Old Littlewoods A/C - Restons - CCJ??

[debthelp13]

Hi,

 

Just looking for some advice regarding an old account.

 

I had a littlewoods catalogue a long time ago, got into financial difficulties in 2006/2007

and stopped paying a lot of debts or went on reduced payments.

 

I am not 100% sure on dates but I believe I last acknowledged the debt in late 2007/early 2008

as I was trying to get on top of my debts,

 

I wrote to the company asking for information of the account, balance etc. but don't believe it was one that I actually started paying.

 

In March 2008 the account was registered on my credit file as a default.

 

I do not remember the last time I made a payment to them but I believe it was long before this

and I can't find any payments to them on my bank account going back as far as 2006.

 

I have moved several times and not heard anything from them for years then

 

earlier this year a company called arrow global started writing to me,

and now a company called restons have written to me and telephoned.

 

I refused to discuss on the phone with them as I didn't want to confirm my details etc

without knowing what I was acknowledging.

 

I know from the details on the letter that it is this account, they have now written threatening court action

and going for a ccj later this month if i don't contact them to pay.

 

I have no income, I am a stay at home mum.

 

My husband works but we are not in a position to start repaying my debt as we just don't have the spare money right now

and I don't get any jobseekers or anything like that but

 

I really don't want another CCJ on my credit file as it is just starting to get repaired.

 

The default amount was £980 but the debt amount now is £1951.

 

Should I just offer a repayment amount of £1 a month,

 

will they accept it or still go for CCJ and how will this effect my credit file

as I was expecting the default to drop off in March next year?

 

Grateful for any advice.

 

Thanks

[dx100uk]

welcome along.

 

your cra file should indicate the last payment

 

what is the default date on the summary and who is shown as the owner?

 

also when was this account opened, that should be there too.

 

I doubt if pre 2007 they'll have a cca , so you should be safe.

 

most cat debts are heavily inflated by PENALTY [£12] charges &/OR PPI

 

both can be reclaimed.

 

dx

[debthelp13]

Hi,

 

Thank you for replying.

 

The account was opened in September 2003.

 

Default date is 27/03/2008 and owner is shown as Arrow global.

 

Its only the noddle report and for some reason its only showing me the payment history as far back as 2011? Should I get the experian report and check that?

 

What should I do now then? Write to them asking for charges and ppi back, and who do I write to, Restons or Littlewoods?

 

Thanks again

[dx100uk]

well they'll need the original credit agreement to goto court

fat chance of that turning up!

 

and they'll never goto court on a debt littered with penalty charges

for fear of a counter claim.

 

I suspect the OC sold the debt as its toxic as above so theres another clue

if they cant get the money out of you that you MIGHT owe

neither can a spoofing DCA or fake/tame solicitor.

 

as it'll be dropping off your cra file totally next march

 

I suspect its almost statute barred [typically anything upto 6mts before the defaulted date]

 

so that's why you've got them trying to spoof you into ack'ing the debt now.

 

PERS i'd do nothing.

 

you COULD send them a CCa request.

 

you could send LW an sar to get all the statements and get reclaiming

 

just remember to read the letters CAREFULLY

 

they never say WILL..but every word otherwise.

 

if you are worried at all about a letter

 

scan it up.

 

dx

[debthelp13]

Thanks, I can't scan the letter but I've typed it up......

 

Dear Madam,

 

Re - Arrow Global Guernsey Ltd v Yourself

 

We are instructed by Arrow Global Guernsey Ltd to claim immediate payment from you of the outstanding balance on your above account, being £1951.50 plus interest as appropriate.

 

We must ask you to pay the sum of £1951.50 direct to this office by Tuesday 18 June 2013, failing which we have strict instructions to issue a county court summons for the full balance due plus fees and costs. We are instructed to seek a judgement against you which will be registered by the court, if obtained. This is likely to adversely affect your credit record making it difficult for you to obtain credit in the future.

 

Our client may be prepared to accept payment by instalments. If you wish to consider this option please complete enclosed questionnaire and return to this office by Tuesday 18 June or contact us etc. etc.

 

I'd rather do nothing than risk acknowledging the debt and starting up the 6 years again however I am a little concerned about the CCJ, will there have to be another letter sent before they go to court or if I ignore this are they likely to just go to court.

 

Thanks

[dx100uk]

the infamous 'instructed' word

doesn't mean they WILL.

 

see that 1000's times here

usual twaddle

just a phishing letter really.

 

now you mentioned another CCj you have?

 

whats that all about

[debthelp13]

Ok, thanks. Think I will ignore it for now then and see what happens next.

 

Both me and my husband have a CCJ from Welcome Finance. (Separate loans)

 

Mine - Took loan out, stopped repaying around 2006/2007 again.

Moved house, but didn't inform them.

CCJ on credit file registered April 2009, never had any details regarding it or made any payments towards it.

Not heard anything since.

 

Husbands - Similar story, was repaying until early 2008 but was on reduced payments then stopped paying when was out of work.

 

Last acknowledged early 2009 when asked for credit agreement and statements,

produced a copy of credit agreement but no statements.

 

CCJ issued in Feb 2009.

 

Moved house shortly after and not heard anything since or made any payments.

 

Recently started receiving phone calls/letters from MKRR regarding this account, he hasn't spoken to them yet though.

 

Husbands CCJ is registered and also the same account is still registered live as a late payment for years.

 

Last shows a payment early 2009 which is when we wrote to them

although I never remember making any payment to the account.

Then registered as 6 on credit file since May 2009 with a different balance to CCJ?

Edited June 5, 2013 by debthelp13
More information

[dx100uk]

ah the old MKRR backdoor ccj trick with welcome accounts

 

VERY well known for it

 

that's why they've never chased them

 

very easy setaside process

 

but as these will vanish on their 6th birthday

 

 

if you want to do something about them

 

start a thread in the welcome finance forum

never known a welcome debt not to be littered with 'compulsory' insurance

and heeps & heeps of unlawful PENALTY charges

 

9/10 welcome typically owe the CUSTOMER, not the otherway around.

 

go have a read in that forum

you'll soon get the MO

 

dx

[Trurider]

PLease everyone bear in mind that there is a legal time limit for action which is 6 years from the event. They can threaten proceedings but if they issue you can have an action struck out under The Limitation Act.

[Trurider]

The Limitation Act 1980

 

The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

 

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

 

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

 

The Limitations Act 1980 also has additional effects, depending on the type of debt in question:

 

Unsecured debt

You may have assumed that your creditor has "written-off" a debt if you have not heard from them for a long period. In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

 

Remember, creditors are still able to pursue an unsecured debt if:

 

They have previously obtained a judgement against you (a CCJ);

You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)

You have not written to the creditor acknowledging or admitting that you owe the debt during the previous six years.

If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.