Natwest, Capquest and CCS Collect

[chiefmegawatty]

Sorry fletch I am getting confused here.

 

I don't understand exactly what you mean by a claim form.

 

All I've had is a letter from CCS accusing me of making payments towards the alleged debt

and saying that it's therefore not statute barred.

 

I know for certain that it is statute barred so I can't understand how a judge could give me a rubber stamp CCJ.

 

However if a judge grants a CCJ against a statute barred debt then surely statute barred means absolutely nothing.

[fletch70]

Dx says that if you receive a claim form for a debt that is SB i.e a form from the court , you should not ignore it. You said ignore it.

 

If you ignore it then you will be given a CCJ which yes you could possibly get set aside but that will be difficult. By far the easiest thing is to defend it with the defence of SB.

 

Many a CCJ and even BR's have been issued simply because the defendant could not be bothered , or didn't know how to submit a defence

 

In the same vein there are many criminal or other offences that go on records simply because the defendant did not have access to proper representation.

[chiefmegawatty]

Sorry I thought by claim form you meant another letter from the DCA.

 

I meant ignore any further letters from the DCA.

 

Should the DCA take me to court am I correct in assuming that the judge will have no knowledge of the default date and that it's statute barred?

 

I assume not if he could issue a rubber stamp CCJ without the debtor defending the CCJ.

 

Elsewhere on this forum I have read that a statute barred debt cannot be enforced through the courts.

 

Now I am beginning to doubt that.

[ims21]

A Statute Barred debt cannot be enforced through the courts, that is correct.

 

But of course someone will have to tell the court that the debt is SB which is why a defendant would need to put in a Statute Barred defence.

[chiefmegawatty]

Do DCA's often take debtors to court for debts that are SB?

[ims21]

Do DCA's often take debtors to court for debts that are SB?

 

They will most certainly try.

[chiefmegawatty]

OK so why do the DCA wait for the debt to become statute barred before taking a debtor to court when they bought the debt many years before it became statute barred?

[ims21]

OK so why do the DCA wait for the debt to become statute barred before taking a debtor to court when they bought the debt many years before it became statute barred?

 

a) they are chancers and hope to get judgement by default

 

b) they don't have full data when they buy a debt so see a) above

[chiefmegawatty]

OK so why don't they try to obtain a CCJ by default before the debt is statute barred.

[ims21]

They don't deliberately wait until it is SB.

 

They issue before SB dates as well.

 

It is all a bit random.

 

They buy a debt not knowing what the true status is, they try to collect and then they may try court.

 

There is no logic involved....it is what it is.

[fletch70]

They may if they think they can get away with it .

 

remeber as well that when they buy the debt they will get very limited info so may not know that it is or approaching SB

[chiefmegawatty]

Well

 

I have told CCS the default date and told them that it dropped off my CRA report last may.

 

If I had made any payments towards this alleged debt then it wouldn't have fallen off by CRA report last May.

 

Therefore they must know that it's Statute Barred.

 

I have saved screen shots of my CRA report before and after the date it was removed.

 

The first screen shot clearly shows the default date

and the second screen shot clearly shows that there is no default registered.

 

Therefore I would be amazed if CCS took me to court.

 

They couldn't possibly win.

[dx100uk]

Well

 

I have told CCS the default date and told them that it dropped off my CRA report last may.

 

If I had made any payments towards this alleged debt then it wouldn't have fallen off by CRA report last May. - wrong

paid to OR NOT- if a debt has a default date - the WHOLE ACCOUNT WILL VANISH on the defaults 6th birthday.

 

Therefore they must know that it's Statute Barred. - the default date on a CRA file has NO RELEVENCE to the SB date

 

I have saved screen shots of my CRA report before and after the date it was removed.

 

The first screen shot clearly shows the default date

and the second screen shot clearly shows that there is no default registered.

- no the debt surely is now not showing at all?

 

Therefore I would be amazed if CCS took me to court.

 

They couldn't possibly win.

 

they could if you don't DEFEND IT - which is why you MUST NEVER EVER ignore a claimform or an SD>

 

a judge will NOT ASK to see any paperwork - will just rubberstamp the CCJ and grant it.

 

dx

[chiefmegawatty]

I am now totally confused.

 

You are implying that a claim form and a statutary demand is the same as a threatning letter from a DCA.

 

Please explain why you have these things confused.

 

I have had nasty letters from the DCA but no claims forms or statutary demands.

 

This site advised me to ignore letters from DCA's especially when the aledged debt is statute barred.

 

Now this site seems to be telling me the opposite.

 

No wonder I am confused.

[ims21]

You need to understand that County Court Claim forms and Statutory demands are not just threatening letters from a DCA.

 

They are both vitally important things that you must not ignore.

 

A county court claim, if undefended will lead to a county court judgement against you.

 

A Statutory Demand is a precursor to bankruptcy proceedings.

 

To reiterate, you must not ignore County Court Claim Forms from the court or a Statutory Demand.

[chiefmegawatty]

OK thanks for taking the time to explain this.

 

In previous posts the term "claim form" confused me.

 

However I now understand since you mentioned that it referred to a County Court claim form. Yes, I agree,

I would never ignore a claim form from a court.

 

However regarding defending a County Court claim,

I have a CCJ registered against me from 2010 for which I never received any claim form.

I didn't even know that I had a CCJ until eight months after it was granted.

 

I am therefore confused how you can defend a CCJ when you have never received any claim form.

 

I assume that the courts don't send out a claim form in order to ensure you can't defend yourself and guarantee a CCJ by default.

 

Regarding Statutory Demands that can lead to bankruptcy I am a little confused.

 

I understand that the debt bankruptcy threshold is £750.

