Letter re old debt sold by CLFinance

[Challenging]

After repossession of my property last year we moved to a new address. We only gave our forwarding address to people who needed to know i.e bank, doctors etc. We have a couple of items of mail that have found us at our new address. There are several small items of debt outstanding at my old address (along with ashortfall on the secured loan)and we have started to get a couple of letters from DCAs but to be honest we tend to ignore where we can. We recently got a letter from Aktiv Capital who said that they were now the legal owners of a debt from GE Capital then CL Finance. They said they had traced me through a public database (we are on the edited version of the electoral role) and they had found someone with the same name (although on the letter they gave all of the amounts etc). Isn't this just name chasing/breach of data protection - I could be the wrong person?They did not state the address it related to and the balance was higher than it was with CL Finance. The account they referred to was a small CCJ from 2003 (last payment April 08) - how can they enforce this at this stage? I know that they can't go for another CCJ, can they register a default. What would be my best next steps anyone?

[Challenging]

Any advice would be greatly appreciated

[twofoot]

If I were you I'd ignore for the time being. If it is jusst graffiti they send then it means nowt. If they send anything else come back here. They could go back to court with the same ccj but that would mean the oc getting the debt back I suspect.

[foolishgirl]

Aktiv may be fishing but looks as though they may have caught up with you.

 

I am assuming you were paying the CCJ debt via monthly payments from 2003 to April 2008. Have you cleared the balance outstanding?

 

For info, you must pay all payments as ordered by the court or the creditor can apply for a warrant of execution (for which you will be charged) which then authorises a baliff to call & take possessions to the amount required to pay the debt. If the balance is higher than with CL & you haven't made all your payments on time, this could be the reason. Of course, it could just be Aktiv hoping to make a quick buck.

[Challenging]

Thanks for the replies. I never actually got to see the original credit agreement for this and it was only discovered when a DCA contacted me in 2004. I am thinking of asking for the original credit agreement (if one exists as I know that some DCAs go for CCJ even when the agreement is not enforceable). To be honest part of me wants to ignore it as they are just fishing and don't have proof but the other half would like to sort it out and get this off my record.

[foolishgirl]

The CCJ is still valid even if they obtained it without an enforceable CCA & you prob. wouldn't get a set aside after all this time so you're stuck with it I'm afraid.

[foolishgirl]

BTW have you applied for a credit reference recently? Do you know what is listed against you?

 

Of course, you should be aware that in doing so now will flag up your new address to all incl. DCAs.

[Challenging]

Hi

 

Yes just before Xmas. I have been doing some research as to how they are tracing me and it appears that they are probably getting it through my credit file via the gone away information network - GAIN. (I have maintained my car finance agreement, phone and changed my address with the bank).

 

I will probably write to them and ask for all payments received and dispute the balance. I would be happy in making a short settlement but would like to be awkward first.

 

At the end of the day I want to try and repair what I can (or that which I have to do to put things right) but at the same time be clever in the way that I things.

[foolishgirl]

Hi

 

Yes just before Xmas.

 

And was the CCJ showing up on the files? Did it have an o/s balance against it?

 

I will probably write to them and ask for all payments received and dispute the balance.

 

This is prob. a good way forward with your CCJ payments plus ask them for their banking details so you can make the monthly payments. Tell them it has to be a Standing Order, you don't do DDs & that all contact has to be in writing (otherwise they'll write back telling you to phone & once they have your number you'll never hear the last of them!!) Don't EVER speak to them by phone.

 

FG

[Challenging]

To be honest, after what happened last year I have not checked my credit file but I did get a small amount of credit before Xmas to try to help to repair my file. I presume that the CCJ will be showing against the old address. I want a clean bill of health for this new address, but if I can I would like to keep some things in the past. I will ask for my credit report against this address and will check whether Aktiv have registered a default without confirming that I am the correct person that they are looking for as this appears to be common practice for them.

[The GodMother]

the ccj will fall of ur report in apiril this year

[Challenging]

Hi & thanks for the reply- much appreciated. Is that because I haven't made any payments since April of last year or the age of the debt? If this is the case I might be better ignoring the letter or denying that I am the 'right person'. Do Aktiv normally enforce CCJs after they buy the debt or would that prove too costly/risky given the current economic climate? I am suprised that CL Finance sold the debt as I found them to be very keen to enforce via courts/warrants etc.

[The GodMother]

The CCJ was obtained in 2003 now unless u live in Scotland the ccj will drop of you Credit record after 6 years, 5 year in Scotland, so April 2003 + 6 full years = April 2009

[foolishgirl]

They can still chase you for the payments though. It just means it won't show as a CCJ on your CRA files.

 

BTW, you have to give all addresses on your application for your files & even if you don't, suspect they'll tie it thro' electoral records etc.

[The GodMother]

i know they can but after 6 years it will be more difficult for them to enforce. If they were to take u to court u a judge could say why has it taken them this long they may not be as sumpathic to them as it has taken a while

[Challenging]

Could Aktiv (theoretically) apply for a new CCJ or are they not alowed to apply for a CCJ on a debt with a previous judgement? My main aim is to manage my credit record and focus on how they can wreck it before taking the next action.Thanks for all your help.

[foolishgirl]

One CCJ per debt - they don't need to go back & get another, they just need to enforce, usually with a warrant of execution.

[The GodMother]

yes but the problem there would be u could appeal the decision to enforce as it is over 6 years old and in reality no debt exists