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Desperately Need Help With Old Debt Problem


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Hello everyone

 

I desperately need some advice regarding a problem I have arising more from misplaced trust and naivety than financial mismanagement.

 

Last week I received two letters from a firm called Optima Legal

telling me I had an outstanding balance of £6572.62 on one account and £3905.61 on another.

 

Furthermore, CCJ’s against me have been obtained.

They say they have been trying without success to contact me and have now given me 14 days

to complete an income and expenditure account

and make an offer of payment or a court order to attend for interview under oath would be sought.

 

I was flabbergasted when I read these letters as this was my first inkling that anything was amiss.

I showed them to my husband who then admitted that he had been intercepting and destroying any “suspect” mail for years!

It was pure chance that I got to the mail before he did.

 

He also told me that there were other nasties that I knew nothing about.

 

It turns out that there is another CCJ registered against me dated February 2012.

I have now obtained a copy of my credit report from Noddle which only shows the 2012 CCJ

– although it does show the other debts as outstanding and dating from 1997 and 2007.

 

Whilst not mentioned in my credit report,

I have found out that there are charging orders against my house by these creditors.

The house is in my sole name but mortgaged.

I am now worried sick that my home is at risk.

 

These debts are all in respect of credit cards taken out in my name but dealt with by my husband.

 

I remember a number of years ago my husband getting me to write to the various companies

asking for copies of the signed credit agreements but do not recall seeing them.

All I know is that my husband spent £7000 of my money paying these card companies and I thought that was the end of it.

 

I am 70 years old and in receipt of pension credit and as I am already paying off arrears on an electricity bill am unable to make an offer of payment.

Because of what has happened I have no savings.

Is there any chance I can get the CCJ’s cancelled after all this time.

 

Any help would be greatly appreciated

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best idea is to ring northants bulk

 

and get copies of these CCJ's sent to you.

 

I pers doubt optima were the claimants.

 

do they say who their client is?

 

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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Hi dx100uk

 

Thanks for the quick reply.

 

Optima client is ME 111 Ltd

 

Don't have any details of CCJ's so would not be able to get copies. Would rather not contact Optima until am more certain of my facts.

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go ring northants bulk court, not optima!

 

you should be able to get the CCJ number

by going to www.trustonline.org.uk.

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

ME 111 Ltd

 

are marlins DCA [debt buyers]

 

so the original creditor sold the debt

 

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

tough they can wait.

 

who was the claimant not marlins nor optima I bet?

 

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

Any "deadline" Optima have set is entirely arbitrary and singularly designed to get you to panic and pick up the phone where they can lie, cheat and coerce you in to paying much more than you can afford. In fact they are simply "hello, we would like to introduce ourselves" letters, written DCA style.

 

You are doing exactly the right thing by ignoring them until you get to the bottom of it.

 

If they are not the claimant on the CCJ then they can do nothing like drag you to court or an interview. Even if they are the claimant, it is likely that you would end up paying what you can afford, probably £1 a month for each.

 

You are doing very well so far. (Don't be tempted to pick the phone up as you go forward).

 

Let us know when you have the judgements and the team can decide the strategy from there.

 

And put your husband out to the shed on rice and beans for a month for his sins.

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I am still awaiting court copies of the CCJ’s but I have now obtained a credit report from Experian.

 

The search from Registry Trust reveals 4 CCJ’s which are listed as unsatisfied.

 

Cross checking the reference numbers with the Experian report,

I find that the claimants were

 

MBNA (2),

Cabot Finance, and

Yorkshire Bank.

 

Whilst the MBNA debts appear in the Experian report there is no mention of Yorkshire Bank.

 

Leaving aside Cabot Finance for the moment,

it would seem that the MBNA and Yorkshire Bank debts have been assigned (presumably bought by)

Marlin Finance subsequent to CCJ’s having been obtained by the original creditors.

