sent JBDR a CCA no reply what next ??

[Martynandemma]

I checked that already and each time (1 about every 5 to 6 months) the searches are of the non credit variety. In reality its just a check to see if I am still living there so that they can continue their letter sending.

 

I am seeing my ex wife tomorrow so I will tell her that from now on any mail for me, to either hold on to it and then I can write return to sender on it or if she wouldnt mind doing it for me then I will get her to do it.

 

Its been 6 months now so anyone important already has my forwarding address so I dont really need to see any mail from now on.

[Martynandemma]

Hi everyone,

 

Lowells have tracked me down yet again for 2 accounts from barclaycard which have been off of my credit file for at least 2 years now. Debts are now about 8-10years old. Last known payment was sept 2006 so it wont be statute barred until Sept next year. Shall I keep ignoring them or should i reply to their letters. I suspect they know its less than 9 months til statute barred as they have tried contacting me more in the last 6 months than in the previous 4years!

 

Just today got another letter for a debt from RBS, this is very confusing as the debt was one half of an old CCJ from them. Can they sell half of a debt thats been CCJ'd? What kind of letter can i send as this CCJ no longer appears on my credit file but my last known payment was 2008 I think! Also when i tried to find out where this debt was RBS couldnt tell me as they didnt know who it had been sold to.

 

My credit file looks a lot better than it used to so could do with killing off these guys once and for all.

 

Advice please

 

Martyn

[dx100uk]

if a debt does not show on your cra 99% SB'ed already. forget them.

 

as for this RBS debt?

 

one half of a CCJ? sorry?

how old is the ccj?

 

dx

[Readalot]

Right!!! I am still shaking with anger after the call I just had.

 

They have just told me that they are going to their solicitor for court action which can envolve seizure of my bank accounts etc etc

I said that all I want is proof that they are legally allowed to persue this debt. He said they have sent me several letters & they wont be sending me anymore.

...

 

I had very similar experience with these clowns. They are chasing some old unenforceable debt, no CCA, a written admission of no CCA, a bunch of old unfair charges, bad DN and eventually accepted by me unlawful contract termination.

 

Now these clowns went out of woodwork, they:

- went in person to my workplace, an Innovation Centre run by local council and harassed receptionists demanding that I call them immediately about some urgent matter whle not forgetting to say that they are JBDR and it is one google search away from knowing that they are a debt collection agency.

- They sent to my workplace letters with demand to call them urgently

- They left multiply voice mails to receptionists (effectively employee of my business landlord, a local council)

- They called many times them demanding that I again contact them urgently.

- They called my home many times, I demanded all communication in writing etc...

- Eventually I got fed up and called them (had a good record of this whole conversation). Explained that they are breaking the law by harassing me at work and that they shall stop it. Told them the only phone number where I can accept their phone calls (0871... number routed to skype). Asked them to send me (gave address) all the information about the debt, CCA's, full statement of account and how exactly they arrived to alleged debt etc...

They offered F&F right away at 50%. I declined coz want to see the proof of debt first.

Promised to send via RM signed for.

 

A a few days later received a call to my work phone number (which I told them to not call) which was as described above on the same script as OP. However, they claimed that they have sent me all the documents and have my signature. The fact is that nothing was delivered and nobody have signed for anything on my side. So I told them, the guy told me that I am lying. I said no way it must be ither you lying or was delivered to a wrong address and just send it again. Then he told me that I am a director of so many private companies (gave me a list actually, surprise surprise, it's a public info) and that I can pay and just do not want and that I "did every trick in the book" and now he will do seizure of my bank accounts and that he will recommend "enforcement action". At this point I told him to go to do bad things to himself and hang up.

 

This is a quick a very accurate report of my last encounter with these mappers.

[sillygirl1]

Nice one, I still think one of my best lines was to a senior DCA lady who was well known on this site that I got more sense talking to my puppets than I did to her!

[caledfwlch]

Nice one, I still think one of my best lines was to a senior DCA lady who was well known on this site that I got more sense talking to my puppets than I did to her!

 

My best "line" was throwing a bucket of water, on an extremely bittery cold December day, over the miserable excuse of a human being who visited without appointment to see my Ex and refused to leave.

