Regal Credit Soulutions

[Rocketronnie]

Hi all i have a problem i received a letter back in August 2011 from Northumbrian Water saying i owed £1800 odd pound up until the date 4th Jan 2011.

 

I had moved out of the property on the 21/12/2004 and was advised to contact the council to prove that i had moved to my new address then, did that and got written contact saying i owed £705 on the dot as i presumed the debt is over 6 year old (8 year to my reckoning) i just left them to it.

 

Come today i received a letter from Regal Credit Solutions for the amount of £705 it said this-:

 

We write to advise you that we are INSTRUCTED by our client to demand the immediate settlement of the above debt.

 

We would ask that you forward the outstanding amount in full, quoting your Reference Number. Your Cheque of postal order should be made payable to "R C C Ltd" and sent in the enclosed 'reply paid' envelope. Alternatively payment can be made to us online, via our automated telephone based payment system or by contacting us on the above number.

 

As our Client has already obtained Legal Judgement for this account, if we do not receive repayment proposals from you, we will explore taking further action to 'Execute the Warrant'. This will add further legal costs to the account and have a king term detrimental effect on your creditworthiness.

 

If you are experiencing verifiable hardship you should contact us immediately as we may be able to set yo an affordable arrangement with you depending on your circumstances.

 

We would strongly recommend the you DO NOT IGNORE this letter, but telephone our offices as soon as ****inle between the hours of 8:00am to 8:30pm weekdays and 9:00am until 2:00pm on Saturdays.

 

Yours faithfully,

REGAL CREDIT CONSULTANTS LIMITED

 

----

 

Now i am not sure where to go with this as the debt is now 8 years old?

 

"As our Client has already obtained Legal Judgement for this account"

 

This bit threw me i guess that Northumbrian Water took it to court previously before the amount was amended but where does that lie me? Can they force a CCJ that has been applied from so far back or for a different amount?

 

I am at a stick atm and not sure what to do any advice would be greatly helpful to me.

 

Thank you.

[BASFORDLAD2]

If you didn't know about the ccj then get it set aside first

[42man]

You can check here as to the CCJ - http://www.trustonline.org.uk/

[42man]

I think they will struggle to enforce the CCJ if it is over 6 years old as the emphasis falls on the creditor as to why it was never enforced, if you had deliberately changed your name by deed poll or faked your own death then it may be a different matter.

[Rocketronnie]

Thanks for the replys, i have no idea that i have had a CCJ against me and not a clue how long ago it was issued... It possibly could have been issued when they thought i owed £1800 that fee has since been amended but would the CCJ still enforacble?

 

I guess i will have to check if i have a CCJ on file as my next course of action?

[BRIGADIER2JCS]

Was this already statute barred when the CCJ was awarded?? Check trustonline and credit reference files.

[Rocketronnie]

I guess it had been awarded sometime after i had left my previous property but not 100% sure... Can the CCJ be enforced if the amount was wrong?

[Rocketronnie]

I guess it had been awarded sometime after i had left my previous property but not 100% sure... Can the CCJ be enforced if the amount was wrong?

 

Also thinking about it i guess its quite possible if the ccj was awarded when they contacted me which was beginning off last year so its quite possible the ccj has been falsely given as i only owed until the end of 2004 making it a 7 year debt.

[BRIGADIER2JCS]

OK statute barred = 6 years no payment or unequivical written acknowledgment of the debt, is this the case?

[Bandit127]

You need to stop guessing and check trust online - see post #3. (It cost me a tenner).

 

You need to know for sure if this was SB when they issued proceedings. The issuance of proceedings stops the "SB clock".

[Rocketronnie]

@Bandit127 - Yeah i'll get on to finding out if and when the CCJ was issued and get back to this thread.

 

@BRIGADIER2JCS - I moved from the property in 2004 making it a 8 year old debt but not sure when or if the CCJ was issued however if the CCJ was issued early this year the debt should have been statued barred however with the mishap of them thinking i still lived in the property till early 2011 then i guess they had grounds to get a CCJ falsely.

