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    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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CCJ whilst in Prison!


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Hey all,

 

I have a major problem with severn trent water and its really doing my head in because these guys have no clue what their right hand is doing from their left!!

 

Ok little background info, i moved into property 19 july 2009 had a few water bills come through that i ignored, had a Notice from Count Court come through sometime in november 2009, called up water and agreed to avoid ccj i must pay by water card. No problem i start paying by water card.

 

Then i know i am going to prison on 26 march 2010 so i call them say i'm off to prison send me a final bill (this info is logged on their system). No final bill came before i went into prison.

 

came out of prison on 21 july 2010 then checked credit file last month and i see a ccj from them for £97. I call em up and am told send proof of being in prison and we can see what to do. I send proof of this to them. I get a letter from them now saying give us proof you're no longer responsible for bills at address from 26 march 2010 EVEN THOUGH i was sat in prison and they have evidence of this! Anyway get proof from landlord that i was no longer responsible after 26 march 2010.

Now i recieve a bill saying they want £197!!! I call them and ask waht the hell they on about, i get told from the date i moved in 19 july 2009 to 26 march 2010 my bill was £105.76. I have made payments to the amount of £104.30. They then tell me that they have added £100 court costs, £25 solicitors fees £4.09 interest fees and £2.25 fees for something else. I then say tell how exactly you get £197.64 when what you've just said to me comes to roughly £130. Phone was put down on me!!

 

I have a spliiting headache from dealing with this and need some advice as to how i can proceed with this issue and especially wether or not they could give me the ccj.

 

thanks

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  • 1 year later...

Sorry to bring up an old thread again, BUT i haven't dealt with this problem due to dealing with other issues and now this ccj is starting to be a thorn in my side! The above poster advised that if i could prove i was in prison whilst the claim form was issued i should be able to get it set aside. Is the claim form the Blue Paper they send out before going to court (Form N1 i think). If its the BLUE paper before going to court, yes i DID get that before going to prison, but i called up Severn Trent who told me to avoid action just pay by watercard which i did do, then i went to prison after the 3rd payment. It was whilst in prison that judgement was made and i didn't get a chance to respond to the judgement & most annoyingly is that i did tell servern trent that i was going to prison BEFORE and they didn't send me out a final bill.

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Getting a set aside several years after the event may be difficult, but give it a try. Does not mean it will be granted and you will still have the bill. It may be advisable just to pay off the amount owing, so at least your credit record would then show as paid.

 

This link should help you.

 

http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/

We could do with some help from you.

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Sorry to bring up an old thread again, BUT i haven't dealt with this problem due to dealing with other issues and now this ccj is starting to be a thorn in my side! The above poster advised that if i could prove i was in prison whilst the claim form was issued i should be able to get it set aside. Is the claim form the Blue Paper they send out before going to court (Form N1 i think). If its the BLUE paper before going to court, yes i DID get that before going to prison, but i called up Severn Trent who told me to avoid action just pay by watercard which i did do, then i went to prison after the 3rd payment. It was whilst in prison that judgement was made and i didn't get a chance to respond to the judgement & most annoyingly is that i did tell servern trent that i was going to prison BEFORE and they didn't send me out a final bill.

 

 

 

So you were served with teh papers and had left it 2.5 years to apply to set aside?

 

I think you will struggle.

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Well the ccj was issued in May 2010 whilst in prison, came out in July 2010, found out about ccj in sept 2010, went back & forth with servern trent till march 2011, then i handed it over to solicitors in April 2011, sent off some paperwork to court in northampton in May/June 2011 & haven't heard back from them. Its only because i'm looking for a mortgage this issue has come up again and needs to be dealt with. And yes, i HAVE paid servern trent thier money....

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Well the ccj was issued in May 2010 whilst in prison, came out in July 2010, found out about ccj in sept 2010, went back & forth with servern trent till march 2011, then i handed it over to solicitors in April 2011, sent off some paperwork to court in northampton in May/June 2011 & haven't heard back from them. Its only because i'm looking for a mortgage this issue has come up again and needs to be dealt with. And yes, i HAVE paid servern trent thier money....

 

So the set aside is purely that you want it off your credit record !

 

I don't think it works this way. You can try to set aside on the basis of your absense and therefore you could not pay before the CCJ was granted. Also you have since dealt with the debt and the CCJ on your record is unfair.

 

If you don't try, you won't know. There is no guarantee.

We could do with some help from you.

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The CCJ is not marked as satisfied and i've not applied to the court to mark it that it has been paid. I'm more wanting to have it removed as it should have never been there in the first place. I've thought of possibly writing to severn trent and asking them to remove the CCJ as i've read somewhere that they can have it removed if they're willing.

 

The other thing that does get me is that the amount claimed is incorrect on the CCJ & severn trent know the amount claimed is incorrect. Then we have the issue of them saying that there was a warrant fee and they gave me a warrant number, i checked my local county court and they said no such warrant was issued & they checked my name for any other warrant numbers and found non. I contacted northampton & they told me no warrant. Now all along ST have been adamant that i pay this warrant fee, its only when i told them that i have checked the warrant number up and there is no such warrant AND by them claiming that there is such a warrant and wanting me to pay it would result in me reporting them to the police for a criminal offence under the Fraud Act 2006 & The Theft Act 1968. After quoting the sections i was told someone would call me back, 2 days later i get a call back & suddenly i'm being told there never was any warrant & whoever told me this made a mistake. So i left it & paid them the balance that i owe. Now i do have bills which show this apparent warrant on it!

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