TBI Finance chasing old year 2000 CCJ - they wont go away!!

[the tinkerman]

Sorry ims21 was only trying to help point taken though.

[ims21]

Sorry ims21 was only trying to help point taken though.

 

[yorkshirecagger]

Can i just say thanks again to everyone who helped out here so far

[BRIGADIER2JCS]

Can i just say thanks again to everyone who helped out here so far

 

I'm sure we are all pleased to help, as soon as you here anything please come back here for help.!!!

[dx100uk]

you have check www.trustonline.org.uk

just to ensure these buggers haven't got one in by the backdoor?

 

have you moved since the org case too?

 

dx

[yorkshirecagger]

Thanks for that DX I have moved about 5 times in 10 years, ill look into it and feed back

[dx100uk]

be very careful then.

 

it'll cost lots to search every address

 

dx

[Biggjb]

Hi Yorkshirecagger.

 

As Tinkerman said tread carefully on this one.

 

The first thing they are trying to do it to make you pay something.

 

This then gives them a solid case to go back to the court with as in essence you reactived the dormant CCJ.

 

In the past when dealing with Merit finance the best thing to do is nothing and ignore it as they are chasing their old loan book they brought back in 2001/2002

when ICF went bust.

 

To help add to your records

Chivers are Chivers Easton Brown Solicitors who Merit passed their CCJ debts to collect.

 

It seems they couldn't find you so archived this case.

 

Also Merit will have a copy of the CCJ and will have passed this on to TBI.

 

Now it seem Merit have sold this to TBI along with a whole batch of others that they couldn't collect on.

 

I would definitely not pay or acknowledge any of the debt and ask for the proof.

 

Do not pay anything to them unless instructed to by the court

[yorkshirecagger]

Hi I have exchanged a few letters with TBI.

 

Since the advice from Brig I sent them two letters, there has been some exchange discussing identity documentation and original application forms which I wont go into and more importantly regarding the main points made here in the forum they wrote -

 

We refer to the above matter and the letter dated xyz...to Kevin Edgar of our client company. Please ensure all further correspondence is sent to ourselves.

We are currently awaiting a copy of the county court judgement and once we receive the same, we will supply you with a copy.

 

We believe that the documentation we have now provided you with, proves without doubt that you did enter into the Loan Agreement with ICF Limited and therefore, we trust that we will now receive your proposals for repaying the sum of £xyz... due to our client company.

 

Should we still fail to receive these proposals, we have been instructed to apply to the court for leave to enforce the judgement debt

 

 

What do you think?

 

Thanks

[BRIGADIER2JCS]

Hello YC I'll take a read through the whole thread again in case we've missed something.

[yorkshirecagger]

Thanks Brig, appreciate your help.

One thing I was wondering - when ICF went bust they would have gone into administration? When they are do they have to write off the debts and if they didnt and could sell them would the administration company have to have had some kind of contractual due diligence to go through ensuring the clients legal interests under contract law were protected?

[dx100uk]

they wont get it

 

post 58 refers

 

dx

[the tinkerman]

Believe me yorkshirecagger

 

Been through all the legalities regarding sale from ICF to Merit when ICF went into administration, was all above board and legal.

 

Tinks

[Soul Reaver]

If there's a CCJ then it can't be statute barred as such. However, as the judgement was more than 6 years ago the claimant would have to go to court to seek enforcement and they would have to explain why they hadn't enforced before. It's very unlikely that they would succeed.

 

Amongst the papers they have sent you is there a copy of the county court judgment with the court stamp on it?

 

Is there anything on your credit file? There shouldn't be.

 

Is that true that your old county court judgements stay with you forever? Can these be sold on or only pursued again by the original raiser of the CCJ?

 

Cheers

[dx100uk]

yes but only the original creditor [claimant] might

very remotely

get a chance to enforce after 6yrs

 

very rare though.

 

dx

[Biggjb]

Just thought on a different context Merit finance is in Liquidation and will be wound up shortly. See companies house. Explains the mass selling of account to TBI