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Help needed on Setting off a Judgement, or not. . . .


mp0u8015
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About 6 months ago I received a letter from a solicitor on behalf of a company called HLCF claiming that they had bought a debt of mine from a company called BMS (Booker Management Services) and they have obtained a judgement against me. I had never heard of either company and disregarded what I thought was a [problem]. A month or so later a bailiff arrived unnanounced and left a note to contact him. I spoke with them who explained that the original debt was with barclays.

 

I used to have an account with Barclays some years ago but am unsure whether or not it was ewver paid off in full. I am guessing not now. I explained to the bailiff that I would not make any payments without a credit agreement from Barclays signed by me along with a notice of Assignment of this debt

 

1. From Barclays to BMS

2. from BMS to HLCF.

 

the bailiff agreed with me that I should not pay until I receive these documents and that he would request them from the solicitor.

 

I received a copy of the notice of assignment between BMS and HLCF but not the other documents requested.

 

The bailiff then passed the case back to the solicitors as they were not willing to enforce the debt any longer.

 

Since this I have now received a letter from BMS demanding repayment. Confusingly I have a notice of assignment stating that BMS have sold the debt.

 

What should I do? I have been advised to set aside the judgement and defend the new the claim, would I be able to under these circumstances?

Edited by mp0u8015
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Welcome to the CAG forums.....do you know if the account is statute barred at all ? (i.e. has it been 6 years (5 in Scotland) since you last made a payment towards or acknowledged the debt) OR has there been a gap of at least 6 years where no payment was made (pre CCJ ?)

 

Do you know when you last used the account ? is it likely the debt is made up entirely of excessive charges ?

 

It might be worth looking to see if you can set aside the judgment.... - Removal of CCJ's - Step by step guide to the process

 

In the first instance a SAR (Subject Access Request) to the original creditor may be a good idea - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

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The account has not been used since 2002/2003, it has definitely been more than 6 years since a payment was made, however the Judgement was made without me receiving any paperwork whatsoever in 2005. the first I heard of this was towards the end of 2008 as detailed earlier.

 

Any amount owing is unlikely to be charges apart from those added since.

 

Are they obliged to return all of the information that I request by the sending of a Subject Access Request even though they have a judgement against me? If so and they cannot supply me with this info where do I go from there?

 

Thanks for the advice.

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The SAR request needs to go to the original creditor.....this does cost £10 unfortunately (send postal orders if necessary) and send recorded to the Data Compliance Manager at their head office, they have to comply with your SAR within 40 days...as for the judgment, was the CCJ issued against an old address ?

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How will I benefit from sending barclays the SAR? Surely they have washed their hands of it now.

 

yes the CCJ was registered against an old address and they have my new address but having checked online on the trust website I have no judgements against me. I have subscribed to Credit expert and annual creditreport and there is nothing on either of them.

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