Resolvecall - 5.5yr unpaid CCJ

[SingleDad14]

Hello everyone,

 

Ready for a sob story?

 

I fell on hard times years ago after working for a bank (sorry).

whilst there I saw/read the terrible things they get up to and do to people regarding insurance/mortgages etc. 
Seeing these things (and comprehending how they make money out of thin air)  made it easier for me to default on a staff loan I had with them when my relationship fell apart and I had to leave the family home and my 18mnth old daughter. I was heartbroken and depressed at the time and not prioritising my finances but instead, trying (legally) to take care of the welfare of my child.

I got a ccj for the defaulted loan in December 2015. I had moved and never knew until much later. The original loan was 17k which paid off a previous loan (and debts for the ex)

I kept up payments for a while.

The ccj is for circa 12k.

 

I’m glad to say that after three attempts to get my daughter to safety, I was awarded custody a few years ago. Sadly my ex drank herself to death early April this year.

 

I currently only work part time on £800 pm due to a collapsed lung which needs surgery. This has been cancelled three times due to Covid.

 

I know I’ve ignored things but Resolvecall have finally caught up with me on the doorstep. I wasn’t in but they left a handwritten card.
 

I am not fussed about my credit history as I don’t ever want credit again/will never afford a mortgage and have a pay as you go phone. 

 

My old car is the only thing of value (£1800?). We have very basic stuff otherwise. I do have about £1200 saved for emergencies and a family member has offered to make that up to £2000 to potentially offer them a settlement.
 

What I am fussed about is keeping our heads above water and I have to be honest..if I can get away with not paying them I will. I know some of you won’t like that.

So that’s why I’m here I guess - to see if I can keep the wolf from the door. 
 

I appreciate that I may get savaged for my attitude but like many others, things are tough right now. 
 

I would appreciate your help please no matter how hard it is to hear.

 

Thanks 

 

 

[BankFodder]

It's a very difficult story.

I expect that my site team colleague @dx100uk will be along shortly and you will find yourself in good hands.

In the meantime, fill this out <<<<

 

Also, here's some reading

 

https://www.consumeractiongroup.co.uk/search/?&q=Resolvecall &search_and_or=or&sortby=relevancy

 

[dx100uk]

resolve call like any DCA are not bailiffs and have absolutely zero legal powers on any debt, no matter it's type nor the fact it's subject to a CCJ.

 

if they appear, film them with your phone.

do not engage them at all

state leave my property and never return else you'll call the police on 101.

 

now the CCJ is within 6yrs so the info of who the claimant is should be on your credit file.

who took you to court?

and who is the owner of the debt now..?

[SingleDad14]

Thanks Both.

 

I’m about to try filling out the questionnaire although I don’t have all the answers.

 

I will film them and calmly state exactly that - thanks

 

I only have ClearScore (equifax linked I think) 

LloydsTsb took me to court.

I don’t have any info on ClearScore that shows the owner now - I guessed it was RC as they are chasing it although that can’t obviously be confirmed and there was another company (Cabot) who sent me one letter a year back.

 

I did enter into a payment plan with BLS collections when it first defaulted but for some reason they kept bouncing my payments back. I actually allowed this to happen as it all went quiet for a while whilst this went on abs the ccj occurred during this time 

 

 

 

Name of the Claimant ? LloydsTsb

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/12/2015 is all that I have from ClearScore - it’s says ‘Discharged’

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

Defaulted Personal Loan

 

What is the total value of the claim? £12499
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

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? Yes - personal loan
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Branch 
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? ClearScore and ccj register through TrustOnline
 

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. Original creditor afaik
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? Yes
 

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? Unemployment 
 

What was the date of your last payment? I don’t remember 
 

Was there a dispute with the original creditor that remains unresolved? Not to do with the loan 
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
 

[dx100uk]

RC don't buy debts only chase fortheir clients

 

now i will guess you have moved and never updated anyone regarding this since the CCJ?

 

[SingleDad14]

That’s correct 

 

Am reading up as much as I can btw. 
starting to build a picture

 

I understand I should have informed creditor of my new addresses which may have prevented the ‘backdoor’? Ccj?

 

Am I correct about the date of my last payment being important for SB and not the ccj?

If so, I will investigate but I’m fairly confident any last payment (other than the £2 p/m BLS payments I made straight into their bank account which were always bounced back a couple of days later) 

would have been quite some time before the ccj date of 29/12/15.

