SB CCJ waiting game

[SStevens]

Hi all

 

My debts should be SB in November of this year. After reading some posts on here I fear I'm in the CCJ danger zone - I have had previous letters threatening CCJs in the past but sure non have issued any - I haven't checked my credit for file for fear of them seeing I've checked my credit file on a DCA search (can they see that?)

 

Anyway, I'm worried that I will be issued a CCJ soon - so I want to know my options so I can gain some control. Please help as I don't know too much about all this.

 

Firstly, the main DCA is asking for 1200 reduced from the full amount of 10,000 pounds. If they CCJ'd me are they allowed to ask for the full 10,000 pounds??? As the whole amount isn't technically their debt to claim.

 

Secondly, can I dispute the CCJ then ask for a CCA from the DCA in question or would I have missed the boat to do this at this point?

 

I wonder if I should time a CCA wisely with said DCA so I can buy some time and hopefully avoid a CCJ, or at the very least pay the 1000 opposed to the full 10000 via the courts.

 

Please help! mY HEAD HURTS!!

 

Thanks

 

Sy

[cerberusalert]

Firstly, the main DCA is asking for 1200 reduced from the full amount of 10,000 pounds.

Which begs the question... if they can prove you owe £10k why reduce it to £1200?

 

Personally I would sweat it out for now.

[Tingy]

Have to agree - if they think they could get 10K out of you,, why on earth would they offer you virtually a 90% discount? It doesn't ring true.

[FORMISTER]

Got to agree as well. If a DCA can claim the full amount they will, they aren't just being nice. They know they have little or no chance of enforcing this in court, in my opinion. That is why they are offering you a deal, so you snap it up. Are they offering this for a limited time only? Normally one of their tactics,

 

I would ignore them for now, post up all the info you can for the Caggers on here to have a look at

[SStevens]

Thanks everyone for your quick responses!

 

The 10k has been sold on more times I'm confused with the amount of DCA I've dealt with re this particular debt...or not dealt with!

 

I just thought as it's been sold on for less and less money that's why they've asked for lower sum

 

I can't find the letter at the moment to let you know if the 1200 is for a limited time only. Is this a ploy for me to admit to the debt and then they'll crank it up and add on interest etc? I'm just so paranoid of making a false move right now as I'm so close to the finishing line.

 

If for some reason they are able to CCJ me will it be for the full amount or the 1200? Can they CCJ for part of the debt?

 

If they are able to CCJ me will I have the opportunity to CCA them so I can see if I can trip them up on anything else?? Or would it be too late in the eyes of the judge?

 

So, just to reiterate (as i'm tired and confused) This debt couldn't get to the CCJ stage if they can't produce an original signed agreement?? But if it does I can still fight it by getting a CCA and checking the fine details of the contract?

 

One more thing, if I check my credit file will they be able to see that on one of their searches?

 

Thanks so much for all your help!!

 

SY Stevens

Edited January 30, 2011 by SStevens

[FORMISTER]

Looks like it could be a split claim, what does everyone else think?

[FORMISTER]

Sorry I thought they had issued an N1 form, getting mixed up with another thread. But this is a possibility they may try.

 

You can CCA them anytime, but if they sent you court papers then you would use CPR to request the documents mentioned in the particulars of claim.

[FORMISTER]

I just thought as it's been sold on for less and less money that's why they've asked for lower sum No, just a tactic to get some money rather than none

 

I can't find the letter at the moment to let you know if the 1200 is for a limited time only. Is this a ploy for me to admit to the debt and then they'll crank it up and add on interest etc? I'm just so paranoid of making a false move right now as I'm so close to the finishing line.

 

If for some reason they are able to CCJ me will it be for the full amount or the 1200? Can they CCJ for part of the debt? They would have to take you to court and produce a vaid enforcable agreement first and other paperwork, which they probably don't have otherwise they would be claiming the full amount/defaulted amount .They could try a split claim but then they wouldn't be allowed to go back to court for the rest

 

If they are able to CCJ me will I have the opportunity to CCA them so I can see if I can trip them up on anything else?? Or would it be too late in the eyes of the judge? You will get the opportunity to view all documents before the court date for your defence

 

So, just to reiterate (as i'm tired and confused) This debt couldn't get to the CCJ stage if they can't produce an original signed agreement?? But if it does I can still fight it by getting a CCA and checking the fine details of the contract? Basically yes, lots of other considerations though. More information needed to make a real assesment

 

One more thing, if I check my credit file will they be able to see that on one of their searches? No

 

Thanks so much for all your help!!

[Undercover-Elsa]

Hi,

Have they actually mentioned litigation yet? (Using the words "will" rather than the standard threatogram "may" ).

Procrastination is key here, ignore for now as Cerberusalert says, but keep an eye on the tone of the letters (post up if unsure) as you'll need to send in a CCA Request before a summons is actually issued.

Unfortunately I feel that, if they decided to try court, they'd go for the full amount.

However, as mentioned above, the fact that they've offered such a substantial discount is a good indication that they don't have the necessary paperwork.

You do, however, have to be ready to jump in and knock them back at any serious mention of court action, by requesting CCA and making it quite clear that any action will be vigorously defended. Don't let them think you're an easy option who might let a CCJ slip by you by default.

 

Re the Credit Ref, I personally would leave it alone as DCA's do have a tendency to come crawling out from under stones after people sign up and check.

I don't know how it works exactly, so others may have more input on that aspect.

 

Hope this helps,

 

Elsa x

Edited January 31, 2011 by Undercover-Elsa

[extrobe]

One more thing, if I check my credit file will they be able to see that on one of their searches?

 

I would have thought not....

When you view your credit file, it leaves a 'soft' footprint on your file. These 'soft' searches shouldn't be viewable to anyone but you.

 

That said - the CRA's & DCA's are probably in each others pockets anyway, so wouldn't surprise me.

[cerberusalert]

When you view your credit file, it leaves a 'soft' footprint on your file.

Except that a certain CRA is owned by a DCA... or is it the other way around?

[extrobe]

Except that a certain CRA is owned by a DCA... or is it the other way around?

 

I won't claim to have 'known' that - but certainly fits in with the whole 'in each others pockets' theme.

 

If indeed CRA's are sharing this info with DCA's (is this even legal!?) it might explain why I got a 'calling card' from Wescott the other day ( postcard asking the occupier to ring some number - with Wescott's details in very very tiny writing at the bottom) - couple of weeks after viewing one of my reports (the only one with an oustanding account)

 

That said - I always found moving house triggered the **** bags to have another go as well.

[jimbo45]

Which begs the question... if they can prove you owe £10k why reduce it to £1200?

 

Personally I would sweat it out for now.

 

 

Hi there

maybe I misread the post but I thought they had reduced the debt BY 1200 GBP not REDUCED IT TO 1200 GBP.

 

If they actually reduced it to 1200 GBP then

1) you could certainly assume it *might* not be collectable but if I were in the same situation I'd get a CONFIRMATION LETTER of this and then accept it like a shot if the debt is actually yours.

 

2) go through all sorts of loops and legal stuff to ensure that the debt is actually enforceable.

 

It's over to you -- but if you DID actually borrow the money then I'd go for the 1200 GBP FULL and FINAL --ensure they clean any external credit files and that NO FURTHER COLLECTION ON THIS DEBT ARE ALLOWED.

 

However of course if its just some DCA "Phishing" or trying to pursue a nearly SB'd debt then make THEM sweat it out like cerberusalert suggests.

 

Cheers

jimbo

Edited January 31, 2011 by jimbo45