 

I also know that bankruptcy can only happen when your debts are greater than your assets.

 

Therefore if a person has a debt of £750 and assets of over £200,000 how could that person be declared bankrupt?

[ims21]

OK thanks for taking the time to explain this. In previous posts the term "claim form" confused me. However I now understand since you mentioned that it referred to a County Court claim form. Yes, I agree, I would never ignore a claim form from a court. However regarding defending a County Court claim, I have a CCJ registered against me from 2010 for which I never received any claim form. I didn't even know that I had a CCJ until eight months after it was granted.

I am therefore confused how you can defend a CCJ when you have never received any claim form. I assume that the courts don't send out a claim form in order to ensure you can't defend yourself and guarantee a CCJ by default.

 

Regarding Statutory Demands that can lead to bankruptcy I am a little confused.

I understand that the debt bankruptcy threshold is £750. I also know that bankruptcy can only happen when your debts are greater than your assets.

Therefore if a person has a debt of £750 and assets of over £200,000 how could that person be declared bankrupt?

 

Re the CCJ from 2010, you say you didn't know until 8 months after it was granted. You could have applied for a set aside on the basis that no court papers were received. Had you moved house or some such? Part of the process when considering an application to set aside a judgement is also to establish whether there was any prospect of a valid defence. A set aside puts the case back to a position where you can put in a defence.

 

I agree, if no court claim form was received then it cannot be defended but you would need to know why it wasn't received.

 

If you had a debt for £750 and had assets of over £200,000 would you not pay it or move to have the SD set aside?

[chiefmegawatty]

I hadn't moved house but I suspect that my wife (now run away) was intercepting my post which is probably why I never received a County Court claim form.

 

I therefore think that the claim form should be sent registered post

and should only be signed for by the accused recipient to remove any doubt that the recipient received it.

 

Sadly the courts don't do this so you can be dropped in the mire by someone else.

Legal justice my ass. There is no justice in this country.

 

Regarding SD's I have been told by my County Council that I am not allowed to sell assets to pay off debts.

 

They said that they would consider it to be disposing of capital in order to claim benefits.

They also said that the rule counts even though I don't claim any benefits.

 

I therefore understand that you are not allowed to sell assets to settle debts.

 

If you don't beieve me then check with South Gloucestershire Council.

 

I have a valuable land asset in Wiltshire but according to my local council I am not allowed to sell it to pay off my debts.

I therefore assume that county court judges won't allow you to sell assets to pay off debts.

They obviously want people living on the streets for no sensible reason

even though you have assets you could sell to easily pay the debt.

 

This now being the case I consider councils and county court judges to be brain dead.

[ims21]

I haven't read the whole thread so the answer may be here somewhere but if you are not claiming benefits then in what way are you beholden to the council?

 

If I had some land and I wanted to sell it then I would sell it. It is mine to do with as I wish.

[dx100uk]

was the CCJ a joint debt then

if not it should not be on your CRa file nor against your name.

 

dx

[chiefmegawatty]

I haven't read the whole thread so the answer may be here somewhere

but if you are not claiming benefits then in what way are you beholden to the council?

If I had some land and I wanted to sell it then I would sell it. It is mine to do with as I wish.

 

I was getting Council Tax reduction due to living on a small private pension.

 

I was allowed up to £6000 in assets (apart from my house) before loosing my entitlement to the reduction.

 

However councils have now changed the rules.

If you are living on low income and have an asset worth £6000 or more you loose all of your Council Tax reduction and have to pay the full amount.

 

Therefore from this coming April I will be receiving no benefit or reduction towards my Council Tax.

Despite this, the Council said that selling my land would be considered to be disposing of capital in order to claim Council Tax reduction.

 

The CCJ I have from my water supplier resulted in a charge order being placed on my house.

 

I am considering visiting the Council offices with my charge order court papers and telling them that I am selling the land to pay off the charge order.

 

Would be interesting to hear what they say then regarding disposing of capital to obtain benefits.

I did ask the Council over the phone if I could offset my debt against my assets and they said "no". Amazing !!

[chiefmegawatty]

was the CCJ a joint debt then

if not it should not be on your CRa file nor against your name.

 

dx

 

The CCJ resulted from non payment of water and sewerage charges.

The account with the water supplier was in my wife's name only.

The water supplier was unable to recover the debt from my wife so they added my name

to the account, took me to court, gave me a CCJ and then landed a charge order on my house. Apparently domestic service providers can place debts in the name of anyone who is living in the property. British justice....my ass.

[chiefmegawatty]

Received today another letter from CCS saying that

 

they have put the account on hold.

 

They say that they have referred the account back to their client

and will stop any further enforcement action until they receive more infornation from their client.

 

I ask myself what more information and what further enforcement action.

[dx100uk]

enforcement my foot

 

they are a poxy DCA they ARE NOT BAILIFFS

 

and cannot 'enforce' ANYTHING.

 

their website make interesting readings on some of the things they claim.

 

esp that overseas student with a student loan MUST ONLY pay CCS

yea that's because they don't owe anything to anyone 9/10

 

dx

[chiefmegawatty]

Thanks dx.

 

I just wish I could get them off my back for good.

 

They never give up and admit defeat.

 

Maybe if I send them a letter asking them to take me to court

and asking them to send enforcers here and they do nothing

then I have called their bluff and they will go away.

 

I don't agree with advice on this site regarding calling the Police if you have a visit from a DCA.

 

In my previous experience the Police are useless unless they are enforcing the Road Traffic Act to meet their targets.

 

I have two well built sons who are army trained and looking forward to a visit here from CCS enforcers.

 

Such a visit will be fun.

 

I am also looking forward to their visit to watch the spectacular results.