Jump to content


  • Tweets

  • Posts

    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 899 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all,

 

I have just returned to UK after living abroad for approx 4 and half years.

At the time when I was moving out from UK I had few credit card and mobile contract debts not exceeding 4k

 

Now returning to UK,

I didn't want to be linked to my old credit file as it has a ccj and the defaults.

 

 

I don't mind paying it but since I now work in finance sector I would lose my job straight away.

So the best way I thought was to keep my head down and let all those debts go statute barred.

 

I have opened the new bank account here on the new address as I was living abroad for a long time.

My new credit file assumingly should not have been linked to my old address.

As I did not mention it to my bank or utilities companies as it was more than 3 years ago.

 

Now out of the blue I have received a letter from Robinsons way trying to confirm my previous address. The letter is vague and not giving away much.

 

 

I have no idea how did they come across my new address.

Only thing I could think of is updating the address on my driving license.

 

Questions

1 - are they just phissing or do they for sure know its me

2- am I currect in assuming my credit file has no links with old address if I havnt mentioned it to financial institutions

 

3- if they don't know for sure its me am I correct in ignoring them ?

The old debts would be statute barred in an year and a half

 

Thank you

Share this post


Link to post
Share on other sites
Guest Mrs Hobbit

Your name, date of birth and place of birth, even parents names on any application will link straight away to your old credit file.

Share this post


Link to post
Share on other sites

also, you can ignore robbers way. It's an automatic phishing letter. No human input was used to make it,


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

Share this post


Link to post
Share on other sites

how olds this CCJ?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Defaults are all from July 2012, ccj although shows a date of July 2013

Share this post


Link to post
Share on other sites

so will be there for 6yrs regardless to if paid or not

then the CCJ drops off

 

the same goes for defaults, though when a default reaches its 6th birthday the whole account vanishes.

 

doesnt mean if either happen that the debt nor the CCJ are not still owed mind.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Yea I understand it will be off the file but I could be chased for the ccj and not a statute bared debt.

 

 

I just don't want a link to my old credit file as it would risk my job and whole career for a mistake i made when I was too naive

Share this post


Link to post
Share on other sites

nothing you can do sadly

 

 

theres no way running away and hoping by hiding it wont get linked to who and where you are now.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Theres no old credit file. Its the same one, and regardless of owner, they have a legal obligation to update it and keep a truthful and accurate record.


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

Share this post


Link to post
Share on other sites

Well I think I will pay the ccj but

1 - Can I pay the ccj via third party? Without showing my address to the creditor ?

 

2- if I pay the CCJ now will it reset the clock? Knowing it will come off my file in 2 years. Will it stay again as satisfied for next 6 years ?

 

Thanks

Share this post


Link to post
Share on other sites

show satisfied until the 6 year point any point in paying as it will not be removed ???? sure others will comment or just stay low for 2 years without russling DCA to find you they will if they want to, thru CRAs bank account or entries by financial organisations anybody with your name a potential target!


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

paying or not its still goes on its 6th birthday

pers i'd go have a holiday!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I have received the letter from Robinsons way.

 

I havnt opened it but reading all the posts it seems about details of the debt.

 

Should I return it to sender ?

 

Or shud I open it and send a prove it letter ?

 

Its so old that I am sure they wouldn't be having any paperwork to it

 

Also if I may add,

since I have come back after 5 years,

the bank account I opened is a cash card one (basic) and have council tax under my name.

 

 

I am sure its not my credit file where they got my address from,

if that's the case could they be sure its definitely me ?

And do they have the athoutrity to link my new address with old one on credit file ?

Share this post


Link to post
Share on other sites

so how likely are your employers going to see your credit file?

cause sure as eggs is eggs

it'll be there soon...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Does that mean they have the athoutity to link it ?

Share this post


Link to post
Share on other sites

who are 'they'

 

 

you seem to be misunderstanding how credit files work

they and their CCJ's are nothing to do with it being registered at an address.

its registered to a person...you!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Well I think it is complicated for me.

I thought if I have this new address and no credit,

it will be hard for the CRA to link my identity to old address.

 

But u are suggesting it's very easy for them.

