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    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
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exploringdebt

I have a debt that is over six years old but have found out that a ccj was issued for only two months payments

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I have found out that a ccj was issued in Northampton 5 and a half years ago for a few hundred pounds for a couple of missed payments on a loan that I stopped paying. The ccj wasd not for the total debt amount ( thousands) .

 

The debt ompany had made an agreement with me, which I kept to , then they sold it on and the new company wanted to renegotiate everything - this would of caused issues with my ability to service my other creditors who I made an agreement with ( I continued to pay over six years all my agreements that I made , to those that kept to the agreements) so I stopped making payments ( in hindsight perhaps I shouldn't have but I was really angered by them.)

 

 

If I pay the ccj for a few hundred pounds now , will the remainder of debt be able to be called statue barred or have I to pay it all( or wait another six years), can the company repeatedly fast track their ccj's through Northampton with the aim of getting me to pay more than once and the court fees and solicitor fees repeatedly.

 

Lots of issues here which my research has opened more questions that answers - I would like to know where I stand legally before contacting anybody

 

thanks

 

exploring debt

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when was the last payment to the CCJ debt

 

If the CCJ is nearly 6 years i would keep my head down till it falls off

 

if they not enforced it in 6 years they would have to go back to court with it but that is rarely if ever given


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I have never made a payment to the ccj - It was only from some unopened mail in a clear out that I came aware of it - I took a extended holiday overseas for a year about six years ago and only found out about the ccj relatively recently. I have been wondering about it for a while now - but it is now more than six years since I stopped paying the debt agreement, so I thought that I should investigate my position

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So the Claim was purely for the arrears (the 2 months missed payments) ?

 

If there was a payment plan in place when the debt was sold originally, then the new owners were bound by that arrangement until any review was due. So you might have been able to fend off any claim had you been aware of it and defended.


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If you have not made any payments toward the part of the loan that was not subject to the CCJ, then I would say, yes.. if it is longer than 6 years since the missed payment and you have not admitted liability either in writing or verbally then it is statute barred.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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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

 

 

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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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Citizen B - thanks _ I hope you are correct. I have not made payment to the CCJ or non ccj'd part of the loan( the largest part by far).

 

I am happy to pay the CCJ, I believe that a ccj has no time limitations on it, but am really worried that by doing so I would start the clock on the other part of the debt, which has had no correspondence from me or payment for in excess of 6 years

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i do love it when i can post this.

 

section 24 Limitation Act 1980

 

Time limit for actions to enforce judgments.

 

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

 

this applies to ccj's as well

Edited by huggy41

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ignore it its gone.

 

once a debt is barred its barred it cannot comeback

 

as for the CCJ, it would need to be re-activated by the CLAIMANT

 

and that is VERY VERY VERY rare.

 

dx


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