Experto Credit chasing me - 1994 CCJ for £2k!!

[spudz]

Please forgive me if I am posting this in the wrong place but I am very worried and cannot think to straight at the moment!

 

Many years ago (apprx 1994) I had a County Court Judegment against me.

 

I had lost my job due to ill health and owed money to Lombard Tricity Finance.

I think it was around £2000.

 

I offered some small amount of payment to the court which they accepted.

 

A few weeks ago the amount we had been paying by standing order was being returned to our bank account.

 

We had had no contact with the company and presumed the debt had been cleared so we cancelled the standing order which was setup on my wifes bank account.

 

The other day we recieved a letter from 'Experto Credite Limited' stating...

 

"As you have failed to satisfy Your County Court Judgement, your case has been returned to us by HL Legal Solicitors to consider enforcement action.

 

Despite previous payment options being offered by our solicitors you have chosen to ignore their attempts to resolve this matter

and we now have no option but to demand immediate payment of the outstanding balance.

 

Payment in full must be recieved within seven days from the date of this letter

 

If payment is not made, we may instruct our solicitors to take further action against you, the costs of which could considerably increase your liability.

 

We are keen to avoid the above action, and therefore need to discuss the matter with you urgently.

 

POlease call now on blah blah to discuss the possible solutions to resolve the situation, and to avoid the requirment for additional enforcement action."

 

This is the first letter I have had from them! so the part about being offered other payment options is bo**ox!

 

I am very worried and dont want to call them as I will only get extremely upset and if they get my home number from me I know I will be hassled to death by them!

 

Can someone please please help me?

[reallyinthecrap]

its late now, and you are probably awake worrying about problems just like me.

 

stay cool. there are some excellent people on here who will be along soon to help you.

 

im not qualified to answer your questions in detail but rest assured i am yet to see anyone on here be told there is no hope!

 

try reading back through some of the other threads on the forum. i am sure i have seen many getting help with how to deal with CCJs

[dx100uk]

well you certainly should NEVER call them - end of - no exceptions.

 

just to clear things up

 

who you paid by SO has never been changed by you?

 

WHAT have you been paying £?

 

a £2k debt from 1994 shold b well cleared now, unless the judgement box includd any interst.

 

get her cra file too

 

see below, noodle are free

 

dx

[spudz]

First of all... thanks reallyinthecrap that did actually make me feel a little better lol.

 

dx100uk. ok understood I will NEVER call them!

We never changed the standing order the payments just started getting returned to us about 10 weeks/3 months ago so we stopped the order thinking it was all over

we were only paying something like 5 quid a month for about 18 years.

[dx100uk]

so that approx £1080 paid

 

it mght be an idea to get her cra file

 

and

check trustonline.org to see if the CCJ is active.

 

dx

[RaeUK]

As far as I can see, Experto Credit are only Debt Collectors. As such they have no powers other than to nag and hope. Once you've ignored them long enough they'll slope off to look for an easier target. There is a Debt Collectors Forum here on CAG where you might get better advice...

[sillygirl1]

It would have to go back to the court for them to be able to claim again, and it is unlikely given the payment record that they would be able to get any further judgement against you - especially as it can be proven that payments were returned by THEM and not YOU.

 

This seems to be happening quite a bit now on old judgements.

[ScarletPimpernel]

If there is a CCJ, the judgment will detail what has to paid and to whom; this is an order of the Court, and cannot be changed without going back to Court. If you have complied with the order of the Court, there's nothing a DCA can do.

 

In other words, if the judgment said that 10 instalments of £10 had to be paid to Company A, Company B cannot come along and demand that £50 must now be paid to them.

 

Checking Trust Online and CRA files is a good idea.

 

The action to take in these circumstances is to send the risibly-named Experto Credite a short letter:

 

Dear Sirs

 

I refer to your demand for payment dated xxxxx.

 

The judgment made on (date of judgment), which was to pay (amount) monthly to (payee) has been complied with. I am not aware that the Court has ordered any variation, or that you have any authority to change an order of the Court.

 

In the circumstances, I regret that I am unable to assist you.

 

Yours etc.

 

You must keep up the payments; if they are returned, put the amount aside.

 

It's not unknown for creditors to sell CCJ debts, but they, and the buyers, often forget that they can't just change what a Court ordered.

[spudz]

Sorry but Im not too familiar with many of the acronyms used here. I know I had a ccj and it was being paid until recently but Im not sure why they started returning the payments from the standing order?

 

The noodle thing Im not sure what that is all about but its asking for a credit/debit card which I do not have! all my transactions are done in cash or direct debit.

 

Im still a little lost here but I really do appreciate the help that you are all giving me, that alone has made me feel a little less stressed!

[dx100uk]

have you a visa debit card on your bank account?

 

all they use if for is to verify 'who' you actually claim to be.

 

dx

[spudz]

Nope I only have an ATM card and it is deffo not a debit card.

[dx100uk]

you'll have to use the £2 po method then

dx