I havnt checked my credit file since coming back as I thought it would give CRA my new address

 

I think I am going to wait a few weeks and then send Robinsons way a prove it letter.

This would buy me time for the default to get SB as I know they wouldn't have the required paperwork

 

who are 'they'

 

their CCJ's are nothing to do with it being registered at an address.

its registered to a person...you!!

 

Well if I go trust online website now and give me name dob and the new address I dont see a ccj,

only time I see it when I give the old address.

 

Reason I would see on my credit file is if CRA link my new address with old one, so I guess it has to do something with Ur address and not just you

Share this post


Link to post
Share on other sites

the CCJ is against YOU

TOL wont show it against your new address as its nowt to do with an address.

 

 

you've open a bank account & pay CTAX so that info is already against your credit file..

and how can you say its not there when you've never looked at your credit file??

so neither can your employers have...

 

 

sending stupid letters is not going to help either.

the CCJ trumps the need for them to hold any enforceable paperwork.

 

 

were you resident overseas when the CCJ was granted and can prove it?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Yes I was resident abroad.

I had taken up employment.

So there is plenty of proof about it.

 

As for the letters,

I am not referring to CCJ.

I am referring to the rest of defaults which probably Robinsons way is chasing.

 

 

Why should I give them the money without a fight for a debt they bought for only a couple of quids.

So that's why I would keep writing them letters until they prove it they have the original contract etc

 

If they have linked my old file to the new then I would rather go down fighting as I have nothing to lose if my CF shows the ccj

Share this post


Link to post
Share on other sites

then you risk more CCJ's via the backdoor because your creditors

[the owners of the debts listed on your credit file [be that the old or the new 'address' one, be them linked yet or not.]

 

 

writing silly prove it letters is not the way to go.

 

 

so what are the debt types and the defaulted dates.??

 

 

sorry but hiding is not the answer here.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I was just too naive back then.

It was two credit cards and mobile phone contract and bank overdraft.

All this not exceeding 5k with individual value less than 2k

 

Defaults are all related to august 2012 that's when I moved abroad.

 

 

Ccj although was registered August 2013

Share this post


Link to post
Share on other sites

you cant CCA the phone nor the OD account.

but as the OD is most prob penalties

and the Mobile most probably sums to full term of contract

both of which can now be challenged

theres routes to question those too.

 

 

all of these are owned by DCA's now?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Challenge ? Resulting in what ? I am not sure who owns the debts now. As Robinsons way is the only letter I have received so far. I am just dreading checking my CF as I still think what if Robinsons way are just phissing

Share this post


Link to post
Share on other sites

well you wont be able to challenge that a balance is not all or not even due if you don't even know you've got another ccj by the backdoor until its too late and bailiffs are possibly at you door.

 

 

as I said earlier, sure as eggs is eggs, your other debt are now in the hands of DCA's.

the phishing trips have already started now you are re resident in the UK,

and they wont bat an eye at going for CCJ's as they can see a very easy win.

 

 

so before you know it, they'll be more that one CCJ that hits the fan and if your employers do ever check your credit file, that'll be an even worse situation than if you were to address the present CCJ now.

 

 

but you need to do your homework first.

 

 

its not impossible to have that old CCJ set aside it's been known, esp as you were, and can prove it, resident abroad.

however, you'd still need a defence for whatever debt the CCJ is about.

so a copy of the CCJ is needed you can get that from northants bulk court.

 

 

IMHO the defaults are the least of your worries, they don't effect employment, but multiple CCJ's do.

 

 

your call, keep head in sand praying that nothing happens until 2019 when the CCJ reaches 6yrs and makes it more difficult for the claimant to enforce it

or hit the whole lot head on guns blazing.

 

 

but you've gotta get your ducks inline first else they wont be easy targets.....


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Right so what that means is

I pay the ccj already on my file and just wait for all DCAs to contact me and pay them as they do.

 

Well if this is the only way out then I will but as I said I will at least want some proof from them that they now actually own the debt

 

So I guess for all defaults CCA is my best bet

 

Just one more thing

- the defaults which are going to go off file in a year time.

Of I let's say reach a settlement with them and pay it.

Wud it still go off the file in an years time or is it going to stay for another six year from the date of settlement/payment

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...