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black horse / hillesden securities / dlc / ccj - help!


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i need some advice, first a bit of background this may be long

 

I had a loan with black horse june 2006, i kept up repayments for awhile but started to struggle after i was made redundant and in august 2007 they got a ccj against me. i agreed to pay £30 a month and did so for 15 months. Then my partner was made redundant who was the main wage earner and i could no longer afford the £30, i had the order changed to £1 a month and i paid that until sept 2011 when i recieved a letter from a company called hillesden securities saying they were the new owners of the debt and i should start paying them.

 

i wrote to both hillesden and black horse. i didnt hear anything from black horse directly but i recieved a reply from hillesden with a black horse letter attatched to theirs saying hillesden had purchased the account. i wrote to hillesden to tell them i wouldnt be making payments until i was notified by the court or black horse direct. i didnt hear anymore and forgot all about it to be honest.

 

oct 2012 we recieved a annual statement of account from dlc (direct legal & collections) i wrote to them asking who they were and recieved a reply saying they were acting on behalf of hillesden securities to which i replied with a letter saying i didnt have an account with hillesden and asked for further details.

 

today i recieved a letter again from dlc with their further details, black horse agreement number, agreement date, date hillesden purchased the account from black horse, ccj number and date of ccj. plus they have told me dlc are a trading name of hillesden securities. Agreement number & ccj info are correct but their dates are wrong. the loan was taken out jun 2006 cant remember exact date but was last week of june and ccj 15th august 2007, dlc says original date of agreement is 26th aug 2007 and ccj was registered on 15th august 2007. yes that means the ccj came before the agreement, these dates have been quoted several times.

 

is the ccj still valid or do hillesden need to transfer it to their name?

 

i have checked my files with equifax, experian & call credit and also done a check on trust online but neither the account or ccj show on any. this is the first time i have check so do not know if there was anything showing before. can ccjs be removed from credit files even though its only been 5 years since ccj was registered? i know i definately have/had a ccj for black horse. confused as i have another ccj which shows on all.

 

they havent made any demands for payments so not sure if i should just ignore them again or if i should reply or even sar them

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A charge on your property could explain why they are not hassling you for payment.

 

It looks like they may have got that from the CCJ. You should look in to this by requesting a copy of the judgment from the court that issued the CCJ. You can phone the court for this - ask for details of any enforcement that was applied as a result as well.

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I do own a property, jointly with my mother, I don't live at the property but my mother does and neither of us have recieved anything about a charge on it. Have owned it since 2010.

 

I have the original ccj no mention of charge just the repayment amount.

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Land registry checked and no charge on property just the mortgage.

 

I haven't called court yet plan to do that this afternoon to ask if there has been any amendments to judgement.

 

Have checked bank statements & looked at all statements I have from black horse and found we had actually continued paying black horse for some time after we were contacted by hillesden by standing order up until I changed bank 2 months ago i thought i had cancelled it ages ago so have just sent black horse 2 months payments £2 and have set up a new standing order.

 

Maybe that's why they haven't been chasing for payments as I had infact been paying the £1 the court agreed to

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Hillesden/DLC will have to start the process from scratch to obtain any security on your property.

 

The CCJ cannot be transferred, you only pay the Company/Individual nominated on the Court order unless a variation by going to Court has been made, but the CCJ debt cannot be sold on.

 

Therefore, Hillsden/DLC will have to apply for their own CCJ, you will have to then default on that judgment (if awarded in DLC's favour), only then could DLC obtain a charging order.

 

You are paying Blackhorse again, £1 pcm is great, if it takes 430 years to pay off, even better lol.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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update

 

i went to the court to question something else and while i was there asked for info on any changes since original ccj and there is only the variation where we were ordered to pay £1 a month :) was confirmed im only to pay black horse no one else, so will continue to pay black horse and ignore and forget about hillesden unless i hear otherwise from the court.

 

thank you guys

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