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Very old CCJ, multiple DCA!


pinkfloyd3
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I had a CCJ taken out against me in 1998 for for a bank loan I took out in 1996.The order was for £10 a month which I have been paying ever since.

Since then, the debt has been sold on to 8, 9 or even 10 DCA's, so many I can't accurately recall.

 

The last time the debt was sold on, the DCA contacted me for payment, at which point I notified them that there was a CCJ in place that was being abided by.

Having to explain this to so many DCA's was becoming annoying so I asked why the relevant information wasn't being passed from one DCA to another, since that's their responsibility.

I also enquired as to what information the DCA did possess with regards to the debt, and this turned out to be very little.

 

At this point I started to question what proof the DCA could provide that it was entitled to collect the debt and also questioned (since there was very little in terms of a paper trail) the amount I actually owed, no copy of the CCJ was ever passed on and no Notice of Assignment was ever issued to me when passing from one DCA to another.

 

The debt has now been sold again but to another company that the current DCA is also a part of, this time with a Notice of Assignment, of course.

 

Now, considering the claimant on the CCJ was a different entity entirely and the DCA has very little in the way of accurate information

with regards to the debt and with no previous Notice of Assignment being issued,

 

1. Is it still able to legally persue this debt (not being the claimant on the original CCJ)?

 

2. Does a recent Notice of Assignment mean anything if none were previously given?

 

3. Am I entitled to proof that the DCA does have the legal right to collect this money (i.e. Notice of Assignment for each time the debt was sold on)?

 

4. Am I entitled to proof of how much I still owe (more than just a letter from the new DCA, i.e. statements of payments I've made dating back to the first payment I made under the CCJ)?

 

I accept the debt needs to be paid, but how do I know it is the DCA I should be paying and how confident can I be in the outstanding amount,

if they have very little evidence of ownership or previous payments made (my neighbour could say they bought the debt, how would I know I should or shouldn't pay them)?

 

ty

 

(Also posted on MSE)

Edited by aircoreboy
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you ask them for a copy of the CCJ

 

and a full set of statements for what you have paid

 

as you believe the debt has been settled long ago now.

 

if they persist, then simply tell them they are not the named claimant and you will only ever pay them.

 

sorry sounds like you've been had badly here.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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pers I wouldn't give them the pleasure of you thinking they have any power like

an sar does toward a creditor/debtor relationship might imply.

nor £10

 

if they think you owe them money YOU ASK THEM TO PROVE IT.

 

by the above post

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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how much was the original ccj for. Do u have the original paperwork. If so consult that or even if u have ref number contact the OC or courts.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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the OC would not have been the claimant

 

and the courts will have no records I bet after all this time.

 

classic cash cow case sadly

 

I bet lots of the balance were PENALTY charges & PPI too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I ment the OC as in the one on the claim form not original creditor.

 

more than likely re the courts but it would be a very long shot

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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The original CCJ was for just over £4200.

 

I no longer have the paperwork with regards to the loan, but do have the original CCJ.

 

The original creditor and plaintiff on the CCJ was the Halifax, the current DCA is Apex Credit Management, acting on behalf of Cabot Credit Management Group.

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My advice would be to add up all payments made take that from the money owed and then tell the new chaaer that they can bugger off as u have a ccj that is to be paid to xx and as result based om the court info xx has been paid and xx is due to the courts

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I ment the OC as in the one on the claim form not original creditor.

 

more than likely re the courts but it would be a very long shot

 

then that's not the original creditor its the claimant.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The original CCJ was for just over £4200.

 

I no longer have the paperwork with regards to the loan, but do have the original CCJ.

 

The original creditor and plaintiff on the CCJ was the Halifax, the current DCA is Apex Credit Management, acting on behalf of Cabot Credit Management Group.

 

who was the sols, haliprats don't do court themselves

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

doing a bit of research here and around

for the era of the ccj, they were doing cases for hbos.

 

i'd be writing as post 2.

 

just remember the current 'buyer'

[though I bet you've never received official NOA's]

 

doesn't know what you paid in the past.

 

so for all they know you could have been paying more than £10PCM.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

doing a bit of research here and around

for the era of the ccj, they were doing cases for hbos.

 

i'd be writing as post 2.

 

just remember the current 'buyer'

[though I bet you've never received official NOA's]

 

doesn't know what you paid in the past.

 

so for all they know you could have been paying more than £10PCM.

 

dx

 

Thanks dx, will be sending that off today!

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