Checked Credit Score - Found a CCJ I knew nothing about.

[Vampyra]

It started with a letter from Restons the other day saying they wanted payment of under £1000 for a debt which I believe to be statue barred.

 

The letter said if I didn't pay I would get taken to court for a CCJ and would request monthly payments.

 

If the court does not allow this, the full amount is required forthwith including any accruing interest, fees and costs.

 

If I don't pay by a set date their client may be prepared to accept installments and return the expenditure and income form by the previously mentioned date.

 

They also draw my attention to the fact the client says I can clear the debt at a specially discounted settlement figure and if interested I should call them.

 

Can they offer the discount rate because they purchased it cheap in the same letter as threatening a CCJ?

 

As I said I believe this to be statute barred.

 

I was a full time carer for my mother for over 10 years and several existing student debts fell by the wayside.

 

Something made me sign up to the 30 day free trial with Equifax just now.

I see Cabot have stuck a default on my account and say it defaulted in 2010

- I thought it was longer ago than that. It know what it was for - a credit card.

 

Stopped caring and moved in 2012 and became very ill, which I am still suffering now.

 

It seems this big default Cabot put on my credit file in 2011 was defaulted in 2010.

I thought this was further back that this.

 

I have had about 4 DCA contact me re this debt since moving here, none of which have even mentioned getting a CCJ which makes me wonder if this IS statute barred?

 

Advice on this would be useful please.

 

Secondly, whilst searching my file I find a CCJ issued in 2013 at my old address by I do not know who?????

 

Advice on this is very much appreciated as I believe it would definately be statute barred.

 

The previous Restons issue was the latest issued credit card I had at that address.

 

Once I could deal with these things but since becoming ill I really need some advice on this please.

 

As it stands I have one CCJ lasting til 2019 at a previous address and one possibly about to be issued.

 

I don't work due to my illness, so they are barking up the wrong tree here.

 

Just as an after thought reading about Cabot -

The letter states it is Cabot Financial (UK) Limited v Me and the letter opens:

 

"We are instructed by our client Cabot Financial (Marlin) Limited, appointed by your creditor Cabot Financial (UK) Limited..."

 

The credit card was not with Cabot originally, obviously, but I now see that Cabot have changed their name on my Equifax file to:

 

Credit Card from Cabot Financial (Europe) Ltd (I)

 

Get me up to speed - is this correct or is something going on here that is not quite right?

[renegadeimp]

Discount = bad debt. Challenge it, or you can ignore it. Your choice.

 

Regarding your last post, Cabot have bought your debt

[Vampyra]

Can you clarify what you mean by bad debt please? I did ignore it but something made me fish it out tonight.

 

Re Cabot names, I read they have changed names as they didn't renew their licence or something? How would this affect things?

[dx100uk]

Doesn't they brought marlins that's all

I wouldn't both worrying about that

 

Are you saying there's a ccj already for the same debt Cabot / restons are chasing

 

Yes a discount is a sure fire pointer to something being up with the debt,......pay us something quick before you find out you're being fleeced

 

Who was that card org taken out with

Dx

[Vampyra]

Hi DX, long time no speak.

 

Sorry not very clear.

 

I have no idea what the CCJ is for or who it is with.

 

 

Obviously I have never had paperwork. I moved in mid 2012 and the CCJ was registered in September 2013. It's for under £400.

 

With regards Cabot/Restons,

I need to look into paperwork as to when the Aqua Card defaulted.

I actually thought it was about 2009 which would be the magic 6 years

but it seems to say the default date was 2010 which would only be 5 years.

 

Seems a bit suspect to me though.

[dx100uk]

last payment + 1 month ish....not from defaulted date.

 

 

dx

[Vampyra]

I am going to look at some paperwork. I have a little info I would like to run past you but its sensitive so I will drop you a message a little later. Thanks for your replies.

[Vampyra]

OK I found a letter dated 08/10/2010 which is from DHS 1st Credit, introducing themselves as the debt team.

I suspect they were not the first DCA involved in this but as I was I'll at the time, I don't really remember.

 

I think Aquacard themselves went on for a good number of months asking for payment but again I don't recall this.

I need to dig out more paperwork.

 

On a seperate note, what do I do about the CCJ?

I have no idea what it was for and had moved well over a year earlier so have never seen any paperwork for it.

