Equidebt driving me cuckoo please someone help.

[lissyandchops]

I hope Im putting this in the right place on this site ,please forgive me if Im not.

 

I have read and read forums for weeks and have gained some brill information but am now stuck .

Basically my partner has moved in with me recently ,he has received letters from Equidebt saying he owes £6140 from 2002.

I challenged them with a CCA etter to which they responded that basically they havnt got it but dont need it as there is a ccj in place for the enforcement.

They also have sent a statement to show that some payments were made in 2002 ,the last payment being made on this account was Dec 2002 after the CCJ.

Anyway my partner dosnt remember there being a ccj for this account -(he had loads of debts etc he was sorting at the time) .

We have been onto the registry trust and searched and also experion,equifax and call credit and there is no record of a ccj (probably because it is over 6 years old) anyway -shall I ask Equidebt to prove existance of this ccj as they are now threatening collection activity in 2 weeks time.

Would they have to go back to court to reinforce the ccj now as 8 years have elapsed since any acknowledgement or payment was made?

 

I hope Ive made sense -it does in my head ha ha .

Please someone hep me ,hes only lived here for a few weeks and I cannot have the bailifs coming round taking mine and my chidrens things to cover his debt.

Thanks in advance

Liss

[rebel11]

Hi lissy

 

Welcome to CAG

 

The guys will respond shortly.

[PGH7447]

did they say what the alledged debt was for? I would just send them a proof it letter, stating that you have checked the CCJ registry and can find no entry, and also ask why if this alledged ccj was issued in 2002 it has taken them 8 years to try and collect this alledged debt and you are sure the judge if it ever went back to court would be just as interested

[lissyandchops]

Hiya ,

Thanks for your reply ,It was a debt from woolich which I assume they have bought,can they simply have the bailifs come round to the house without any evidence to back up their claim apart from a statement of account which last payment recorded was Dec 2002,is it right that they would have to go back to court to re enforce the CCJ after all this time ,if so would they need the original documents etc used to obtain a ccj in the first place (CCA) as they have openly admitted they dont have this.In fact I dont even know if it was them that took the action for a CCJ or the original creditors -woolich.They say in their letter that "we hold a county court judgment" but do they? hmmmmm

Im am so worried they will come here .

Liss

[Bazooka Boo]

Yes just to echo what PGH has said already, if there is nothing on the registry trust which you can check here, http://www.trustonline.org.uk/

 

Then they are once again talking a load of bowlarks, simply willy waving in the hope you stump up some cash to pay their wages.

If the CCJ was awarded in 2002 and they have only got round to chasing it, then they will definitely have to go back to court to explain to the Judge why it has taken them 8 years to pursue and enforce this, they can't just turn round and say "theres a CCJ awarded on this so it isn't SB, pay up now" Bunch of inept inadequate fraudsters.

 

Stick to your guns, and don't believe a single word they tell you, they CANNOT just turn up out of the blue and remove goods to the value of, they MUST go back to court and explain to the Judge why it has taken them so long to act upon the court order, and then, the JUDGE, will decide on the best course of action, and IF anyone is instructed to remove goods to the value of, it WILL NOT be this incompetent immature outfit, it MUST be a Court Certified Bailiff, someone who has had training and is legally qualified to do this work, not this shower, they have no legal training or qualifications for a start. Just know how to bully threaten and intimidate vulnerable people over the phone.

[lissyandchops]

Thank you very much for your post ,Ill admit I was getting cocky and wasnt letting these people get to me with the letters Id sent that id found from here ,thinking there is no way they can do anything about this until they hit back with the ccj business-it has knocked me off of my perch lol.

I/we will keep fighting this ,even if we have to cough up at the end of it I am not going to go down without at least trying.

Liss x

[lissyandchops]

Hi all,

The letters that I have sent to equidebt so far have been from this wonderful site but basically Equidebt are now saying after weeks of going backwards and forwards with letters that there is a CCJ against my partner from a debt that was last paid in 2002 ,I cannot find any record of this CCJ on the trust registry ,or any of the credit reference agencies as it is over 6 years old.

I would like for Equidebt to send me proof that they hold this CCJ as they are threatening doorstep collection but I need a good letter and I am pants at writing good letters so any help would be very much appreciated .

Thanks in advance

Liss

[dx100uk]

even if there was a ccj its past 6yrs

 

ignore them

 

dx

[PGH7447]

Try This

 

Dears Fools

 

You claim that a CCJ was awarded for this alledged debt, after searching the various organisations I can find no record of this alledged CCJ, so if you would like to send me the details of this alledged CCJ to back up your claim then please do.

 

I hereby give you 14 days to prove that a CCJ actually exists by submiting the date and place awarded, also take note that if a CCJ does exists I am sure that a judge would wonder, as do I why, it hase taken you 8 years to try to enforce this alledged CCJ

[lissyandchops]

Thank you very much ,I am going to get that in the post asap ,He has had another letter ,big bright red one being extra nasty .

Please pray that they dont have the proof of this CCJ ,to buy us a bit of time if nothing else .

Ill be back when they reply .

Liss x

[sillygirl1]

Equidebt are part of the Malcolm Hurlstone lot, he says the CCJ list is a name and shame list but Equidebt tend to get the lists direct from court as soon as they are produced (I have proof of this in writing btw...) and they chase people.

 

They sent me a letter after I had paid a CCJ in full saying they could help a) get it set aside b) get me money to pay the debt so the CCJ wouldn't be granted c) get me a debt management plan.

