old CCJ - strange case

[whistler114]

I just did a credit check on myself because I want to sort my debts out. This is what I found:

 

edit: please note dates/amount have been modified a little

 

Date: 12/05/2006

6X****** NORTHAMPTON COUNTY COURT Court: NORTHAMPTON COUNTY COURT

Case number: 6X******

Amount: £11003

 

NORTHAMPTON BULK CENTRE, 21-27, ST KATHARINES STREET, NORTHAMPTON, NN1 2LH TEL: 0845 4085302

 

At the time of the CCJ (May 2006) I was unemployed and hence unable to pay it back. I simply ignored it (I know how that sounds but it was a bad time of my life). The odd thing is, I haven't heard a thing from them since the letter from the court ordering me to pay £400-odd a week! It's that a bit strange? Perhaps they have forgotton about me! The original debt was with Lloyds TSB (loan).

 

 

 

Company name: EGG BANKING PLC

Started: 25/08/2003

Current Balance: £1,339

Defaulted On: 07/07/2004

File updated for period to: 03/09/2006

 

Again this Egg card was from the "bad period" of my life. I haven't heard a thing from these guys for ages... September 2006 according to the credit report.

 

 

Company name: FV1

Account type: Current Account

Started: 19/10/2000

Current Balance: £1,725

Defaulted On: 08/03/2004

File updated for period to: 06/09/2007

 

I honestly don't remember where this is from! I have no idea who FV1 are but I certainly don't owe them money. Is there any way from removing this from my record?

 

Also the CCJ, could I get that removed seeing as they haven't chased me for almost 2 years? I've searched all over this site and others for advice but I think this is somewhat of a unique case.

Edited February 15, 2009 by whistler114

[tomterm8]

By now, it's probably been sold on to DCA's.

 

Since the credit agencies can process your data for use in tracing, you will probably get letters from DCA's in the next three weeks...

 

before phoning them, ask us for advice.

[whistler114]

Sorry could you be more clear please, what do you mean by that exactly? Are you referring to the information that I've posted above? If so, highly unlikely because I have modified the dates and amounts slightly - I wasn't born yesterday . Secondly, I'm not hiding from them, they know where I am, they have just given up.

 

I haven't phoned them, only spoke to one or 2 people who called a few years ago asking me to confirm my address and date of birth - I said no a few times (because they refused to say who was calling) and they hung up

 

So in conclusion, no, they won't be contacting me in the next 3 weeks... I'm not sure where you got that idea from. They gave up over a year ago because I never replied. As for the CCJ, they haven't sent me a single letter since the "day of judgement"

[tomterm8]

DCA's and creditors place a trace alert on your file.

 

When you do a credit reference search, this alert is triggered, and the DCA's are told your current address, which you have just confirmed through the credit reference search.

[whistler114]

oh I see. Well in that case I had no choice because if I want to get this sorted I have to see what's on my file.

 

But I noticed on my file that Admiral did a check 4 months ago for my car insurance but I haven't had a letter from a DCA for over a year.

[tomterm8]

A normal search won't trigger the allert, but a credit reference check - i.e. one initiated by yourself - generally does.

[whistler114]

Hello again! Thanks for your help last time Tom but this is still ongoing.

 

I haven't been chased by any of the above and in fact one I've just done another credit check and of the above is now listed as SETTLED.

 

The one I really need to sort out first is the CCJ. Should I seek advise from a financial solicitor? I cannot afford to pay this back and quite frankly I don't want to. I was a student at the time, my dad passed away so I had no financial support and Lloyds were waving money at me when they knew I had no means of paying it back at the time (I was young and naive)

 

This was in 2004. I did manage to keep up repayments for a year but defaulted in 2005 and they filed a CCJ in 2006. Since May 2006 I have heard NOTHING from the court. On my credit report it states the debt is now owned by ARROW GLOBAL Ltd.

 

What are my options here? I have heard nothing from Arrow Global, I have no idea who they are. Is there any way of getting this CCJ removed from my file? They clearly have no intention of recovering this debt, it's been 3 years since the CCJ and they haven't contacted me.

[debbbbsy]

What are my options here? I have heard nothing from Arrow Global, I have no idea who they are. Is there any way of getting this CCJ removed from my file? They clearly have no intention of recovering this debt, it's been 3 years since the CCJ and they haven't contacted me.

 

If you didn't recieve any notification of the CCJ, default notice & Particulars of claim. & can prove that you have never been contacted by Arrow either before & after Judgement. You could apply to have the CCJ set a side.

 

 

No. Just because you have not made the payments does not get the CCJ removed. Probably the reason they have not chased you is because you could not afford it. They will wait & hope that you buy a house, a soon as you do they'll apply for a charging order. And they'll get it.

 

You could continue to ignore these debts, & hope that they don't chase you. After 6 years they become statute barred.

[whistler114]

You could continue to ignore these debts, & hope that they don't chase you. After 6 years they become statute barred.