 

 

Obviously nothing has been paid and I can only assume it's for a statute barred debt.

 

 

Aquacard was the last card I had and if that is possibly statute barred everything else would be much earlier.

[unclebulgaria67]

OK I found a letter dated 08/10/2010 which is from DHS 1st Credit, introducing themselves as the debt team. I suspect they were not the first DCA involved in this but as I was I'll at the time, I don't really remember.

 

I think Aquacard themselves went on for a good number of months asking for payment but again I don't recall this. I need to dig out more paperwork.

 

On a seperate note, what do I do about the CCJ? I have no idea what it was for and had moved well over a year earlier so have never seen any paperwork for it. Obviously nothing has been paid and I can only assume it's for a statute barred debt. Aquacard was the last card I had and if that is possibly statute barred everything else would be much earlier.

 

If you phoned the Northampton county court bulk centre that deals with the MCOL issued claims, they may be able to provide details of the particulars of claim, which should reveal original creditors name. Then you can find out more from the OC about the debt and see if there are any grounds for applying to a court to set aside the CCJ. You cannot set aside a CCJ just because you moved house and would need to provide other reasons.

 

In regard to other debts that come under consumer credit act, you could send CCA request.

[Vampyra]

Just been scouting around CAG and the letter I got was the same as this except different details and dates obviously. Is this just a letter trying it on? Would a discount mean it is statute barred?

http://www.consumeractiongroup.co.uk/forum/showthread.php?400009-Restons-First-Direct-HSBC-court-threat

Edited October 23, 2015 by Vampyra
Forgot link.

[Vampyra]

OK I will ring Northampton. I know it can't be set aside because I moved but I am absolutely sure any debt would be statute barred.

 

I also suspect any company issuing a CCJ knew I had moved. All previous debts whether paid or not have had DCA's trying to get money out of me since I moved. All but one of these were CCA'd and SAR'd some time ago and went dormant as they were statute barred.

 

Before anyone says anything about paying debts, (my OH often disagrees with me over CCA's and stuff and thinks stuff should be paid), I was caring full time for my very sick mother for 10 years. All the debts and cards apart from Aqua were from student and working days.

 

I have no debts like this now but have become very ill and don't work.

[Vampyra]

OK the CCJ is from J D Williams who I still have a catalogue account with and who know I changed address back in 2012.

 

Phoned the court who said I should ask J D Williams via CrapQuest and HL Legal, to apply to the court as it was issued to an incorrect address. I also never had a CCA for this account and it was statute barred as far as I recall.

 

Court sending me papers to set aside and original paperwork which was sent to my own address.

 

Any ideas how to proceed with this one?

[unclebulgaria67]

L,

OK the CCJ is from J D Williams who I still have a catalogue account with and who know I changed address back in 2012.

 

Phoned the court who said I should ask J D Williams via CrapQuest and HL Legal, to apply to the court as it was issued to an incorrect address. I also never had a CCA for this account and it was statute barred as far as I recall.

 

Court sending me papers to set aside and original paperwork which was sent to my own address.

 

Any ideas how to proceed with this one?

 

You can probably set aside, but may need to send JD Williams a SAR to get hold of information on file, if you don't have it. E.g proof they were advised of change of address, statements showing last payment to see roughly when stature barred.

 

With a set aside, you need to be able to evidence your position if there is a hearing. There would be no point doing the set aside unless you could back up statements to the court.

[dx100uk]

if capquest got the ccj set it aside against them

 

 

as they knew the real address

you'd need to prove that mind

and that it was already sb'd

 

 

dx

[Vampyra]

The proof is, I still have a catalogue account with J D Williams at my new address! I know what you mean though.

 

I will SAR J D Williams and CCA them too.

 

I'll see what they can come up with.

 

Talking of SAR's, should I do so with Aqua?

[Vampyra]

OK,

the CCJ wasn't statute barred.

 

 

Found some paperwork.

 

 

I was very ill, undiagnosed and unmedicated some time before I moved and things lapsed.

They still didn't have a signed CA though. Can't really challenge it I guess.

 

Hold on a roly mo!

 

I remember the account lapsed but I was allowed to order stuff if I paid by debit card still on the same account number.

 

 

Should I SAR and CA them?

Edited October 23, 2015 by Vampyra
Remembered something.