Do I have to make payments on a voluntary charge - HFC cc debt

[AndyOrch]

OK - so I do not need to pay anything back as per their demands. No

Should I write them a statute barred notice if they start to demand it or perhaps threaten me with court? No dont prod the bear ignore them

Presumably they can't take me to court now or force the sale if the debt is statute barred?  Correct...but let see what transpires

 

Andy

[blue_eyes777]

OK - do I need to worry if they threaten court if I don;'t pay anything?

So following my offer of £20, I will just now ignore any future communication. Is that a wise idea? 

[dx100uk]

yep

 

dx

 

[AndyOrch]

1 hour ago, blue_eyes777 said:

OK - do I need to worry if they threaten court if I don;'t pay anything?

So following my offer of £20, I will just now ignore any future communication. Is that a wise idea? 

 

Do you wish to make payments against a debt thats statue barred ...?  Your choice

 

Say for arguments sake they wish to force sale.....in their application they have to detail the debt and details of the charge.They cant rely on the normal reason......defendant didnt pay the judgment...there is no judgment....defendant wont pay the debt.....debt is statute barred.

 

See where this is going.?

[blue_eyes777]

2 minutes ago, Andyorch said:

 

Do you wish to make payments against a debt thats statue barred ...?  Your choice

 

Say for arguments sake they wish to force sale.....in their application they have to detail the debt and details of the charge.They cant rely on the normal reason......defendant didnt pay the judgment...there is no judgment....defendant wont pay the debt.....debt is statute barred.

 

See where this is going.?

 

Yes I do. Sorry. I must sound paranoid.

[blue_eyes777]

Thanks to the pair of you for all of your advice.

[AndyOrch]

Lets wait and see if they do make any further threats and if so what they are.Its no use worrying about matters that are yet to unfold.

[blue_eyes777]

Maybe it's because I don't actually have confirmation that the judgement was set aside - only the PROMISE that it was going to be. I actually wrote to Weightmans and asked for that confirmation a couple of days ago. I thought it was safe to do that.

[AndyOrch]

Then why not contact Registry Trust and ask if a judgment was ever placed/removed ?  Then we know for definite and can advise accordingly.

[blue_eyes777]

I shall do so - I didn't know about that route.

[AndyOrch]

https://www.trustonline.org.uk/

[blue_eyes777]

Wow, thanks. Presumably this will show ANY that were ever recorded.

It would be interesting if Weightmans lied...

[AndyOrch]

Well yes and no...if its over 6 years it will have fell off...but you can ring and ask for history.

[blue_eyes777]

Ah OK - so I won't pay any money now as it was from 2007.

[AndyOrch]

But only if Trust confirm that it was set a side. 

[blue_eyes777]

I meant money to trust online as it won't show anything.  

 

And if Weightmans lied and didn't do it, it's too late to sue them! 

[AndyOrch]

Check the set a side first then we can see the legal position

[blue_eyes777]

I have just called the trust and they told me that there no records over 6 years old available and that nobody, neither creditor, debtor would be able to find out this information.

I emailed Weightmans on Friday to ask them to confirm the CCJ being set aside and hope that I will get a response otherwise I will never know.

 

Is there anything else I can do to find out for sure?

[AndyOrch]

I suppose you could check with MCOL Northampton if you still have the claim number..long shot but worth a call?

 

I dont doubt that it was set a side and cant see the claimant not fulfilling the agreement you made.

[blue_eyes777]

I have the claim number and I cam calling MCOL now...

[blue_eyes777]

I just spoke to an advisor with my claim number and he said that there is no record showing and that there wouldn't be anywhere as  years have elapsed.

 

With this being the case, would this mean my case must be statute barred as no enforcement action has been taken through the courts since 2007 and no acknowledgement of the debt being made between 2011 - 2017 (provable with my DSAR).

 

Possessing the evidence that Weightmans have told me that they will set the judgement aside - and no evidence of this seems to exist one way or the either, I can prove that there WAS a judgement, that  was supposed to be set aside and no enforcement action has been taken.

 

As MC would not be able to root out any evidence either, if it came to court, my documents from a firm of solicitors would surely prove on a balance of probabilities that it would have been set aside, the clock started ticking then and now it will be SB. After all, surely Weightmans would have threatened me with something if they had a CCJ and I was ignoring them?

 

Shall I continue to sit tight then and ignore...?

 

 

[dx100uk]

whilst you have been blindly paying it weightmans wouldnt give a flying ...

and there appears little they can enforce now.

 

 

[blue_eyes777]

Except I haven't paid anything since 2007!

[dx100uk]

ah sorry ..my mind is playing tricks..i didn't read back..

 

no payments..good then..

[AndyOrch]

" surely Weightmans would have threatened me with something if they had a CCJ and I was ignoring them?  "

 

Not necessarily as they had the VC to secure the debt...so no need to chase you for payment.Anyway given that nobody has any records now its really irrelevant because you have the document stating they would set a side if you agreed to a VC...which you did.