 

 

Are you sure about that? I've read that this doesn't apply to CCJs.

 

My point about the CCJ is that Lloyds are the ones who filed it but suddenly it appears this Arrow Global company has taken it over with no notification. If I write to Arrow Global and ask for the signed CCA, could I ask the court to set aside the CCJ on the basis that they cannot provide evidence that I owe them anything?

[sam614]

a ccj is never statute barred,

if a ccj is already in place global only need a doa from lloyds to enforce it,they still have 3 years before it falls from your credit file,and it is removed from central court records.

 

sam:plowell detester

[whistler114]

So after 3 years it will disappear from my credit record? According to my credit file Global Arrow took over this ccj last June but they still haven't made contact.

 

It's hard to find information on cases such as this since most CCJs are chased up. Maybe they're scared of me

 

Is it worth calling their bluff and see if Global Arrow actually have a DOA or CCA or anything that proves I owe them money? I hear they are a wishy washy outfit who make themselves difficult to find (PO box address or something). If they do I could always make them a full & final settlement offer £1k (it's all I can afford and they probably paid pennies for such a debt anyway).

Edited February 15, 2009 by whistler114

[gizmo111]

Is it worth calling their bluff and see if Global Arrow actually have a DOA or CCA or anything that proves I owe them money?

 

They have the CCJ thats all they need to prove you owe them money.

You can offer them a full and final and see what they say.

[whistler114]

So a CCJ can change hands without informing all parties? Also is it worth noting that I did not admit to the debt?

 

If Arrow Global sent me a letter tomorrow asking for money for a CCJ I'd tell them to go stuff themselves since I've never heard of them. Could be an attempt to defraud me for all I know.

Edited February 15, 2009 by whistler114

[DocH]

LLoyds should have informed you in writing (a Notice of Assignment) that they were passing the ownership of the debt to Global Arrow.

 

As already stated, a CCJ does not become statute barred, however, if the company has not chased you for payment within a period of 6 years from the date of issue of the CCJ, that company would need to go back to court to be able to enforce the CCJ. They would have to explain to the court why they had not made any effort to enforce the CCJ for 6 years.

 

Also is it worth noting that I did not admit to the debt?

 

Yes, but debbbys reply is more important:

 

If you didn't recieve any notification of the CCJ, default notice & Particulars of claim. & can prove that you have never been contacted by Arrow either before & after Judgement. You could apply to have the CCJ set a side.

 

Be wary of Global Arrow, they are quite aggressive litigants.

[whistler114]

Thanks DocH. It is very strange that they haven't contacted me and I haven't moved house since the CCJ.

 

I did receive notification of the CCJ (have the docs in front of me) but I have never been contacted by Arrow nor notified by anyone (lloyds or the court) of the change. How do I prove this though? Show the court my empty hands and say "look, no letters!"

 

After much research on this site I'm tempted to just leave it for now. Since they aren't interested in chasing and it's been almost 3 years, then I don't want to stir up the hornets nest.

[DocH]

I did receive notification of the CCJ (have the docs in front of me) but I have never been contacted by Arrow nor notified by anyone (lloyds or the court) of the change. How do I prove this though? Show the court my empty hands and say "look, no letters!"

 

The burden of proof is on the claimants, not the defendant.

 

After much research on this site I'm tempted to just leave it for now. Since they aren't interested in chasing and it's been almost 3 years, then I don't want to stir up the hornets nest.

 

Well if they do start chasing you remember there is the set aside option as you did not submit a defence.

[whistler114]

The burden of proof is on the claimants, not the defendant.

 

Excellent! I will contact the court and inform them of this.

 

Well if they do start chasing you remember there is the set aside option as you did not submit a defence.

 

I did read up on this but I thought this had to be done within 28 days and the chances of the court setting aside a CCJ after this long was slim to none. Plus I'd need a very good reason. I need to research further.

[DocH]

Excellent! I will contact the court and inform them of this.

 

You will only need to inform the court if Global start enforcement action. I'd leave sleeping dogs alone for the moment.

 

I did read up on this but I thought this had to be done within 28 days and the chances of the court setting aside a CCJ after this long was slim to none. Plus I'd need a very good reason. I need to research further.

 

You could start your research by consulting the Civil Procedure Rules, specifically 13.2:

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

and the National Debtline:

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[sam614]

last dec lowlifes chased me for a old debt from lloyds tsb,there had been a ccj in place on this debt ,like you i had never payed it and tsb never enforced it,

leeds losers came out of the woodwork claiming ownership 18 months after it fell from my credit file.

they would not except it was statute barred (because of ccj)

they had the court details due to the fact that they had done 2 traces on my credit file, first one 6weeks before it was due to fall off,then 9 weeks later,....

they had to admit defeat but only because they could not get cca / or doa from lloyds

 

not dealt with global,so dont know if they are as stupid as lowell,if i was you as advised above id leave it sleeping till they start contact, good luck.

 

sam:plowell detester