Tesco via IJ going for charging order

[Nottsdave]

Hi

 

Have some fun let em take you to court, as long as you have been paying Tesco and you can prove it, you could have a right old giggle

 

Notts

[wilko1]

I've received a letter from a DCA titled Notice of Collection Visit. It says someone will visit, not may, but will.

 

Bit of background info.

 

OC have a CCJ against me, they tried to get a charging order but failed on account of the fact I live in a rented house. The judge ordered that I continue with the small monthly payments I was making. This I have done without fail. Without any NOA a DCA wrote saying I had missed payments, I phoned them to say I was still paying OC as instructed by the court, I said I wouldn't deal with them until debt was legally assigned to them. I also told them on no circumstances to send a doorstep collector.

 

Assuming someone does turn up what would be the best way to handle the situation and cause the DCA the most pain.

 

Thanks

[Rooster-UK]

Send this letter......

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131334-dca-response-threats-home.html

 

Edit to suit your circumstances.

 

Remember that you are not obliged to open the door to them.

Don't get involved in any conversation with them.

 

Regards, Rooster.

[rameses_qc]

If it's the subject of a CCJ, then no ****** self-important DCA can make you pay anymoreI think you are correct in refusing to deal with them. I would also send a stiff letter of complaint to the O.C. and contact T.S. the O.C. is acting in breach of the OFT guidelines. it's not the DCA's fault as they will be the normal ignorant walloper with not a brain cell between them

[fiftypence]

Send the letter mentioned by rooster.

 

IF they turn up you don't have to open the door but if you do open the door tell them to s0d off, there is absolutely nothing they can do about it, they have absolutely NO powers at all. Do not get into any kind of discussion with them, give them 5 seconds (or 10 seconds if you have a particularly long driveway) to get off your property otherwise you will call the police (local number not 999) to report a breach of the peace.

[42man]

Or if you know a friendly copper, get them to call the DCA to ask when they will be arriving as they would like to be in attendance...

[wilko1]

Tesco obtained a CCJ against me about 2 yrs ago. I was ordered to pay £7/mth. A month ago they sent a statement with the balance of the loan at nil, it had previously been about £11K, I am assuming they are going to sell the debt. My question is, what happens about the CCJ considering the account balance is now nil.

 

Hope that makes sense.

 

Thanks

[supasnooper]

The CCJ will still be valid until the debt is repaid.

 

Unfortunately, if it had crossed your mind that you didn't have to pay any more (which I'm sure it hasn't); then it would give Tesco a very good reason to go for a possible Charging Order (if you own a property that is).

 

Bloomin' 'eck, I'm sounding like a DCA here.....full of "if's" !!!

[fdpm]

What if you own a property but there is no equity plus your mortgage is up to date - can a creditor force a charging order on you then?

[supasnooper]

What if you own a property but there is no equity plus your mortgage is up to date - can a creditor force a charging order on you then?

 

 

Here's a good link that should answer most questions you have -

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

[wilko1]

I’ve been paying a CCJ off at £7/mth, 2 mths ago I received a statement from the creditor saying the balance was nil, I know I still owe about £11K and assumed the account was to be sold. I didn’t cancel the SO I’d been paying and the next payment went out. Today I received a letter from my bank saying the £7 had been re-credited to my account because the receiving account was closed. I’ve heard nothing from the original creditor or any buyer. Any ideas what’s going on? should I cancel the SO? Is this some kind of wicked DCA plot?

Thanks

[spamheed]

Make sure that you keep the letter from your bank safe, should they make any claims that you haven't paid, you will have proof that you did and the error was at their end.

 

I would suggest that you write a letter qrequesting clarification of the status of the account from the company you have been paying.

[cerberusalert]

Keep the letter from your bank as evidence in case a DCA crawls from under a rock. It would be prudent to cancel the SO but keep the money seperate.

 

They may have sold the debt on, so expect a missive from some lowlife or other in the near future.

[sillygirl1]

Contact the court who issued the CCJ and explain the situation, they will be able to give you more advice, it may be that the initial 6 years you have to pay a CCJ have expired and the repayments are no longer enforceable.

[wilko1]

I had a CCJ registered against me in 2008, after receiving papers from Northampton and admitting the debt. I can't find any paperwork for it now. The creditor then applied for a charging order which I successfully defended in my local court, I won on account of living in rented accomodation. I can't find any paperwork for that either.

 

I'm really annoyed with myself because I'm usually very organised with paperwork.

 

Would it be possible for me to get copies of the paperwork from the courts? how would I go about it, as I don't have any case numbers etc?

[Michael Browne]

You can search the Registry Trust for £8 here:

CCJs, court orders & fines - Search yourself and others - Trust Online

 

which will give you the case no., court, date etc.

[wilko1]

How long do ccj's stay on your credit file. I have two. one was paid up about 5 years ago, the other creditor stopped taking payments about 4 years ago. Any advice would be appreciated.

 

wilko1

[dx100uk]

6yrs from its birth.

 

dx

[wilko1]

Thank you

[wilko1]

I received a ccj on a cc debt 6 years ago.

 

 

I made the small payments that the judge ordered,

then after a few months they took me to court again to try and get a charging order on the house.

 

 

Trouble was I was living in rented accommodation.

 

 

After a few more months they sent me a statement saying the account was closed.

 

 

The direct debit was still in place but it was returned to my account.

 

 

I sent them a letter asking what was the status of the account, they ignored this.

The next DD was returned so I cancelled the DD,

I haven’t heard anything from anyone re this account in the past 5 years.

 

Could anyone shed any light on whether they can resurrect this ccj’d account

even though there has been no activity for the last 5 years

and they have said the account is closed with a nil balance.

 

 

I ask this because I may soon have a financial interest in a house

and I don’t want to get a charging order on it.

 

many thanks

[dx100uk]

name names and dates please

 

 

and what was the org debt and WHO took you to court.

 

 

dx

[wilko1]

The original debt was a personal loan (not a CC) with Tesco finance, it was Tesco who took me to court both times. There was still over £10K owing.

 

The CCJ was in September '08, they tried for the charging order about 2 months later.

 

I received a statement showing the balance as nil and the account closed in November '09. The last DD payment was October '09.

[BRIGADIER2JCS]

The original debt was a personal loan (not a CC) with Tesco finance, it was Tesco who took me to court both times. There was still over £10K owing.

 

The CCJ was in September '08, they tried for the charging order about 2 months later.

 

I received a statement showing the balance as nil and the account closed in November '09. The last DD payment was October '09.

Do you regularly check your credit reference files? If so does this debt show on them.

It seems to me that this account may well have been sold on.

[wilko1]

I’ve looked on noodle and this account is there, showing the lender as Tesco, no other names appear.

 

It shows a defaulted date of 30/10/09. It appears that Tesco have defaulted the account then closed it 3 days later.

 

I still need advice whether someone can reactivate the old ccj.

 

Thanks

[dx100uk]

usual action to default then sell on.

 

 

so now confirmed as sold

 

 

dx