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4 Year Old CCJ Removed By Judge

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Hi Guys, Newbie here...

 

Just thought I'd share the news that,

I have just won a court case against a big & very well known DCA,

and had the CCJ that they obtained against me,

removed from my files 4 YEARS after the DCA obtained it!!!

 

The whole story is very long,

 

they obtained a CCJ for £25k against me in my absense (I was out of the country at the time).

 

They had waited just short of 6 years from the original default, before seeking the judgment.

I suspect they knew I was working overseas, and had chosen the timing deliberately, knowing I would fail to appear in court.

 

The next thing I knew was, a month later, they went straight back to court for a Charging Order against my house!!!

 

However, this time, I was here, and I drove the 200 miles to the court they were using, to state my case.

 

As it transpired that they had 'owned' the debt - which I didn't deny - for some 5 years, and NEVER attempted to make contact with me,

the Judge adjourned the hearing for 2 months, to allow us to thrash out a deal.

 

However, the DCA still refused to even talk to me, and the case went back to court 3 further times, all of which, the DCA failed to turn up at.

 

As a result, the Judge refused enforcement & any future enforcement attempts, but, the CCJ was to remain in place, as the debt did exist.

 

This created a stalemate situation as the DCA refused to negotiate, and they had been refused any enforcement action!!! - ODD!!!

 

This stalemate went on for 4 years, and all along, I thought it was 'odd' that someone who was owed £25k wasn't making any attempt to get it back from me

- not even a payment plan/reduced settlement offer.

 

Eventually I decided to see if I could get the CCJ removed, as it had been haunting me for 10 years (6 years in default, then 4 years with a CCJ) and no end insight.

 

I was advised by my solicitor that applying to have the CCJ set aside after so long was a BAD idea,

and could actually reset the 6 year clock if it all went wrong, but, I decided to go ahead. Thank God I did!!!!!

 

The DCA turned up at the court of MY choice this time, and.....well.......

 

The first thing the judge asked to see, was the DCA's Assignment of Debt paperwork used in the original case.

Guess what.......the debt had NEVER been officially assigned to them!!!!!!!

 

The judge ripped the DCA to shreds in the court room!!!

 

He reduced the £25k I never denied I owed to £1, made me hand over a £1 coin and the DCA had to sign, in front of the judge that the £1 was accepted as PAYMENT IN FULL.

 

The DCA also had to pay ALL court costs which came to just short of £3k (mostly their own fees), and exactly 30 days later....the CCJ vanished from all my credit files! RESULT!!!!!

 

The moral of the story is.......no matter what point you are at with a debt - a new debt or one that has rumbled on for 10 years like mine..

....CHECK.... whether it has actually been ASSIGNED to the company you are dealing with

- apparently, they have to send you a copy, and show it in court!!!!!!

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Excellent, if everybody fights their like you did, no rogue DCA could survive in this planet.

 

K C

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Was this a County Court or High Court judgment, lexham ?


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And who was the DCA/debt buyer? Do tell!


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Hi,

 

Thank you for sharing your success with us.

 

Please could you provide me with your court case no. as I have a friend who is in the same situation. This could help

him as well.

 

Regards,

 

 

Hi Guys, Newbie here...

 

Just thought I'd share the news that,

I have just won a court case against a big & very well known DCA,

and had the CCJ that they obtained against me,

removed from my files 4 YEARS after the DCA obtained it!!!

 

The whole story is very long,

 

they obtained a CCJ for £25k against me in my absense (I was out of the country at the time).

 

They had waited just short of 6 years from the original default, before seeking the judgment.

I suspect they knew I was working overseas, and had chosen the timing deliberately, knowing I would fail to appear in court.

 

The next thing I knew was, a month later, they went straight back to court for a Charging Order against my house!!!

 

However, this time, I was here, and I drove the 200 miles to the court they were using, to state my case.

 

As it transpired that they had 'owned' the debt - which I didn't deny - for some 5 years, and NEVER attempted to make contact with me,

the Judge adjourned the hearing for 2 months, to allow us to thrash out a deal.

 

However, the DCA still refused to even talk to me, and the case went back to court 3 further times, all of which, the DCA failed to turn up at.

 

As a result, the Judge refused enforcement & any future enforcement attempts, but, the CCJ was to remain in place, as the debt did exist.

 

This created a stalemate situation as the DCA refused to negotiate, and they had been refused any enforcement action!!! - ODD!!!

 

This stalemate went on for 4 years, and all along, I thought it was 'odd' that someone who was owed £25k wasn't making any attempt to get it back from me

- not even a payment plan/reduced settlement offer.

 

Eventually I decided to see if I could get the CCJ removed, as it had been haunting me for 10 years (6 years in default, then 4 years with a CCJ) and no end insight.

 

I was advised by my solicitor that applying to have the CCJ set aside after so long was a BAD idea,

and could actually reset the 6 year clock if it all went wrong, but, I decided to go ahead. Thank God I did!!!!!

 

The DCA turned up at the court of MY choice this time, and.....well.......