 

His claim for refusing to leave my property when I ordered him off? He said "this is a council house, so as a member of the public I have every right to stand in your garden" that obviously is extremely wrong anyway, but it wasn't a council house, it was private rental! He also seemed to think he had bailiff powers until I disabused him of the notion.

 

Anyway, after 20 mins, he was still refusing to leave. He threatened to return with more staff to smash our windows, he had harrassed my exes family members, (I had a debt with same company and another member of staff had threatened my mother on the phone! so was not inclined to be nice to the company or its reps anyway)

 

But then he said some extremely offensive things to my Ex and her friend who was with us, and I dramatically lost my temper, as I do when nasty little violations like that insult my family and friends so unpleasantly.

 

I grabbed the mop bucket which was next to me and threw its contents over him. He was not happy, made some more insults, so I chased him for a couple of streets, he looked sad as he was forced to run past his car, he had no chance of getting into it first, and he was running too fast to even try and call anyone for help on a mobile (from the later Police report, I think his mobile was water damaged and permanently broken by the water) So he couldnt have anyway

 

Just to note, I had absolutely no intention of hitting him, or using physical force, hence the mop bucket, it just occurred to me on the spot that as I am a large chap and by now clearly extremely annoyed with him, it would teach him a lesson to chase him, giving him the impression he was in a run for his safety. One is not a violent chap. I thought that maybe he would be a bit more well mannered next time he visits someones home.

 

I am of the opinion that standing up to Bullies, and making them understand what it feels like to be bullied is always the right thing to do, and one does not need to stoop to their level and use violence, there are always better ways, such as a bucket of water, or making them think they are about to be sorted out!

 

When I got back, we reported him to the Police - all 3 of us, me, ex and her friend gave individual statements, the result was the Police visited the companies officers, and gave the damp collector a severe telling off and warning

 

We have a right to use reasonable force to remove trespassers from our homes (I quite like the US phrase Home Invaders) he was refusing to leave, claiming rights he did not possess, and was attempting to intimidate, and was then extremely offensive to the female occupants. A bucket of water was easily reasonable force, especially as it did not involve using physical assault.

 

In the heat of the moment, I could not decide whether his behaviour could be considered "Affray" (behaviour or actions that would scare a reasonable person) which is an indictable offence, or if breach of the peace is indictable, and thus also covered by Citizens Arrest, otherwise I may well have simply "Arrested" him.

[sillygirl1]

Good one - these so called 'doorstep collectors' should all be rounded up and made to do community service if they misbehave - they are not bailiffs, do not have any powers (which probably adds to their inadequacies) and are not really effecitve if fuelled by greed (commission only collections) and aggression.

 

Some may be okay but I think they are in the minority.

 

Getting back to the thread, has the OP heard anything more from JBDR?

[caledfwlch]

Good one - these so called 'doorstep collectors' should all be rounded up and made to do community service if they misbehave - they are not bailiffs, do not have any powers (which probably adds to their inadequacies) and are not really effecitve if fuelled by greed (commission only collections) and aggression.

 

Some may be okay but I think they are in the minority.

 

Getting back to the thread, has the OP heard anything more from JBDR?

 

I believe in treating people as you find them, but when its a debt collector you know without a doubt its vermin at your door. 1 polite warning to leave, non compliance causes severe assertiveness. Every incident where an outraged occupier enforces his or her rights will wear away at the individual

 

I am extremely protective and aggressive with regards of me and mine's privacy and property though, due to incidents when living in bad places, such as the ex being mugged at our front door.

[rockwell304]

Excellent caledfwlch, well done! My approach is absolute zero tolerence and I believe everyone should respond in a similar manner in dealing with these so called collectors.

 

Some idiot on here last year was trying to convince me they are just doing their job! The name of the game these collectors employ is low grade intimidation, if that doesn't work then they have nothing.

 

The original poster should lodge a complaint with trading standards. I suspect once their bluster has evaporated the OP will hear no more.

[cashins]

I do wonder at the mentality of someone who would want to do the job anyway.

 

Had several calling over the years, never had a problem - 'get off the property and do it now' has always worked.