 

Btw does it have to be Trust or can it be a £2 report from Equifax or Experian?

Edited November 5, 2012 by Rocketronnie

[Rocketronnie]

Sorry to bump again but i am about to use the trust website what part do i use?

 

They is a few tick boxes is this the one i need? England and Wales Orders & Judgments?

[Rocketronnie]

I presumed it was for England and Wales Orders & Judgments after reading the website it cost me £4 and it said the following -:

 

 

It has my name, current address and post code above the picture i have supplied... And i am guessing they can't get it wrong as in if i entered the incorrect details? Also i am guessing it goes on my name if i had a CCJ and not on the address, or do both have to match up i.e my old address where i think the CCJ was sent?

 

So if this is all correct and i have no CCJ against me what is my next action?

 

Edit-:

 

Just read the Trust site again if it was a CCJ it wouldn't have shown under High Court judgments tick box for a water rates bill?

 

Sorry if i am rambling on i can't sleep but feel so tired putting that down to being a little worried.

 

Also to add to this i can't check my CRA because i don't own a bank card in my name.

Edited November 6, 2012 by Rocketronnie

[Rocketronnie]

After reading a few threads i thought it would be best to check my previous address that the debt could be tied to i just did and the same results come back i checked the same one for £4 (England and Wales Orders & Judgments).

 

So they is no outstanding CCJ's under my old or new address which is a relief and guess that the judgement they speak of must have fell off my record...I am guessing the check i done is very reliable? And as i put in previous post i don't need to check anything else do i?

 

So I am guessing that i am now safe and the debt will be statued barred as the last time i lived in that address was Dec 2004?

 

So what will the next course of action be?

Edited November 6, 2012 by Rocketronnie

[BRIGADIER2JCS]

Correct,

Are Regal still pressing?

 

If so send this SB letter.

 

Ref: as on their letters.

 

The Compliance Manager

Regal

 

Dear Sir or Madam,

 

I refer to your communications regarding the debt for£xxxx which you allege is owed by me, please not I do not acknowledge any debt to Regal ... or any company you may claim to represent.

 

I have now researched my credit history and have taken advice on this matter and have concluded that any such alleged debt is Statute Barred and therefore I will not now or in the future make any payment or offer of payment in regard to the alleged debt.

 

I require you to cease processing or storing any data relating to me.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2011 and the sections regarding the pursuit of Statute Barred DEbt.

 

Send RD.

[Rocketronnie]

Correct,

Are Regal still pressing?

 

Thanks yeah Regal have sent one letter so far threatening to "Execute the Warrant" that Northumbrian Water had already achieved but ofc after checking trust and finding nothing under my name/old and new address theres nothing that they can do, idle threat it seems.

 

Guess it's normal for DCAs to use under hand tactics to force customers to pay.

 

I'll get that letter printed off tonight and shot off in tomorrows post.

 

Thanks.

[BRIGADIER2JCS]

They would need leave of the court to enforce at this late date.

[Rocketronnie]

They would need leave of the court to enforce at this late date.

 

Meaning that they would have to go back to court to get permission?

[BRIGADIER2JCS]

Meaning that they would have to go back to court to get permission?

 

Indeed so, the courts rarely grant this because of the time span.

[Rocketronnie]

Just a thought i have been going through my previous correspondence with NW and one had my partners name underneath my name on the rest they only had my name on also the one from regal only has my name on... I guess theres no way they can chase a debt in my name but could have claimed a CCJ under her name?

Edited November 6, 2012 by Rocketronnie

[Rocketronnie]

Ok since sending the letter i have received two letters since one just pressing which i ignored as it was near enough the date i sent my first letter, however the second letter arrived this morning saying.

-----------------------------------------------------

 

Big writing in blue letters LEGAL NOTICE.

 

Despite our previous reminders the above sum remains unpaid.