 

The first thing the judge asked to see, was the DCA's Assignment of Debt paperwork used in the original case.

Guess what.......the debt had NEVER been officially assigned to them!!!!!!!

 

The judge ripped the DCA to shreds in the court room!!!

 

He reduced the £25k I never denied I owed to £1, made me hand over a £1 coin and the DCA had to sign, in front of the judge that the £1 was accepted as PAYMENT IN FULL.

 

The DCA also had to pay ALL court costs which came to just short of £3k (mostly their own fees), and exactly 30 days later....the CCJ vanished from all my credit files! RESULT!!!!!

 

The moral of the story is.......no matter what point you are at with a debt - a new debt or one that has rumbled on for 10 years like mine..

....CHECK.... whether it has actually been ASSIGNED to the company you are dealing with

- apparently, they have to send you a copy, and show it in court!!!!!!

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truth555, welcome to CAG – a long wait for your first post.

 

Could you explain why the court case number is of any use? Not sure what you’re wanting from that.

 

If you’re after a precedent, you’d need a transcription, and county court judgments aren’t that much use, to be honest.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Op should have gone for 4 years worth of compo too, and would probably have got it with that judge.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Crikey :happy:

 

Never would have predicted that outcome Lexham!

 

Well done :-)

 

Would have loved to have seen their faces if you had handed them a fiver and asked for your £4 change!

 

==

 

The moral of the story is.......no matter what point you are at with a debt - a new debt or one that has rumbled on for 10 years like mine..

....CHECK.... whether it has actually been ASSIGNED to the company you are dealing with

- apparently, they have to send you a copy, and show it in court!!!!!!

 

 

I have a question:

 

I received a letter from a DebtCollector stating "... recently purchased your outstanding balance"

 

There was nothing included for me to sign and post back to say I agree to the decision on their taking over of the debt. The letter just continued with instructions to "cancel any Direct Debits or Standing Orders to MBNA Europe Bank Ltd. Don't make any more payments to them [the bank] as this will cause a delay in us being able to reduce your balance" and then gave me options on how to pay the Debt Collector in parts or in full

 

I haven't paid them anything. Instead they keep passing my debt to other 'agents' whom again don't send me anything to sign agreeing, just instructions on where and how to pay

 

On my credit file there is a Default in the Debt Collector's name - no CCJ taken out by them though

 

As I haven't signed anything does this mean they've been chasing me for an unenforcable debt?

 

also

 

decided to see if I could get the CCJ removed, as it had been haunting me for 10 years (6 years in default, then 4 years with a CCJ)

 

 

I was led to believe that once the Statue Barred period had lapsed, it is not possible to convert the debt into a CCJ. Has the CCJ and Statue Barred Laws changed then?

 

also

 

Thank You ConsumerActionGroup staff for alerting me by email to this success story - very, very eye opening!

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Newbie, it might be worth starting a thread of your own and asking this question :)

 

The fact is if no payment or acknowledgement of liability has been made for 6 years from the first missed payment (5 years in Scotland) then the debt is Statute Barred - it doesnt go away, but the creditor will be unable to obtain a Judgment in their favour and the OFT consider that once you have advised the creditor that the account is statute barred, it is unfair to pursue.

 

If the Creditor has obtained a Judgment and not attempted to enforce it for 6 years, then they would have to explain why they have left it so long to a Judge and from what I understand, they would not be given leave to pursue the CCJ.

 

A CCJ is not recorded after 6 years on either trustonline or your Credit Reference Files - or it shouldnt be!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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"The judge ripped the DCA to shreds in the court room!!!

 

He reduced the £25k I never denied I owed to £1, made me hand over a £1 coin and the DCA had to sign, in front of the judge that the £1 was accepted as PAYMENT IN FULL.

 

The DCA also had to pay ALL court costs which came to just short of £3k (mostly their own fees), and exactly 30 days later....the CCJ vanished from all my credit files! RESULT!!!!!"

:whoo:

Now THAT'S the type of Judge we need to see MORE of!... Decisive... Fair... And... To the point!

(He could give lessons to 'Judge Judy')

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Hi,

 

I understand it is hard to use this case as a precedent, but a friend of mine has managed to influence judges decision. He has had a similar experience with Arrow Global (AG) regarding the lack of assignment and they vacated proceedings.

 

Is it possible for you to provide a date and time and venue, this can be done by private messaging if you prefer not to publicise it. :whoo:

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See post #6 please truth555.

  • Haha 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for replying!

 

Newbie, it might be worth starting a thread of your own and asking this question

 

No need now CitizenB as you've answered my questions and clarified in your post.

 

Phew!!!

 

It was this bit that got me wondering about my debt collection:

 

been haunting me for 10 years (6 years in default, then 4 years with a CCJ)

 

 

I thought the same may happen to me as I never heard of a 10year pursuit and thought the Laws had changed!

 

Thanks again for your answers CitizenB :-D

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Did we ever find out which DCA it was?

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This thread is weird – new posters everywhere being bombastic, but who never returned!


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Got to this thread, by a mention on Debtwizard's email.


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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