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very old B+B mortgage shortfall CCJ - order to attend court - help!


divadeb
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email to me as usual

 

sounds like they are stuffed

 

time to ignore them

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 only have an iPad so can only take photo's.

 

Not to worry.

 

But is this record of examination filled in with your personal details ? Was this a process you took part in, where they look at your financial position to pay the judgement ?

We could do with some help from you.

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dx100 I will forward you a copy of the letter from B&B,

they have sent me a copy of the record of examination which I filled in at the court, did you want a photo of that aswel??

 

Unclebulgaria the record of examination was done at the court, me and my ex had to attend.

 

 

It was like an income and expenditure, at the end of the form I had to make an offer of payment.

 

 

There is a claim number in the top right hand corner and it says in the left hand corner that the judgement creditor is B&B.

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yes all please

 

 

IMHO no copy nor record of judgement = bugger off B&B.

its outside 6yrs anyway not enforceable

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

oh dear in their own words

they don't have a copy of the judgement

and

they state its outside 6yrs and unenforced

tough IMHO they are trying to spoof you.

 

 

minded to write back and tell them as much too.

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

Do you think it's a good idea to contact the court to find out exactly when they obtained this CCJ that way I'll know if it's still enforceable?

 

I'm thinking of composing a letter setting out all differant amounts they said I've owed over the years, stating that this has been going on way to long, etc.....good or bad idea???

 

Could they have got the judgement at the address that was repossessed?

If they had there would have been no way of me defending it as I wasn't there.

 

All this is taking its toll on me now, I've had enough.

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That's probably the whole idea

Make you give in and pay

 

Personally I'd now ignore them

Until/unless anything from a court lands on your mat

 

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

why do you think they can do that?

 

its passed its time for enforcement.

 

they cant just out of the blue do that

it would have to go back to court

and you and he would be notified of that and be able to contest it.

 

looking at the whole situation.

DMS have obviously bought the old B&B portfolio

and are masquerading as B&B to scare you into paying

because you probably got spoofed in 2009 when there was no need to pay

and they're hoping you'll fall for the trick again.

 

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've just rang the court as I'm now getting myself worked up.

The original judgement was in 2005 for mortgage shortfall.

The judgement was transferred to Bradford in 2009.

It is still enforceable which means they can send AOE or bailiffs or put a charge on my house if I owned it.

She advised me to go to CAB as soon as possible.......I'm gutted.

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I've just rang the court as I'm now getting myself worked up.

The original judgement was in 2005 for mortgage shortfall.

The judgement was transferred to Bradford in 2009.

It is still enforceable which means they can send AOE or bailiffs or put a charge on my house if I owned it.

She advised me to go to CAB as soon as possible.......I'm gutted.

 

But only if they seek the courts approval ...as the judgment is over 6 years old (assuming they have never executed it since 2005)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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ta-da pennys dropped yet..

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

Somehow I don't think it ever will dx :/

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I've just rang the court as I'm now getting myself worked up.

The original judgement was in 2005 for mortgage shortfall.

The judgement was transferred to Bradford in 2009.

It is still enforceable which means they can send AOE or bailiffs or put a charge on my house if I owned it.

She advised me to go to CAB as soon as possible.......I'm gutted.

 

County Court staff are not really allowed to comment on whether it is enforceable. They can only really tell you about what has happened and Court processes.

 

Whoever had this debt when you stopped paying this 4 years ago should have gone back to court to seek further enforcement or certainly before 6 years had passed from 2009, when the court last dealt with it.

 

If you are still in touch with your ex or can contact them, it would be better for you to both sing from the same hymn sheet. If your ex was also aware that payment had stopped 4 years ago and the debt owner had not gone back to court regarding enforcement since 2009, that there is doubt that the debt can still be enforced. Or it would need the debt owner to make a new court application. At least your ex would then know to watch out for any post.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I am still in contact with my ex, and he is agreeing we stick together.

 

 

Nobody else has ever had this debt other than B&B,

I have no idea why it was moved to Bradford courts,

I wasn't made aware of this.

 

I'm getting the vibe from the posts I shud sit tight and see what happens ???

 

 

Thanks everyone.

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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... 

Link to post
Share on other sites

nope they were sold off years ago.

 

sadly they can use the 'name'

 

which appears to be quite a clever ruse by this lot.

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

Just done a bit of digging and found that B&B collapsed between 2008-2009 and was bought by Santander which I sort of knew. So this might explaine why my CCJ was transferred to Bradford court. If B&B sold the debt do they sell the CCJ that's attached?

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well the 'buyer' certainly assumes all rights.

but the history of ownership of your particular 'debt' might not be all the straight forward

[and remember this is a std debt now NOT a mortgage]

and that shows in the fact they cant

[or might be more correct to say 'wont']

produce a copy of the CCJ

because its not in their name ie they were NOT the original claimant.

 

 

were they to produce this and they have not

[which is obviously the case]

had themselves substituted as the claimant at a later hearing

[which you'd know about and they'd be documentation to prove it]

they'd be up the creek without a paddle.

 

 

which is why i'm saying let this run now.

 

 

this debt is exactly the same as a dca

[which in this instance UKAR are acting as one as there is NO MORTGAGE only a possible shortfall CCJ]

chasing a debt whereby they say we have a CCJ

we want payment

 

 

you scratch the surface and you find

it wasn't the DCA that got the CCJ

it was the original creditor

and enforcement is out of time.

 

 

this is what andyorch is eluding too in post 138.

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

No in reply to divadeb, the mortgage book was retained and managed by the government agency UK Asset Resolution

 

They are now preparing the mortgage book for sale, probably to th US company Cerebus Capital

and this may explain why this is rearing its head again

 

Personally I think you have been done over from day one by B&B and with intense research

there are numerous complaints you could persue

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Think there is a bit of confusion here.

 

B&B business was split after the financial crisis. Some of their business including debts is held by UK Asset Resolution, which is an arms length body set up by government. These are the people chasing your debt and they own it. They will have legal title to the debt and can take relevant court actions. Whether they can still enforce the debt, as a court has not dealt with it since 2009 is another matter.

 

Santander were only sold some of the B&B business such as current accounts and branches. Not mortgage debts after repossession.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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