Mums TBI Ccj In 2001, Still Chasing Payment- Have A Caution On Property

[emanevs]

Hi,

 

I hope anyone can help.

 

My mum is being chased by a firm called TBI Financial.

 

In 2001 a CCJ was made against her in Feb 2001, and a charging order by caution was made in 2001.

 

I have asked for a copy of the CCA agreement, they have ignored this, and I have also made a subject access request but they have not replied.

 

Do I have to submit an N1 court claim and try to get all this removed that way??

 

My mum did ring and asked to pay £10 a month - but all this sounds well dogey???

 

any help?

[postggj]

Ref The Charging Order

 

Was It Granted Because She Failed To Make Payments On The Ccj

 

IS IT A CREDIT CARD DEBT/LOAN

 

HAVE YOU CONFIRMED A CHARGING ORDER IS ON THE HOUSE

 

WHO WAS THE ORIGINAL LOAN COMPANY

Edited October 11, 2009 by postggj

[emanevs]

No reply to judgement (in default), ie. My mum did not reply or to her knowledge received the claim form.

 

Charging Order Absolute made April 2001, upon the application of TBI Financial Sevices, and on reading the affidavits on Neil Somerville filed herin and the order nisi made on the 2nd March 2001

 

My mum did not turn up to court, probably didnt know!

 

They now want over £6500 quid on a judgement of £2842.54????

[postggj]

Sorry To Be A Pain

 

Was It A Credit Card Debt/personel Loan

[emanevs]

loan I thinks

[postggj]

Have They Only Just Started Getting Heavy On Demanding Money

 

When Was The Last Time A Payment Was Made

[emanevs]

yep, just starting getting heavy.

 

£10 payment made in 2nd October 2009. phoned them on 22nd sept to discuss the debt.

 

no proof of debty provided, ie, havent seen the credit agreement - probably havent got it!

[postggj]

So It Took The Eight Years To Start Chasing Payment

Thats Not Going To Look To Good For Tbi Financial

 

Right

 

Sending A Cca Request Is No Good On This One As A Ccj Has Allready Been Granted

 

You Need To Send An Sar To Tbi Financial

 

As Its So Old I Doubt The Original Creditor Will Have The Docs

 

To Get Rid Of The Charging Order We Will Need To Get Rid Of The Ccj By A Set Asside

 

Can Any One Confirm If A Creditor Has Not Pursued A Ccj For Six Years Permission Of The Court Would Be Needed

[emanevs]

???

[postggj]

sorry

 

getting ahead of myself

 

as six years and over has passed since payment on a ccj, i believe but dont quote me,

tbi would now need the permission of the court to demand money.

the court will want to know why they have left it so long

 

as the account has been terminated and subject to a ccj, the creditor has no reason for sending out an agreement via a cca request

 

you need to send tbi a sar and quote the docs you need as they prob have none.

 

fire away your questions

 

i have a tendancy to answer in riddles

[emanevs]

cheers postggi,

 

We have sent the SAR, No response yet.

 

Is there anything else we can ask them to do?

 

Can we apply to set aside?? what about this caution on the property? how do we remove?

[postggj]

the ccj needs to be set asside before a charging order can be revoked

 

they have shot them self in the foot by waiting this long

 

i dont think the ccj can be enforced any more or even the charging order

 

dont quote me

 

still digging

[emanevs]

set aside it on the basis that its over 6 years old????

[postggj]

correct

 

 

but it will be up to a judge

 

ive had curent ccj set asside before

not an expired one so to speak

 

whole new ball game for me

[emanevs]

the ccj is not on the credit report?

[postggj]

it wont be

 

its expired from the credit file after six years

[emanevs]

should I make a N1 claim to set aside or wait for SAR information?

[letitbeme]

Have you been making sporadic payments from 2001 to the last payment or is the last payment the first payment

[postggj]

hi letibeme

 

seems no payment in eight years then a payment 2 weeks ago

 

i think the dca are shooting blanks on this one but needs to be confirmed

[letitbeme]

 

i think the dca are shooting blanks on this one but needs to be confirmed

 

Totally agree postggj.

[emanevs]

paying the ocassional £10 I think, last one october 2009??

 

In their last letter the only way they are proving the debt is

 

1) Correspondence dated 11th Jan 2000 stating that "i would appreciate you sending me the forms in order for me to set up a direct debit with my bank in order to pay off this balance"

2) Copies of the CCJ and Caution application.

 

NO CCA, OR CREDIT AGREEMENT??

 

I also thought they cannot add interest unless the CCJ was over £5000???

[postggj]

they cannot add interest unless its on the n1 claim form and the judge has agreed to it

[emanevs]

on the charging order - absolute its says

 

.... stand charged with the payment of xxxx the amount due from the defendant to the claimant on a judgement of this court dated xxx together with any interest* and £170 costs of this application, the costs to be added to the judgement debt.

 

*where judgement is entered for more than £5000 or includes a sum in respect of contractual or late payment interest, the claimant may be entitled to further interest.

 

any thoughts??

[postggj]

may be entitled

 

unless agreed by the court

 

NO THEY CANT ADD INTEREST

[emanevs]

even if they could have it wouldnt have been a total of £6500 on a 2800 ccj????