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What do you think I should do?


Tosh
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You seem a helpful lot, so I thought I'd ask this question.

 

About seven-years-ago I had a loan and a credit card with MBNA and owed them around £15K and I was paying them without any problems till my marraige went 'tits up' and I subsequently lost my job.

 

The debt was passed to 1st Credit and I did pay them a reduced rate for a few years, and they harrassed the life out of me until I had enough and told them to take me to court; which they didn't/wouldn't.

 

I've also changed addresses and do not have my name on the electoral role. They do not have my address but have my mobile number.

 

So, for at least three years, maybe four, I have not acknowledged 1st Credit in any way; I've ignored them.

 

Now what should I do? I would like to see if they have a CCJ on me, but I don't want to check my credit files in case they find out my new address. But if they do have a CCJ on me will this debt be statute barred after 6 years?

 

To be honest, I'm not 'flapping' about it; I'm perfectly happy to 'keep my head down', but I would like to know what the score is with this matter.

 

Thanks for any help.

Data Protection Act sent to Barclays Bank 15 May 06.

 

Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

 

Prelim letter sent 15 Jun 06.

 

Letter Before Action sent 26 Jun 06.

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It will be statute barred after 6 years but it's possible that as you haven't notified 1C of a change of address, a summons was served to you at last known address & they have obtained a judgment against you by default. You can check CCJ records here:

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

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Be careful if you decide to apply for any new credit facilities... as the link between your old and new addresses will be made at that point. If you've already applied for credit and succeeded, then the chances of you having a CCJ would be slim.

 

Personally, I wouldn't worry about this one until/unless someone makes contact. Even if there was a CCJ, they would need to prove it and then get it re-enforced anyway.

 

:)

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Thanks Foolishgirl,

 

I've just done the link and it says there's no judgement or orders that've been served to the address I was last known to be at by 1st Credit; so I guess that means that there's no CCJ against me.

 

So, unless they take a CCJ out against me the debt will be statute barred in two-or-three years.

 

Does anyone know when the six years begins? Is it from my last payment to them or my last correspondance?

 

Priority,

 

I've not applied for any credit; I doubt anyone would touch me with a barge pole in this respect, but thanks for the tip.

Edited by Tosh
clarity

Data Protection Act sent to Barclays Bank 15 May 06.

 

Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

 

Prelim letter sent 15 Jun 06.

 

Letter Before Action sent 26 Jun 06.

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Does anyone know when the six years begins? Is it from my last payment to them or my last correspondance?

 

It is from the last date the debt was acknowledged. That is usually last payment unless you inadvertently 'acknowledged' it in corresp.

 

If you are prepared to wait the 6 years out, note Priority's good advice above re. application for CCs or credit - they will jump on you as soon as they have a linked address.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks Foolishgirl,

 

I've just done the link and it says there's no judgement or orders that've been served to the address I was last known to be at by 1st Credit; so I guess that means that there's no CCJ against me.

 

So, unless they take a CCJ out against me the debt will be statute barred in two-or-three years.

 

Does anyone know when the six years begins? Is it from my last payment to them or my last correspondance?

 

 

From the last written correspondence or payment.... whichever is applicable, although your search may just have tipped someone off now. I'm not sure if these kind of sites are linked in the same way as the Credit Reference Agencies.... but wouldn't be surprised.

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Thanks Priority, but the link that Foolish provided did not ask me for my current address, just my name and the address any CCJ would've been supplied to.

 

So I'm fairly sure I'm okay.

 

As for wanting loans or any further credit I don't need or want any, so I'm happy with that. The only thing I'm after is serenity!

Data Protection Act sent to Barclays Bank 15 May 06.

 

Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

 

Prelim letter sent 15 Jun 06.

 

Letter Before Action sent 26 Jun 06.

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AFAIK this site is not connected to CRAs so rest easy Tosh. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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From the last written correspondence or payment.... whichever is applicable, although your search may just have tipped someone off now. I'm not sure if these kind of sites are linked in the same way as the Credit Reference Agencies.... but wouldn't be surprised.

 

from the last written acknowledgement that you owe the debt or the last payment you made to the account

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That's what I said...

 

the last written correspondence would NOT apply if within that correspondence you did not admit the debt

 

 

therefore if the correspondence referred to the debt but clearly demonstrated that you disputed it then it would not count against with regard to the SB clock

 

the difference is sublte but oh so important

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the last written correspondence would NOT apply if within that correspondence you did not admit the debt

 

 

 

therefore if the correspondence referred to the debt but clearly demonstrated that you disputed it then it would not count against with regard to the SB clock

 

the difference is sublte but oh so important

 

I doubt that a court would wear it, personally.... and I certainly wouldn't want to rely on that argument on a debt that was in my name and nearly statute-barred, that a company had a valid CCA for....unless you're referring to the wording "I do not acknowledge any debt to your company"... which we recommend goes on the top of all correspondence of this type anyway.

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well i was referring to previous correspondence that they were looking back through in order to determine if the sequence had been broken

 

it doesnt matter if a letter has that heading - if somewhere within its four corners there is mention that the debt is disputed- that is sufficient

 

longer sentences and bolder type will not make the statement

 

"this debt is disputed" any more or less compelling (IMO)

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It seems to depend on the wording that a person prefers; i.e "I do not acknowedge...." or "I am disputing....". It would also depend on the circumstances; i.e... whether the figures are being disputed or, whether a numpty DCA is tring to collect on an account without backing it up with the appropriate paperwork; hoping the person will acknowledge it.

 

The importance is in getting the right message across and with a nearly statute-barred debt, I would prefer not to acknowledge it (IMO)

 

:)

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It seems to depend on the wording that a person prefers; i.e "I do not acknowedge...." or "I am disputing....". It would also depend on the circumstances; i.e... whether the figures are being disputed or, whether a numpty DCA is tring to collect on an account without backing it up with the appropriate paperwork; hoping the person will acknowledge it.

 

The importance is in getting the right message across and with a nearly statute-barred debt, I would prefer not to acknowledge it (IMO)

 

:)

 

fair point

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