 

With a County Court Judgement already recorded against you for this account, we now propose to commence Legal Action without further notice. We will apply for a 'Warrant of Execution' so that the following can take place:

 

i) the instruction of a County Court Bailiff to enter your property and levy goods to the value of the above liability for subsequent sale at auction.

 

ii) make an Attachment to your earnings with your employer. A percentage of your Net salary would be deducted before you receive it.

 

iii) a Charging Order could be placed against your property, should you own one. This would mean that this liability would be settled upon the sale of your property and before you receive any of the sale proceeds.

 

To prevent Legal action taking place against you, it is vital that you pay the above liability in full immediately. If you are experiencing verifiable hardship you should contact us immediately as we may be able to set up an affordable repayment arrangement with you depending on your circumstances.

 

We would strongly recommend that your payment be sent by return of post.

 

Yours faithfully,

 

REGAL CREDIT CONSULTANTS LIMITED

 

Legal Division.

 

--------------------------------------

 

Ok now this has got me a tad worried even tho they is no CCJ at my current address of 9 years or my old one of 4 years, should i be worried? Can they actually take this back to court and get another warrant of execution?

 

Also what shall my next move be?

 

Thanks for any help and for reading.

Edited December 5, 2012 by Rocketronnie

[BRIGADIER2JCS]

perhaps you should check trustonline just in case they have obtained a judgement by default at another address!

Has there ever been a CCJ on this,I see you mention ''another'' warrant ?

[42man]

Send this recorded delivery, it is saying either put up or shut up....

 

Dear curs

 

I am in receipt of your letter dated (xxxxxx)

 

I make this known for the record, the property you are attempting to make a claim on was vacated by me on (date), I have checked the trust registry and there is no County Court Judgment made against me, neither is there any record of a County Court Judgment made against me at my current address. I will also make it known that the alleged debt if it were existent would be statute barred also.

 

If it is your attempt to frighten me into paying or if you are attempting any kind of fraud and you subsequently issue a county court claim, then I will have no hesiation in setting the judgment aside, I will also make full use of the civil prcedure rules in disclosure.

 

I will also be producing this letter and previous correspondence when the matter of costs arises, and for any future correspondence I will also be charging your company £20 per letter I would also refer you to the case of Arkell vs Presdram

 

I hope this makes my position completely clear, and to avoid any confusion I will be forwarding this correspondence to the Office Of Fair Trading.

 

Yours faithfully

 

(don't hand sign)

[Rocketronnie]

perhaps you should check trustonline just in case they have obtained a judgement by default at another address!

Has there ever been a CCJ on this,I see you mention ''another'' warrant ?

 

Not 100% sure if it had been to court possibly could have, my guessing is that i may have gone to court awhile ago after i left the property and it has fell of the register.

 

I moved in my old address march 2000 moved out end of 2004 then moved to my current address then and have lived here ever since... I wouldn't have a clue any other address's to check?

Edited December 5, 2012 by Rocketronnie

[Rocketronnie]

Send this recorded delivery, it is saying either put up or shut up....

 

Dear curs

 

I am in receipt of your letter dated (xxxxxx)

 

I make this known for the record, the property you are attempting to make a claim on was vacated by me on (date), I have checked the trust registry and there is no County Court Judgment made against me, neither is there any record of a County Court Judgment made against me at my current address. I will also make it known that the alleged debt if it were existent would be statute barred also.

 

If it is your attempt to frighten me into paying or if you are attempting any kind of fraud and you subsequently issue a county court claim, then I will have no hesiation in setting the judgment aside, I will also make full use of the civil prcedure rules in disclosure.

 

I will also be producing this letter and previous correspondence when the matter of costs arises, and for any future correspondence I will also be charging your company £20 per letter I would also refer you to the case of Arkell vs Presdram

 

I hope this makes my position completely clear, and to avoid any confusion I will be forwarding this correspondence to the Office Of Fair Trading.

 

Yours faithfully

 

(don't hand sign)

 

Ok thank you i'll send this tomorrow morning, where it says Dear curs what should i change the curs to?

 

Also should i put in the Ref No: of the account?