please help!!!

[ben1305]

Hi guys,

I have a dca chasing me for a debt with welcome finance.

I took out an hp agreement around 2000.

The car broke down. i had taken out mechanical breakdown insurance (aswell as all the other insurances that welcome added without making me aware).

To cut a long story short welcome refused to fix the car under the mechanical breakdown insurance. I then told them that i would not be paying them anymore money until they fixed the car.

They still refused then decided to repossess the car.

 

I heard nothing from them for many years so assumed that i owed them nothing as they repo'd the car.

 

To my suprise i've been getting hassled by JBDR debt recovery for several months. always by telephone and it can be several times a day. I've told them every single time to write to me. They say they have sent several letters out but we have never recieved a single one.

 

The last time they called i told them that what they are doing is harrassment and that i would take the matter further if they did not stop.

 

They said its not harrassment when were trying to help you blah blah blah...

 

What i would like to know is who to send the cca request to. do i sent it to JBDR (the dca) or do i send it to welcome?

 

I dont have any paperwork regarding this as it was so long ago and i've moved a fair few times since!!

 

I'm desperate to get this sorted as they ring me at home and at work.

[dx100uk]

if its 2000 then its atatue barred me old fruit

 

you could fire that letter off

but me thinks you've got yourself on a phishing letter list.

 

i'd ignore them

 

dx

[ben1305]

the last time i heard anything from about this debt was around 4 years ago. since then i heard nothing.

Then all of a sudden i get bombarded with phone calls from this jbdr.

Is this still statue barred???

[sam614]

the last time i heard anything from about this debt was around 4 years ago. since then i heard nothing.

Then all of a sudden i get bombarded with phone calls from this jbdr.

Is this still statue barred???

 

was your last payment over 6 yrs?

 

SAM:pLOWELL DETESTER

[ben1305]

yes my last payment was over 6 years. I have not admitted liability for this debt in writing or by making a payment over the last 6 years.

However i do have a ccj from welcome due to this. Would this affect the statute barred???

[maroondevo52]

I'll move this thread to the Welcome Finance Forum.

 

 

If the creditor has previously taken you to court and you have received a County Court Judgement, you will be unable to use the Limitations Act 1980 to dispute the debt. If the judgement is over 6 years old the creditor may need the permission of the Court to enforce the debt.

 

A CCJ is never spent, and the court could enforce it at their discretion even after 6 years has passed, although they would need to show a valid reason it took so long to collect the debt.

 

 

Regards.

 

Scott.

Edited July 12, 2009 by maroondevo52

[ben1305]

thank you maroon

[postggj]

hi ben

 

when was the ccj issued

do you have confirmation from the court

 

in the early days, welcome hardly went legal

to much dirty laundry

[ben1305]

I couldn't tell you when the ccj was issued but i'm sure it was over 6 years ago.

 

Is it possible to find out from the courts about the ccj or would i need to get my hands on my credit file?

Edited July 12, 2009 by ben1305
cos i'm a muppet

[postggj]

do one of these free online credit checks in your case

that is if you have no past debt hiding in the closet

 

if the ccj was over six years ago, they would be very hard pressed to get any court to enforce it now it has droped off your credit file

but needs to be confirmed

 

send the dca the telephone harrasment letter to begin with

 

 

send them this

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

__________________

 

 

my feelings on this is the dca have no chance

not even a court option

[ben1305]

Thanks post. I'll try the harassment letter.

Forgot to mention, I had a rather interesting phone call from JBDR on friday. They rang me (yet again) telling me i needed to agree to pay up.

Conversation went something like this...

 

Muppet.. Can I speak to Mr L***** pleas

Me.. Speaking

Muppet.... Its blah blah from JBDR

Me..... I've told you before to write to me as i will not talk to you

Muppet.... We have sent you 5 letters

Me...... no you haven't

Muppet... yes we have, the last one was sent on 25th june.

Me.... I have NEVER recieved ANY letters from you

Muppet.... What a suprise that you dont recieve letters about your debt

Me..... Actually i get letters about debts just not from you.

Muppet.... You lying

Me..... EXCUSE ME???

Muppet..... You'ra a liar. You have recieved them as we sent them.

Me.... prove it....

Muppet.... You're a liar

Me...... IN WRITING.... click.... i put the phone down.

[postggj]

thats the way to deal with them

from now on keep a log of the calls

record them if you can, you are allowed to and not tell them

 

send recorded delievery

 

let me know asap if the ccj or default if any is off your credit file

 

they are realy chancing there arm this lot

prob got the account for pennies knowing they have no chance to enforce or collect

[postggj]

until the harrasment letter kicks inn

 

tell the dca you dont acknowledge any debt and as usual every thing in writing and just put the phone down

[postggj]

thank my old pal cyber for this:-)

 

AFAIK whoever owns the debt has to apply for enforcement, but I seem to remember reading somewhere that if a DCA buys a debt which has a CCJ they have to enforce it within 6 months, no doubt someone will correct me.

[ben1305]

just signed up for my credit file (and my partners) with experian.

so now all i gotta do is wait.

As soon as I have it I'll letyou know whether the ccj is still there and if so how old it is.

Thanks for your help so far post!

[ben1305]

Just another bit of info for you...

The ccj was registered against me at a previous address not my current address (moved twice since ccj). will this have any effect on the enforcibility of the ccj?

any help is greatly appreciated.

[postggj]

if the n1 claim form was served at a previouse address with out your knowledge

 

thats grounds to have the ccj set asside. like it never happend

 

common tactic that with our dca friends

[ben1305]

would that be possible even with the length of time passed?

[postggj]

yep

[postggj]

the ccj is still active

its just the permission of the court would be needed to enforce

we will put the set asside on the back burner for the moment

its not needed

[ben1305]

cool. Just for my info does it matter who had the ccj made against me?

eg if welcome ccj'd me would the dca be able to act on it?

[postggj]

thats the point

it seems the ccj is over six years old

they would need the permission of the court to enforce

as its been so long

no chance

 

thats why welcome have floged it to the dca

 

as stated

if a dca does not start enforcement action with in 6 months of the debt assignment

 

they can then swing for it

[ben1305]

Deleted

Edited July 12, 2009 by ben1305
I'm an idiot lol

[ben1305]

I remember telling a dca to prove they had a legal right to recover the debt and heard nothing. then after years this JBDR (who specialise in recovering unrecoverable and old debts) turn up out of the blue.

[sam614]

thats the point

it seems the ccj is over six years old

they would need the permission of the court to enforce

as its been so long

no chance

 

thats why welcome have floged it to the dca

 

as stated

if a dca does not start enforcement action with in 6 months of the debt assignment

 

they can then swing for it

 

 

DCA will be granted permission within 12 calendar months of purchase date,IF UNDER 6 YRS.they also need valid cca and doa.court details will still be held if within 6yr of ccj date.

 

OVER 6YRS.they will only have 6 calendar months.still need cca/doa. BUT also need court details as they are removed from central court files.

 

you need date of judgement and doa of dca.

 

imho.as post says cant see it going anywhere thats why the lemon has been off loaded to dca.

 

SAM