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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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Bandy72

default judgment letter - didnt get court papers - help ?

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Hello,

 

I am not entirely new to the CAG forum, but forgot my old login, today I had a horrible surprise, and I hope someone might offer some assistance as to what the best practice would be to go forward.

 

 

This morning I opened a letter that said a company has obtained a judgment against me and require payment of £1300

 

I did not receive a letter from any courts regarding the companies claim, but it seems they have me in a rather unhappy position.

I am supposed to pay by the 29th of this month, this was for a bill that was £50.

 

Had I been informed of court action, of course I would have made a defense.

 

I have spent many years recovering from debt and this year I have just started to get my credit file back into the green, waiting 6 years for an old debt to go away, so very sad.

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what was you old username please

 

 

and have you moved since you took the credit out

if so and you didn't tell your creditors

then they are quite at liberty to file to an old address.

 

 

dx


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Hello dx100. I cant remember I am afraid, its not important - I was not a massive poster or anything.

 

But no I have not moved house for many years,

 

 

should the courts have issued me papers and at least given me a change to defend the claim?

 

Can I set it aside with a letter to the courts without spending £255 which is frankly ridiculous

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if you've not moved since you took this credit out

then yes that's the 1st stage for a set aside

the 2nd being a valid defence

 

unless the claimant agrees

or you are on certain benefits sadly it will cost £255

 

can you tell use about the debt please

name names.

 

 

dx


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ok,

 

It was actually not for credit - this is a training bond that a bus company I trained with said was due to pay.

 

I was very poorly and had worked for them twice, I suffered from depression and was on medication, I tried and failed to get my working hours reduced and was really forced into leaving as I was unable to work the normal working week due to illness.

 

When I was at my lowest point my final pay packet was half of what I expected, as they removed £150 from my wages for what I thought was the rest of the training bond.

 

some weeks later they sent me a letter chasing the £50 they said was remaining, and I explained the situation that I did not want to leave the company and that I had been asked to resign to undertake another job within the company anyway, a few months passed and the £50 was being chased by a shakespeare martinue company, I explained the situation to them and 2 months passed without any correspondence.

 

until I got an email from them stating the company still felt that the £50 was due so pay up.

I replied I refute the companies version of the events and hadn't heard anything up until today when I open a letter that says we have obtained judgment against you so please pay by the 29th of july, the bill is now £1300

 

which is a bit odd as they didnt not mention court action at the last correspondence on the 4th july.

 

I feel I have been sucker punched.

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£1300 is ridiculous and I daresay it would have had so many fees and charges added that they never could have succeeded with a defended claim


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£1300 is ridiculous and I daresay it would have had so many fees and charges added that they never could have succeeded with a defended claim

 

I'm just so distraught after spending years with a damaged credit score, we had turned a corner this year only to have this happen.

 

Pay the bill bill in 6 days, or risk a judges discretion. Either way is terrible.

 

I can't believe our justice system can allow this to happen to people without court documents ever appearing to the defendent.

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phone the court tell them you didn't get any paperwork.

 

 

ask for a copy of the CCJ.

 

 

see what they say

 

 

dx


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Do you think there is any possibility that I can avoid the n224 form and it's fee ?

 

Have there been any circumstances where a well written letter can get the judgment set aside so I can then speak to the company.

 

I'm sure the fact that a bill was £50 then it's £1300 would look rather extortionate to a sensible judge surely ?

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if the claimant agrees by consent I think it is.


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if the claimant agrees by consent I think it is.

 

Thanks. I'll see what the situation is on Monday.

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Ring the court first

Ask for a copy of the ccj

Ask the claimants name

And the address the claim was served too

 

If it turns out who you think it was and the address is correct

Then ring the claimant and ask if they would agree to set aside by consent

 

they might agree to do it themselves = Free to you

if you agree a repayment?


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Thanks, a few days on I have sought legal advice, submitted the n244, paid the £255!

instructed the other party, and asked if they would consent, however they did not reply so I was forced to go ahead anyway given the time frame.

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what were the details of the debt?


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I don't have any further details, just that the papers were filed to an address I have never lived at, and I have no links to.

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did you not request a copy of the CCJ from northants?


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I have not done so no, I have a single page "judgment for claimant" that shows the amount I am alleged to owe, with little detail on it other than my name.

 

Its rather ironic when I have called the courts and given the case number, and my name and address they immediately ask whats your previous address for security reasons.

 

Because they have an address on file (where the papers were served) which has absolutely nothing to do with me! I have lived at the same address for 15 years, so someone has made a mistake!

I spoke to the trust registry who told me the address the papers were served to...

 

if I had not got the information from the trust, then I would fail the security check when dealing with the courts!

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urmm.. sounds like fraud or identity theft to me here too.


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well, I contacted the company who are a large bonafide organisation, no apologies, no explanation as to how a £48 bill has become £1300, just that they are seeking instruction from the claimant on my request to set aside the default.

 

I have heard nothing for two days, and I submitted the n244 as advised by solicitor regardless, but I offered them the opportunity to consent.

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Well name names


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Well name names

 

I thought I did. It's shakespeare martinue and national express.

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