 

David

[Martynandemma]

Hi everyone,

 

Years and years ago I had 2 Barclaycards, both were defaulted, sold on and sol on again.

 

The last company to have these accounts was Lowells, I had made payments to them, then fell on hard times so stopped.

 

About 2 years ago I started getting letters from them, I have moved 3 times since but somehow they keep finding me. It has now been just over 6 years since my last payment so what I would like to know is, am I covered under the statute barred for this even though they have sent several letters in the last couple of years.

 

I want to send them an e-mail but I need to know if I am right before I do.

 

 

I also have another question about a CCJ, about 8 years ago I received from RBS. The limitations act doesn't cover CCJ's so what happens to a CCJ that is unpaid that is 8 years old and is not being actively pursued? (I did try to find out who to pay it to but RBS and the 3 DCA's I knew of all said they do not have the loan) Also The bank account part of the CCJ has been mysteriously split from the CCJ and Lowells are trying to get that off me. Are they allowed to do that with a CCJ ? split it up I mean

 

Hoping to hear from you guys soon

 

many thanks

[gordies]

an 8 year old CCJ would need a new order of the court in order for collection to be attempted although it is very unlikely that a judge would grant this.

 

check your CRA file and see if any debts are on there and what the default dates were and the last date of any recorded payment as the DCA's are famous for introducing fictitious payments in order to 'reset' the clock

[cerberusalert]

If you are sure that it's been six years since you last made a payment or written acknowledgement you can send the Statute Barred letter.

 

As for the CCJ; a CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless their were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

[Martynandemma]

check your CRA file and see if any debts are on there and what the default dates were and the last date of any recorded payment as the DCA's are famous for introducing fictitious payments in order to 'reset' the clock

 

Neither account is on my credit report and haven't been on there for at least 8 years, the only reason that I gave the DCA anything was due to a marriage break up and I panicked and payed them a token payment.

 

So the fact that they have been sending me letters for 2 years is not relevant then?

[gordies]

You paid them when?

 

they can send you as many letters as they want as long as you do not make a payment or acknowledge the debt in writing.

[Martynandemma]

If you are sure that it's been six years since you last made a payment or written acknowledgement you can send the Statute Barred letter.

 

As for the CCJ; a CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless their were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

 

What about the second part of this question, are the RBS allowed to split a CCJ and sell on the debts separately as the only time in the last 4 years that I have had any contact re this CCJ is from Lowells for the bank account part of the CCJ. (The CCJ was made up of a loan and the amount owed in the current account)

[Martynandemma]

You paid them when?

 

they can send you as many letters as they want as long as you do not make a payment or acknowledge the debt in writing.

 

I spoke to them on the phone about 14 months ago and they very helpfully told me that my last payment was in September 2006 so I make that 6 years. This is probably why I have been getting a letter a week for the last 2 months.

[gordies]

Personally I would keep my head down, not communicate with them in any way at all, and wait for October. Then you can safely start the Statute Barred letters.

 

As for splitting a CCJ, I cannot see how that is legal.

[cerberusalert]

What about the second part of this question, are the RBS allowed to split a CCJ and sell on the debts separately as the only time in the last 4 years that I have had any contact re this CCJ is from Lowells for what the bank account part of the CCJ. (The CCJ was made up of a loan and the amount owed in the current account)

Can you remember the original PoC stated?

 

It's academic really because even if it was separate to the CCJ it will be SB anyway.

[Martynandemma]

Can you remember the original PoC stated?

 

It's academic really because even if it was separate to the CCJ it will be SB anyway.

 

I still have the original document, both account numbers appear on the judgement, with the 2 amounts owed added together and claimed.

[Martynandemma]

Personally I would keep my head down, not communicate with them in any way at all, and wait for October. Then you can safely start the Statute Barred letters.

 

As for splitting a CCJ, I cannot see how that is legal.

 

That was my intention anyway, I just needed to know if it mattered that they had sent me countless letters in the last few years.

 

So I can send the SB letter, does anyone have a link to the draft letter, I take it I can e-mail them as I don't see why I should spend 60p on a stamp if I don't need to

[brokebutnotbeatn]

you need to wait into October before you send the DB letter as your last payment was in Sept.