BMS Final demand

[mrunsure]

Hi all, i received a letter the other day from BMS demanding payment for a CCJ against me. While i do remember getting the CCJ i can't remember when it was, think i defaulted over 6 years ago. Is there anyway i can find the date of the CCJ as i no longer have the paperwork.

 

On a side issue they have spelt both my middle name and surname wrong!!

 

What i would like to know are what options are open to me.

 

Many thanks

[andie_303]

I'm sure you can check with the court that granted it - they would be able to search by your name address etc

[mrunsure]

They only give me a claim no, not the court that granted it?

[mr.ton]

If its not registered with a court somewhere, then the DCA is simply trying to pull a fast one.

If this is the case, they are in contempt of court & also report them to the OFT/trading standards.

[cerberusalert]

You can check yourself online Check the registers for your CCJ, judgment and fine records - Trust Online it'll cost £8

[mrunsure]

thanks for that, i will have a look, but it only will cover the last 6 years wont it? Also it wasn't on my experien credit report when i last looked (3 weeks ago)

[cerberusalert]

If it's older than six years it would have dropped off your credit file anyway, and for any creditor to try and take enforcement they would have to have leave of the court. To get that they would have to show a judge very good reason why they hadn't taken enforcement action earlier.

[IdaInFife]

send them the SB letter to see what they come up with

 

letter M

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Ida x

[mrunsure]

Thanks for that, just can get a bit scary dealing with these people.

 

So the statue barred letter would be the ideal response then

[mrunsure]

oops sorry was typing when you posted that ha ha

[IdaInFife]

let them prove that it isn't as above if over 6 years they have to take you back to court to enforce and even at that they need a sound proof reason why they havenlt enforced it.

 

ida x

[mrunsure]

thanks for that

[mrunsure]

as a matter of interest i have sent a s/b letter (reply received 10.05.09) out before to a different company with the result that my account is now on hold for 28 days while they obtain the information required..... they then go on to ask me to forward to them any documents i may have!!!

[cerberusalert]

they then go on to ask me to forward to them any documents i may have!!!

It's the standard claptrap they come out with. The onus of proof falls on them, you do not have to provide anything. When you sent the SB letter they now have to prove otherwise, if the try to continue collection activities they will be in clear breach of OFT guidelines and should be reported.

[mrunsure]

Thanks for that, if they do try to chase i will come back on here to learn my next option

 

Again thanks for your help

[mrunsure]

Hi all, think i'm been a bit thick here, but when would your account become SB? when you was defaulted on it or the date from the CCJ? or even last payment date

 

Sorry if its an obvious one!!!