 

The Charging Orders mentioned in my first post were obtained subsequent to the CCJ’s in favour of

MBNA and Yorkshire Bank and appear on the Land Registry in their names.

 

In the Experian report the debts in respect of MBNA are listed as satisfied.

Presumably because they have been settled by Marlin.

As mentioned though, they are not listed as satisfied in the Registry Trust search.

 

So, advice would be appreciated on the following questions:-

 

1. In view of the fact that Marlin were not party to the original case,

can they rely on the CCJ’s and seek enforcement?

 

2. If not, can I apply for a Certficate of Satisfaction in respect of these

debts?

 

3. Assuming that C’s of F are forthcoming, can I apply for the Charging Orders against my home to be discharged?

 

As far as Cabot Finance is concerned,

I understand that letters have been received but not seen by me and I await further developments

 

Thanks for reading this plea for help.

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the CO's will remain until paid off

or until house sale

 

no sadly you cant get certs etc to get them removed

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

what sort of values are these CO's?

 

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

£18k!!

 

oh

 

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... 

Link to post
Share on other sites
Hello everyone

 

I desperately need some advice regarding a problem I have arising more from misplaced trust and naivety than financial mismanagement.

 

Last week I received two letters from a firm called Optima Legal

telling me I had an outstanding balance of £6572.62 on one account and £3905.61 on another.

 

Furthermore, CCJ’s against me have been obtained.

They say they have been trying without success to contact me and have now given me 14 days

to complete an income and expenditure account

and make an offer of payment or a court order to attend for interview under oath would be sought.

 

I was flabbergasted when I read these letters as this was my first inkling that anything was amiss.

I showed them to my husband who then admitted that he had been intercepting and destroying any “suspect” mail for years!

It was pure chance that I got to the mail before he did.

 

He also told me that there were other nasties that I knew nothing about.

 

It turns out that there is another CCJ registered against me dated February 2012.

I have now obtained a copy of my credit report from Noddle which only shows the 2012 CCJ

– although it does show the other debts as outstanding and dating from 1997 and 2007.

 

Whilst not mentioned in my credit report,

I have found out that there are charging orders against my house by these creditors.

The house is in my sole name but mortgaged.

I am now worried sick that my home is at risk.

 

These debts are all in respect of credit cards taken out in my name but dealt with by my husband.

 

I remember a number of years ago my husband getting me to write to the various companies

asking for copies of the signed credit agreements but do not recall seeing them.

All I know is that my husband spent £7000 of my money paying these card companies and I thought that was the end of it.

 

I am 70 years old and in receipt of pension credit and as I am already paying off arrears on an electricity bill am unable to make an offer of payment.

Because of what has happened I have no savings.

Is there any chance I can get the CCJ’s cancelled after all this time.

 

Any help would be greatly appreciated

 

 

Have you found out who the original creditors are and what names appear on the judgements.

 

 

How old are the judgements please?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Original creditors in respect of Marlin are MBNA x2 and Yorkshire Bank CCj's date back to 2009

 

Cabot obtained judgement in their own name in 2012. Believe original debt was with CitiBank dating back to about 2007

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Could this be reported as fraud. Hubby has clearly done this without her knowledge. could she also appeal the CO and CCJs due to this.

 

I Personally would kick him to the kerb.

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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Could this be reported as fraud. Hubby has clearly done this without her knowledge. could she also appeal the CO and CCJs due to this.

 

I Personally would kick him to the kerb.

Nor enough evidence to build an accusation of fraud imo.

Not something that can be decided on a public self help forum.

Police would need to investigate this if the OP was willing to make

allegations of fraud.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Nor enough evidence to build an accusation of fraud imo.

Not something that can be decided on a public self help forum.

Police would need to investigate this if the OP was willing to make

allegations of fraud.

 

So she could but they may not do anything without more evidence or a confession from Hubby.

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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So she could but they may not do anything without more evidence or a confession from Hubby.

That's what I said, not enough evidence.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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