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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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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

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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.

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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

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how olds this CCJ?


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

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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.


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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

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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


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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

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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

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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:

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paying or not its still goes on its 6th birthday

pers i'd go have a holiday!!


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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 ?

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

cause sure as eggs is eggs

it'll be there soon...


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Does that mean they have the athoutity to link it ?

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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!!


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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

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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


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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

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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.


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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

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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?


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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

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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.....


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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

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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

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