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Merit Finance Limited - CCJ Bailiff Letter for 10 Year Old Debt


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Hi

 

Just had very interesting letter arrive to me this morning. My Property Agent sent me it as it was sent to her from a Tenant at old address.

The letter states Bailiff Removal in huge bold font with heading references underneath County Court Judgement and there reference number.

Basically if I dont pay amount due then within 7 days bailiffs will seize goods from property.

I rang them to find out what the hell it was, first searched for company and lets just say was immediately dubious when I foundthere website, or crappy one page web site with no info present at all. Searched net and cant find anything legal about them anywhere. Only registered entry in companies house. No registration with any other regsitered body Consumer Credit Act or even Data Protection

The lady I spoke to you informed me it was regarding a financially arrangement I had with NAAFI back in 1999 (Whilst serving in Army) Medical discharged Army in 2000. Payments were made from wages back then I believe, cant remember to be honest.

Basically she triedto explain who they were and why that letter was sent. Informed me CCJ had been applied late 2001 and they had purchased the debt and now demanding payment. I told her didnt know what she was talking about.

Thing is I left army and lived at my property for over 6 years after discharging, moved recently since. I have credit reports dated back to 2005 till now and even present form address where I from 2000. None of these reports have nay signs of any CCJ on them. My assumption was CCJ applied to my address at time which was barracks on camp!!

Also as cant find entry for them in Data Protection Register was rights do I have. They havent got a CCA licence which I can locate which I what I have been led to believe they need to register even if DCA and not actually lending money.

Is this enforceable, can I fight this. I have googled and found cant statute barred if CCJ present. Lady told me she didnt have any details of the CCJ just the date. She didnt have any paperwork out she could send me. Gave my reference numbers and original finance details of company which I told her I would check out as just know what she was talking about.

Read on here that you should play dumb and not acknowlege anything which I did

Anyone got any info they can give me and guidance as to what steps can be taken

 

Thanks

skf58B5.pdf

Edited by stefone
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Hi

 

Just had very interesting letter arrive to me this morning. My Property Agent sent me it as it was sent to her from a Tenant at old address.

The letter states Bailiff Removal in huge bold font with heading references underneath County Court Judgement and there reference number.

Basically if I dont pay amount due then within 7 days bailiffs will seize goods from property.

I rang them to find out what the hell it was, first searched for company and lets just say was immediately dubious when I foundthere website, or crappy one page web site with no info present at all. Searched net and cant find anything legal about them anywhere. Only registered entry in companies house. No registration with any other regsitered body Consumer Credit Act or even Data Protection

The lady I spoke to you informed me it was regarding a financially arrangement I had with NAAFI back in 1999 (Whilst serving in Army) Medical discharged Army in 2000. Payments were made from wages back then I believe, cant remember to be honest.

Basically she triedto explain who they were and why that letter was sent. Informed me CCJ had been applied late 2001 and they had purchased the debt and now demanding payment. I told her didnt know what she was talking about.

Thing is I left army and lived at my property for over 6 years after discharging, moved recently since. I have credit reports dated back to 2005 till now and even present form address where I from 2000. None of these reports have nay signs of any CCJ on them. My assumption was CCJ applied to my address at time which was barracks on camp!!

Also as cant find entry for them in Data Protection Register was rights do I have. They havent got a CCA licence which I can locate which I what I have been led to believe they need to register even if DCA and not actually lending money.

Is this enforceable, can I fight this. I have googled and found cant statute barred if CCJ present. Lady told me she didnt have any details of the CCJ just the date. She didnt have any paperwork out she could send me. Gave my reference numbers and original finance details of company which I told her I would check out as just know what she was talking about.

Read on here that you should play dumb and not acknowlege anything which I did

Anyone got any info they can give me and guidance as to what steps can be taken

 

Thanks

 

If the CCJ is more than 6 years old then they must go back to Court to "reactivate" it and will need a good excuse to do so. As you had obviously moved by the time this was done would give you grounds for Set Aside. One wqorrying aspect of this is that you say this company have "bought" this CCJ - they cannot do this. Are you sure these people are Bailiffs and not just a Debt Collector who has no powers at all?

 

PT

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i think these are a DCA chancing their arm.

bu making a pretty letter

 

can you scan it for us?

 

scan your agreement

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the CCJ was in 2001 then it would disappear from your credit file in 2007. As far as I am concerned, I would be write back to the company RIGHT NOW to say that as far as you are concerned, this supposed "debt" is without doubt "statute barred" and unenforceable and that you are copying their letter to the Office of Fair Trading, in particular with reference to the "threat" of a bailiff visit.

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Will post letter minus my details blanked out shortly. Trying to get sanner to work over network.

 

Can anyone confirm my immediate thoughts.

 

I rang ICO this aft and checked out Data Protection detials with them and this company either Paren, Trading etc is not registered with them.

 

I also did more checking and I led myself to believe, please quote if incorrect or tell me if I am right, but a DCA must be registered with Conumer Credit Licence and abide by rules governing Consumer Credit Act. Is this correct.

 

Also I ran off Experian and Equifax and this company ran a Grade 1 Credit Search against my details on 5th August 2010. This search is classed as Debt Collection and is registered as complete search and so viewable to anyone who whom I may apply to for credit etc

 

They do not hold DPA or CCL so how the hell can they do this.

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scan your sheets/agreements

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I dont have any sort of agreement, back in the day Army finance was all in house, you didnt have credit checks as such as your details were based on your Army number. Any paperwork I did have would of been long gone by now. Only thing Ihave is the letter I have attached from the suspect DCA/Bailiffs. Whoever I spoke to didnt even have the CCJ papers, I cant locate them as no CCJ record on my file.

 

To me this is a joke.