 

I wrote a stinking letter back stating I had paid the CCJ, I was just waiting for it to be granted as the original creditor claimed I owed over £500 when it was actually £150... funny how the amount dropped when it went to court and I admitted the original sum only, the original sum was what was judged owing and I paid it two days later.

 

Equidebt should really be investigated as they do not have accurate records and send out very misleading letters. They know that they would have to answer to a court as to why enforcement wasn't taken out on this CCJ a long time ago. I wouldn't mind betting it has already been paid off and the records never updated.

 

I think it is wrong we have to pay to have these taken off the register once paid, and wrong we should pay for our own credit information.

[lissyandchops]

I know ,I was thinking or sending them a SAR ,and think its poo that we have to send them £10 to send information about my partner .

I have typed out a letter now and going to post it by recorded delivery and then just pray they cant back it up .

Liss x

[dx100uk]

why do you need to send an sar?

 

dx

[lissyandchops]

My partner and I were curious as to what information they hold ,should I not send one ?

liss x

[sillygirl1]

You need a Data SAR, not the normal one, it comes under a different act altoghether.

 

Have you checked the Registry Trust site yet - you MUST do this as if the CCJ has 'fallen off' it is obnoxiously difficult for them to be granted a hearing to enforce any repayment after 6 years... CCJs actually do have a cut off point and DO have a period where they HAVE to go back to court to collect.

 

In fact if a CCJ is passed around you have excellent grounds to have the original CCJ set aside on the grounds that the original creditor no longer is a creditor... has been done and is becoming a more useable defence.

[lissyandchops]

Ahhhhh I see ,Yes have checked the registry trust -2 different addresses that it coud possibly be under and it says there is nothing recorded ,also experion have nothing recorded either.

I am feeling a little more positive about things now ,thanks everyone for their replies ,the letter I sent was received by them today so we shall see what other bullcrap they come up with in response.

Ill leave the sar for now I think.

Liss xx

[lissyandchops]

Just out of interest under what circumstances would you send a sar ?

Liss xx

[PGH7447]

you can submit a sar anytime you want to know what informaion a company holds on you , ie letters sent, phone records, ccj details anything realy, but you have to specify what you want

[lissyandchops]

Hello again peeps .

 

I sent the letter asking for proof of the CCJ as I had searched the registry trust and credit reference agencies and nobody holds any records to receive this letter back from EQUIDEBT.

 

We appologise for the delay in response to your letter dtaed 23/10/10.

Having reviewed our records and all the contents of previous correspondance,it appears that erronous information has been conveyed to you.

A claim was served against you on 20th May 2002 however a county court judment was not secured against this account.We sincerley appologise for any confusion or inconveniencethat has been caused by our previous correspondance,this was certainly not our intention.We consider this to be an administation error.

As confirmed in our letter dated 7/10/10 we are currently unable to obtain a copy of the original credit agreement in respect of this account.This does not affect your liability with repayments as you have evidenced your liability with repayments in 2002.

In order to progress this matter and as a gesture of goodwill we are prepared to accept the sum of £1200 in full and final settlement of your account ,this represents a discount of 80 %,we trust this clarifies the matter and have enclosed a freepsot envelope for convenience for your reply.

Your sincerely.

 

 

 

So what do I do -ignore it or tell them to go poke it or what ,yes they have been generous in reducing the bill but there has been no acknowledgement of this account since 2002 ,they have admitted they basically sent letters out that were full of poop and they hold no credit agreement for this account.

Can my Partner still be made to pay this ?

Cheers in advance

Liss x

[sillygirl1]

This DOES affect your liability, clearly the alleged debt is now STATUTE BARRED and due to their error you no longer have any liability. Remind them that you now can take them to court for defamation and incorrrect records and you could be awarded a minimum £1000 for this, plus of course your costs (don't forget to include the costs for checking your own records.

 

Your partner no longer has ANY liability for this. If they discontinued the original judgement they CANNOT bring a further judgement on the same matter back to court.

 

Just because you paid something in 2002 does not mean you still owe them money - it is STATUTE BARRED end of.

[babybear39]

Once SBd it CANNOT be chased after you inform them in writing of your position. If they continue report them to TS, the OFT and the ICO

[PGH7447]

Stat barred, stuff em, and if they continue to chase you have the perfect ammunition to throw back at them,

 

Admin error my arse

[lissyandchops]

hiya peeps,

Thank you for your responses ,my thoughts exactly on the "admin error " lol ,so we should ignore them then . They did say in another letter that he had aknowledged the account on the phone this year so therefore not statute barred ,but he cant remember doing so ,and if he did they never told him it was being recorded so they cant use it anyway can they ?

I just want them to bugger off !!

liss x

[babybear39]

He could take out a national newspaper double spread ad. saying he owes whatever to whomever. Statute barred means just that. Not even the house of lords could overturn that one unless they want to rewright Statute. Game over

 

1 letter recorded and copied etc. If tey try again report as above

[DonkeyB]

Once an account becomes SB, it cannot be undone. This compounds their admin error in that they are lying, because they are not conveying the true legal position. This is against the OFT guidelines.

 

Their ‘admin error’ remains a breach:

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

d. falsely implying or stating that action has been taken when it has not, for example, that civil action has been taken or that a court judgment has already been obtained

 

They are also in serious breach of the SB guidelines:

 

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be carrying out further work on this aspect of debt recovery including analysis of relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

 

There you have it. Complain to the OFT and TS, quoting these breaches, and including their correspondence.