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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Backdoor CCJ - Lowell/Carter re:Shop Direct CAT debt - now +5yrs old - should i be worried?


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Just my thought here, im not disagreeing with anything posted.

 

As we are seeing so many DCA's getting back door ccj's through old addresses, would it not be prudent to notify a change of address to them?

 

It may well help in not having to set aside many ccj's only to have to defend the claim anyway.

 

It would not mean anyone had to acknowledge any alleged debt but if its in writing that the dca has been informed and he then tried to obtain a ccj at an old address, surely thats only to your advantage.

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Forget electoral registers...you have to have proof that the claimant knew your new address....yes previous address is accepted as good service.....but only if they dont know your new address.If you can prove otherwise......

 

Martin in most cases you wouldn't get chance to notify the DCA as they never follow Pre Action Protocol or even let the defendant know they are issuing...nor the defendant knows its been assigned from the OC

 

Andy

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Thank you guys.

 

I two minds now. The only 'proof' I'd have that they knew the new address is that I'd have letters from them before, during and after they placed the CCJ.

 

I never notified the DCA's of address changes.

 

Is there a limit to when I can challenge the CCJ as I would like to ask the courts for a copy.

I've obtained information about the debt from the courts but would a copy contain in-depth information/times/dates/original debts etc. I got the basics.

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Basing your defence entirely around the address will unlikely get it set aside, showing that the claimant had no right to claim for whatever reason, no paperwork, disputed account balance due to charges etc

 

Mr C doesnt like paperwork, so chances are he never had it

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Thank you.

My account did incur charges (page 2) but I believe this was from the original account before sold to Lowell's.

What could be my next step?

Contacting Lowell's and asking for paperwork/charges?

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Firstly you need to set aside the ccj with the n244.

 

The amount claimed is disputed due to charges etc

 

Wrong address despite having current address

 

Claimants right to bring claim without paperwork

 

These are all good reasons for the set aside.

 

Once set aside, if granted, you can then work on reclaiming them back from shop direct, the original creditor whilst holding off lowells with CCA request.

 

You already have the SAR and statements so prepare the CISheet if you havent done so already.

 

I'm not 100% sure if you can begin the reclaiming while you are having the ccj set aside but im sure one of the team will advise

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Martin, fantastic. I have a day of Tuesday so will spend all day on this.

 

One thing I need to clarify is "Claimants right to bring claim without paperwork"

I know you said they're useless with the paperwork but what exactly would I be targeting?

 

Would this be filing for a CCJ without original docs?

 

I remember earlier in the thread someone mentioned that they're notorious for loop holes.

If so, I'll find it on the forum somewhere.

 

Chris.

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Look at it like this, if you owed me money but i didnt have it in black and white, in written form with your signature agreeing you owed me and i went to court empty handed with no proof that you owed me anything, how raucous would the judges laughing be?

 

If they are claiming through court, they have to prove you owe them the money, thats why lowells/carter use old addresses so you never receive the claimform and cant defend so judgement is entered in your abscence. They also do this "old address" trick if they havent got a prayer of proving you owe them anything, ie no CCA,Then you are in the position you are in now.

 

Hope thats clear for you

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Ok, a small update, unsure of the relevance but I just spoke with the courts in preparation of my set aside. "PURSUANT TO THE LAW OF PROPERTY ACT 1925"

 

They gave a little more information than last time. The address on my SAR notes from Shopdirect which states the acc number, dates and dates debt was sold to Lowell's is an different/older address to the one Lowell's issued the CCJ to. I would not have updated them on this, they would have found out due to the electoral register, and for some reason, only just filed the CCJ in 2015.

 

The debt was sold to lowell's 12/2010.

 

Any use? If not, ignore and I'll continuing building the case as above.

 

Cheers.

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Its more about the right to bring a claim, charges etc than the address, thats secondary and adds to the main defence

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  • 4 years later...

Hi CAG

 

I've a 5.5 year old CCJ which I only found out checking my report as it was sent to an old address. It was sent a month after I moved (2015).

Lowell have recently written to me reminding me of the CCJ to my new address.

 

My question is: If it was to go past 6 years and Lowell tried to re-apply,

1. Would I be notified by the courts at my new address or

2. Is it simple a extension of the old CCJ with no chance to defend

3. They send the CCJ to the old address again?

 

After so many years the last thing I want to do is be in contact with a DCA.

I know I don't get to choose but had this been the bank, I'd feel much better contact/setting up a repayment (which ironically is what I should have done before all of this!)

 

Thank you.

 

 

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 How much is the CCJ for? Do you own your home?

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Threads merged for full history

 

Dx

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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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Ahh £756? , 5,5 years old. Run the clock out.. ignore !  No one will be reapplying to court for that amount 

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can you scan up this recent letter to PDF please

read upload carefully.

 

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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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19 hours ago, London1971 said:

 How much is the CCJ for? Do you own your home?

 

19 hours ago, London1971 said:

Ahh £756? , 5,5 years old. Run the clock out.. ignore !  No one will be reapplying to court for that amount 

 

Indeed.

My thinking was maybe offer them a lower price just to get them out of my hair.

I made a thread last year about the same CCJ for another reason but as it gets closer to 6 years I've been thinking about the 'what if'.

 

I've been trying to find people who've had a CCJ reapplied, not many I must say and I don't know the reason behind it (I hear the courts can favour claimants if the debtor was out of the country etc.

 

How much does it cost them?

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no such thing as a CCJ reapplied....

 

can we see this letter please in PDF 

 

 

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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I'm reading that a claimant can apply for a CCJ renewal after 6 years by reapply to the courts (with good reason as to why it wasn't resolved within the 6 years). Quick google search, this wasn't the link where I read it from but pretty much said the same thing.

 

Image below,

 

Thanks.

Chocolaterecipes-.pdf

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the CCJ is coming up to 6yrs without enforcement.

should they let it run past 6yrs...

they will have a very hard time asking the court to enforce it outside of 6yrs from when carter gained the default backdoor judgement

the very fact it was attained by carter by the backdoor is probably why they have never tried, they know should they ever try to enforce it and you push things back to court, the whole sorry story will come out.

carter got 10'000 of backdoor CCJ against people that were 99% faulty.

 

they cannot 'renew' 'reapply' or reset anything.

once the CCJ reaches it's 6th birthday it is removed from your credit file never to return.

 

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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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:pound:no dca are in it for anything bar free money from mugs to their own pockets to go down the pub that night, pay for staff holidays en masse or their xmas parties...

 

read below in red

 

dx

 

  • Like 1

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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