Dear all can someone please help with a problem i am having with IND.

just recently oct 17 i had a CCJ drop off my credit report ( the CCJ was sent to 643a instead of 643 and as a result i never received the CCJ,

fast forward 6 years i have had no communication or contact from ind etc,

last month when they searched my credit report,

i rang them to ask why they were searching my report,

they asked me for my DOB and i told them

they said they could not discuss anything with me as my date of birth did not match their record,

a week later i received a letter and a so called copy of a credit agreement (see below images),

i decided to look around on the net and sent them a prove it letter and request for a CCA with £1 for the requested information.

they sent the postal order back and said that i should prove whom i am and make a SAR request. as they do not need to send a CCA due to the CCJ.

the address 643 is my parents address i have moved out since 2002 to a new address and been on the electoral register etc.

can someone advise what steps i should take next,

i was thinking of waiting for the 12+2 days to expire and send them a you did not comply to cca request letter is that correct. thank you in advance

below is all received and sent letters

hotbot.pdf

why or why did you do anything???

you certainly never ever ring a fleecing DCA

they've zero legal powers

and are not bailiffs.

as for the stupid letter tennis you started...just as bad.

who got the CCJ and whats it about.

i have put all file into one PDF now in post 1

i have also found a PDF from a firm online that says they need to respond to CCA Request Evn after a CCJ

DX the CCJ was address to a 643a

(a) never existed and was in my name

but date of birth was 28th Sep instead of 20th,

when i found out i could not contest as over a year had passed

i found this on the net it attached to my pdf

A creditor will still have a duty to comply with an information request under ss77 -79 of the consumer credit Act 1974 (CCA) once a judgment has been obtained.

I forgot to mention that i called the DCA as i found their search on my credit report

i wanted to no why it said search debt collection,

i agree i wish i never called.

id shut up now and ignore them

as said the CCJ is more than 6yrs old

and the claimant has had ample time to enforce it

next time SIT ON YOUR HANDS.

theres no real point to a CCA request as the CCJ trumps it anyway- they have judgement.

Unfortunately a CCA Request is indeed useless once a CCJ has been granted so in that respect they are correct - whether they 'should' comply or not is a moot point, as DX has already said, a CCJ changes the issue altogether

Looking at the letter they have sent it would be likely that they would need to take this back to Court to enforce the Judgment, having taken no prior action to do so within 6 years of the original Judgment date. The Court would need to hear a compelling argument as to why such a long time had elapsed. It isn't clear from your OP whether you knew anything about the Court action and the actual CCJ only was sent to the wrong address, or whether all correspondence went to the wrong address. Probably doesn't matter, as either way, IND could and should have been able to trace your whereabouts well before now, so I do not think that success with a Judge in granting permission to enforce would be a given

Having said that, I have first hand knowledge of IND and they are a devious, underhand and deceitful outfit so whilst it is probably right to sit tight for now, you should certainly look out for anything which looks 'legal' in the post

Thanks sidewinder

I have attached a page I obtain from the net with regards to CCA request afree a CCJ.

Also what legal action could be taken should I expect bailiffs?

I wanted to go down the route of Un enforceable CCA as I did not date it and the docs they sent looks like an application for a credit card.

I did not know aboutthe court CCJ as it went to a different address when I checked my CRF a year or so down the line it was to late to contest.

don't worry about bailiffs

no forced entry allowed

ignore them

but I can say 99'99% they'll never be able to enforce the CCJ now

I've read scary storys that the dca can attach to you earnings or put a charge against you, if that was to happend would they inform me before hand and would it be in a formal letter.

Unfortunately a CCA Request is indeed useless once a CCJ has been granted so in that respect they are correct - whether they 'should' comply or not is a moot point, as DX has already said, a CCJ changes the issue altogether

 

Looking at the letter they have sent it would be likely that they would need to take this back to Court to enforce the Judgment, having taken no prior action to do so within 6 years of the original Judgment date. The Court would need to hear a compelling argument as to why such a long time had elapsed. It isn't clear from your OP whether you knew anything about the Court action and the actual CCJ only was sent to the wrong address, or whether all correspondence went to the wrong address. Probably doesn't matter, as either way, IND could and should have been able to trace your whereabouts well before now, so I do not think that success with a Judge in granting permission to enforce would be a given

 

Having said that, I have first hand knowledge of IND and they are a devious, underhand and deceitful outfit so whilst it is probably right to sit tight for now, you should certainly look out for anything which looks 'legal' in the post

You say looks legal, or will it be a legal document from court.

I've read scary storys that the dca can attach to you earnings or put a charge against you, if that was to happend would they inform me before hand and would it be in a formal letter.

a DCA can do nothing of the sort - they have zero legal powers

it would have to go back to court for that to happen and the court would write to you 1st.

I assume its IND that are the Judgment claimant...and therefore they do have the option to return to court to get permission to execute the judgment...either by way of an AoE or Charging Order or instructing Court Bailiffs....Warrant of Execution.

Andy

and you can object to this on the grounds they ahve done nothing in the last 6 and a half years.

Section 24 of the Limitation Act 1980 says: -

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

At first glance s. 24 (1) might suggest that a judgment that is more than 6 years old cannot be enforced, however in the case of Lowsley and another v Forbes it was held that a judgment could be enforced after 6 years with the permission of the court. In accordance with s. 24(2) interest accruing on the judgment can only be recovered up to the 6 year mark.

In making the decision the Court found that the word ‘action’ meant a ‘fresh action’ and did not include execution proceedings on a judgment, leaving it open to judgment creditors to enforce even after the 6 years had expired.

There are of course practical problems with enforcing a judgment after such a long period of time has elapsed. For example, the judgment debtor may well have disappeared or become bankrupt since the judgment was entered. However if a creditor can locate the debtor and establish he or she has the means to satisfy the judgment, then the judgment can still be enforced.

wow guys thanks for discussing what options i may have,

however i am really worried now,

yesterday an old Asian man knocked on my door with an a4 clip board

he asked for me

when i looked down it seemed like he had loads of sheets attached to his clip board with the heading IND vs etc,

i panicked so said that i was not in

he asked if i knew where i was

i said i think his at the old address

he said do you have a contact number i said no, he then left.

worried now any advise or was they just trying to confirm i live here.,,,,,,,,

HAHAHA

They've just played their card!

He was a powerless DCA doorstepper not a bailiff from THE COURT

Your cat has more rights!!

Next time you simply tell him to leave your property and never come back else you'll ring police 101

Being that they've done that to me it indicates they can't or don't want to Risk trying to convince a court to enforce the judgement

thread tidied

How long ago did they do to you

sorry?

sorry?

I was ment to ask how long ago was it that they knocked on your door and what has happend since?

why would IND be knocking on my door?

HAHAHA

They've just played their card!

 

He was a powerless DCA doorstepper not a bailiff from THE COURT

Your cat has more rights!!

 

 

Next time you simply tell him to leave your property and never come back else you'll ring police 101

 

Being that they've done that to me it indicates they can't or don't want to Risk trying to convince a court to enforce the judgement

 

thread tidied

Oh I misunderstood as you said bring that they done that to me` I thought they knocked on your door lol

I have now received a letter still no disclosure of what I owe and how but a current circumstances expenditure form.

Shall I ignore?

ignore

ignore

Will do thanks