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hehe

you posted it up the top

it wasn;'t there earlier.

 

now

 

that looks fake to me.

 

have you looked at your CRA file?

 

that will be the proof.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes no CCJ, only thing found that is new is another black mark from Welcome Finance and Pheonix for same account (Same account 2 dirrent credit entries on file) and a new search undertaken by these guys. The search is showing in table A as such as a main credit search, this is how they were probably able to retrieve more information than they should of gotten if only doing address check or something. So my credit file marked by them aswell but nothing to do with a CCJ anywhere, Experian and Equifax.

 

But its like tomtubby said above it was back in 2001 I was told so this would drop off from view to anyone even myself, only way would be to pay an have main register checked but I shouldnt have to do that. I dont want to neither as not wasting my own money on this

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This Company are just Debt Collectors, according to the records their Consumer Credit Licence expired on 15/8/2008 but their Data Protection entry is still valid until 2 September next year. They cannot buy CCJ's so would suspect they are just trying it on. There is no proof of any CCJ or what the debt is for in their letter. Are you sure this relates to you and not someone with a similar sounding name.

 

PT

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This Company are just Debt Collectors, according to the records their Consumer Credit Licence expired on 15/8/2008 but their Data Protection entry is still valid until 2 September next year. They cannot buy CCJ's so would suspect they are just trying it on. There is no proof of any CCJ or what the debt is for in their letter. Are you sure this relates to you and not someone with a similar sounding name.

 

PT

 

 

Who is their DPA registered under cause it is Merit Finance, so how can they be DCA is licence expired. Firstly were they in their legal rights to run full blown credit check on me, cause my next port of call is to CRA to have this sorted.

 

It is me. She tried to explain what the amount was from and at one point mentioned finance to Army Personnel years ago before the company was sold off. Does fit as she knew my old Barracks address didnt have any addresses for me before then just that one.

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i would go as far as to say that letter amounts to fraud or atleast extortion

 

i bet the OFt or their local TS office would be VERY interested in what they are doing.

 

pers i would not respond to them anymore and CERTAINLY never use the phone to talk about your debts.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Who is their DPA registered under cause it is Merit Finance, so how can they be DCA is licence expired. Firstly were they in their legal rights to run full blown credit check on me, cause my next port of call is to CRA to have this sorted.

 

Taken from Data Protection Register

Registration Number: Z8152603

Date Registered: 03 September 2003 Registration Expires: 02 September 2011

 

Data Controller: MERIT FINANCE LIMITED

Address:

OAK GREEN LODGE

THE COMMON

HARTLEY WINTNEY

RG27 8RZ

This register entry describes, in very general terms, the personal data being processed by:

MERIT FINANCE LIMITED

This register entry contains personal data held for 3 purpose(s)

 

 

It may be they are in the process of reapplying for a CCL may be worth asking.

 

 

It is me. She tried to explain what the amount was from and at one point mentioned finance to Army Personnel years ago before the company was sold off. Does fit as she knew my old Barracks address didnt have any addresses for me before then just that one.

 

That's as maybe but it doesn't answer the question of them "buying" a CCJ.

 

PT

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So my next port of call. CRA contact and tell them they have to remove that entry form my record, under what grounds do I have on my side that they should rmeove it. There answer is only person who raised it can ask us to take it off, been there done that. CRA dont side with consumer as we all know.

 

Do I need to send of Statue Barred letter even though a suspect!!!! CCJ is involved.

 

What is best way of raising this to OFT ans TS, just a case of sending them a letter or best waiting till I have sent Statute Barred letter to Merit and see what there reply is.

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It may be they are in the process of reapplying for a CCL may be worth asking.

 

That's as maybe but it doesn't answer the question of them "buying" a CCJ.

 

PT

 

2 years big gap to reapply for expired licence. Or maybe just running without one.

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If there is a CCJ then it cannot be Statute Barred as the CCJ remains "live" until satisfied. I think the big question is "Is there a CCJ at all" after all they say they have nothing, if this is the case then yes SB comes into it but they are trying their hardest to get you to cough by threats. If you know who the original company was you could take an educated guess as to which Court they may have used but in reality it seems to be that this firm have just purchased a debt for bottom dollar. It appears you have a good case to report them to several different bodies some of whom may hopefully take them to task or worse.

 

PT

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  • 1 month later...

This is a chancing letter sent to old debtors who's CCJ have expired. They cannot send a bailif without getting court permission. Also they do have the CCJ and original credit agreements from what would have been know as ICF loans or Micro Loans both the same company and went bust Merit finance brought the entire loan book.

 

I wouldn't bother writing to them and just ignore the letter. Do not in anyway admit to the loan. Also as mention this is now statue barred so they cannot inforce anything on you

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yep agreed

totally ignore them

 

now as for the cra markers

you need to question the cra why its on there as its more than 6yrs and should have dropped off.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi there

I don't want to spoil the party -- but although CCJ's disappear of CRA's after 6 years I don't think that the actual debt can be SB'ed.

 

A court *might* take a view that if enforcement of the CCJ hasn't been attempted within this period then the debt is *effectively as good as SB'ed". You could be playing Judge lottery with this issue so I hope some good SOL here can post the limitation of enforcement of CCJ's if there is any.

 

In this case it looks like a CCJ was never actually issued so the DCA is on a totally illegal phishing trip so report them to all relevant authorities including the Police if Fraud or Extortion can be shown.

 

What is clear however another agency CANNOT buy the CCJ -- this itself would make the DCA liable to all sorts of sanctions anyway.

 

It would still be nice to have a SOL clarify the position of any limitations of enforcement of CCJ's however and how a court might react if a really old CCJ was being pursued for enforcement.

 

Cheers

jimbo

Edited by jimbo45
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