything of the debt,

Not long ago I got a letter to attend court as the loan company had traced me.

Went to court and all they said was that I had to offer them an amount of what I could afford to pay.

Agreed to a small amount as I now only have part-time wages that are commission based earnings.

Just rang them to ask if I could pay a smaller amount for the time being as I am struggling to make ends meet.

Mentioned to them about the amount the court said I could pay and whether by reducing my payments would mean me having to go back to court again.

They told me that they never took me to court in the first place as it never got that far.

What I need to know is why did I have to attend court and why did I have to sit there in front of a man talking about my financial status?

Who was he?

Does this mean that they conned me into thinking that I had appeared in front of a judge even though the debt would have been classed as statute barred at the time?

Are they allowed to con me into thinking I had a court summons?

Obviously because I was in the court I did admit liability for the debt when in fact the debt should have been statute barred.

Have I got a leg to stand on?

i would have thought they could not impersonate a judge.

Can anyone shed some light on what's going on and whether the debt should have been re-enforced?

Many thanks in advance.

What paperwork did you receive from the court?

when was this please [the court date?]

I suspect that the debt has been passed on [sold]

so no the current fleecer didn't take you to court

and probably knows nowt about the case

however that now opens up the can of worms of why are you paying someone else and not the claimant?

is this on your credit file please?

It looked an official court document stating I had to attend a court hearing,

when I got there it was just me and a bloke discussing my financial obligations etc.

I wish I still had the paperwork now.

It all seemed very official.

Did you speak to the person in a room, or just in the lobby?

What court was it?

Do you have the persons name you spoke to?

Who was the loan with?

Did you get ANY paperwork?

Have you been paying anyone since you spoke to this person?

If so, Whom?

Can't remember the date,

I have made some payments so admitted liability because of it supposedly going to court. I

They tracked me down after 15 years after taking out the loan and sent me the letter to attend the county court.

I don't think that the debt has been bought as when I ring them, it is still the same loan company that answer the phone?

It won't have gone on my credit file because they say it never went to court.

It was in a room

The courthouse was based locally to where I lived at the time they tracked me down.

I have made some payments, but only because I was made to believe it was ordered by the court.

can you please name names

who are you paying

what was the debt?

dx

I cannot understand why you are paying them. Normally, a company would get a CCJ against you. They have 6 yrs to enforce the CCJ. One of the ways they would do this is

Order for questioning - (what used to be known as Order for oral examination)-

Are you 100% certain there is NO CCJ?

You really need to get all of the facts together.

Have you checked

http://www.trustonline.org.uk/

to see if there is a CCJ against you.

If there is no judgement, you really need to stop paying this as it's Statue Barred. Even if you started paying, that is classed as a gift. Once SB it cannot be unbarred.

The loan was from a credit union, that's all I want to say as I fear the consequences

I rang them today and told them that this debt should have been statute barred,

her reply was that I had made payments on it so now it isn't statute barred as I have admitted liability by making these payments.

They said that because of this the debt has started again.

Does this mean that they can take it to court now that it has been restarted?

NO, It's Statue Barred.

Do NOT ring them unless you can record the conversation.

Send them the SB letter from the library.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-%28update-21.04.2014%29

You may need to adapt it so it reads, any payment made was gifted as I was not aware it was SB. Once a debt becomes SB is cannot become unbarred.

Thanks for that.

I suppose I had better check my credit file to find out if it was in fact a CCJ.

I can't rely on the fact that someone on the phone told me it wasn't,

which comes to my next question...

if I do check my file, is this recorded and then reported to any old creditors etc?

Can this template be emailed rather than posted.

The reason why I ask is that since I went to court I have moved address and they don't know my new address and I don't want them sending their heavies round.

they are not bailiffs.

oh dear so it looks like you started paying after a gap of 6yrs

once sb'd always SB'd you got fleeced

have you checked TOL for the address at the time of the supposed court visit?

oh and credit file thingy is an old wives tale

have you a debit card registered at your current address

and on voters

and a mobile contract

dx

I do have a debit card registered at my address.

I am not on electoral roll and only have a PAYG phone.

Does this make a difference to checking my file on TOL?

I haven't checked it yet as I wanted to find out some more information on TOL as mentioned above.

TOL [http://www.trustonline.org.uk]

is for checking if a CCJ has been registered against you at a given address

it tracks nowt.

there IS a notion predominantly based an old wives tale that viewing your credit file on one of the CRA sites opens you up to a flood of fleecers on old debts.

fact is if you have a debit card thus a bank account

your details are already known.

dx

Thanks dx, your help is very much appreciated and the same goes to everyone else who has commented on this thread

Please can someone tell me if I have to pay for my statute barred debt from 1996

now that the creditors fleeced me into attending court.

They admitted to me that they didn't take me to court as it didn't get that far, but yet I did attend the court.

What I really want to know is now that I have acknowledged the debt by attending court and making a few payments,

do I have to carry on making these payments and can they now take me to court if I stop paying.

The creditors tactics have a annoyed me so much that I no longer wish to pay them anything,

I am so worried that they can take me to a real court judge this time now that the debt has restarted.

Thanks in advance

action post 12

dx

Following from my last post regarding old debt in 2014:

See my original post quoted below.

I stopped paying after getting information from you wonderful CAG people.

To cut a long story short,

in 2014 they took me to court and said I had to attend the court and start repaying the debt.

I started paying as I thought that it was ordered by the court, but when I rang the loan company and told them that I had information to believe that the debt should be statute barred and that they falsely made me believe I had to start paying the debt again after 18 years, the woman on the phone just laughed at me and said it was a good plan to get you to pay though, so I just hung up the phone.

Fast forward to this week.

This loan company have obviously sold my debt to Moorcroft and they have traced me to my current address.

The letter says that I have to pay my 18 year old debt as last payment was received from me in 2014. (The loan company conned me into paying it).

Can I just ignore it.

I would prefer not to acknowledge them if I can get away with paying, or do I have to start paying again?

Thanks for any information in advance.

Moorcroft dont buy debts

Who are their stated client?

Old and new threads merged

So statue barred ignore them

It's a local credit union

Does this SB mean I can ignore them even if I made my last payment in 2014?

It was already sb'd nothing can unbar a debt

Thread tidied moved and retitled

It was already sb'd nothing can unbar a debt

Thanks dx100uk