 

 

[dx100uk]

i would simple write with ref to their ref number to cabot a 2 line letter

please note my correct and current address as above.

 

nothing more 

 

ball is then their court.

the 'discharged' against the CCJ interests me.

 

what does trustonline.org say if you search the address you were living at when the CCJ was attained 

[SingleDad14]

Thanks for getting back dx.

I was initially surprised by your reply as it seemed counter intuitive but I won’t question your advice - reading up on Bankfodders advice shows you have clearly been doing this a while and helped many people.

 

I just need to put my hands on the Cabot letter this morning as well as trying to uncover my last payment and as you may have guessed, admin is not my strong point.

 

However, would you kindly just expand on ‘ball in their court’ please?

 

I googled discharged and got very little but on closer examination of ClearScore, this is written in bold and almost like a header. It’s as if it lacks an entry below it like ‘yes’ or perhaps a date.

TrustOnline shows very little:

 

unsatisfied record

case number

amount

Name/address/dob

court name and tel number

date of judgement 

 

Ok I said I wouldn’t question your advice but I have to ask..

 

By contacting Cabot and confirming my address which they obviously already have, am I in anyway resetting the clock on SB limitation by acknowledging the debt? 
 

And I understand the reason for updating address when moving to help protect people from getting a backdoor ccj but it’s already a backdoor ccj no?

Edited May 21, 2021 by SingleDad14
Additional text

[AndyOrch]

You have 7 more months until this judgment reaches 6 years without payment.....Lloyds/TSC assigned the judgment debt to Cabot...hence the note on your credit file " discharged" however it is still owing and therefore as it approaches its 6th Anniversary Cabot have called in the cavalry " Resolve " to give it one final push to get you to make a payment. 

 

" An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought." 

 

Informing Cabot of a change of address is pointless if they have already written to you at your current address...and no informing a change of address does not acknowledge the debt.

 

Sit tight....ignore Resolve ...7 months and counting.

 

Andy

 

 

[SingleDad14]

Ok I said I wouldn’t question your advice but I have to ask..

 

By contacting Cabot and confirming my address which they obviously already have, am I in anyway acknowledging the debt? 
 

And I understand the reason for updating address when moving to help protect people from getting a backdoor ccj but it’s already a backdoor ccj no?

 

(sorry for the double post)

Thank you, Andy

 

I was confused about SB being applied to a last payment/acknowledging the debt and now understand that this does not apply to a ccj. It’s the date of the judgement itself that starts the clock.

You have saved me from looking for the last payment I made (which I think was circa 2014)

 

Thank you also for the explanation of discharged.

 

I know I took the money. I don’t like owing anything to anyone. But I am a different man to the person I was back in 2012. Even back then though I witnessed good ordinary people be refused insurance claims on technicalities, clever word play and changing limitations/policy conditions mid year/renewals knowing that many would not read through the documents properly.

 

I saw evidence of support being deliberately withheld from those in mortgage/business loans arrears and also the disgusting abbreviations used in internal emails to trick, lie and deceive consumer's into having to surrender their homes/business’s. I know the suffering this would have caused these folks and their families.

If any of you reading this are aware of these things, you will also be aware that this is the tip of the iceberg when it comes to the theft and skullduggery of the banks and central banks and the misery (and death) they cause worldwide. The rest of us would surely be thrown in jail if we tried any of this ****

I won’t lose sleep over owing this money to THEM.

 

Thanks again. I’ll sit tight.

I really do appreciate the time you guys spend helping others on here. It has uplifted me this week to have you here and helped to mitigate all the worry and stress at a time when I should be focused on my daughters grieving process. So for that I am more grateful to you lot than you will ever know

[Homer67]

Theer's no point in contacting ResolveCall to advise of a change of address if they are already writing to you and have visited you at your current address.

 

DX has said, do nothing, in this case do nothing is the best advice.

 

You are waiting for the clock to run out, another 7 months.

 

Personally I would not answer the door to ResolveCall if they come calling in case you get flustred and say something to hurt your case, just ignore them and remember they are not bailffs, they cannot make peaceable entry or forced entry and cannot levy on your car.

[SingleDad14]

Thanks Homer.
I appreciate you taking the time to give me your advice.

 

The car thing is a relief as it’s our lifeline here.

Edited May 21, 2021 by SingleDad14

[dx100uk]

car or not there is NOTHING a DCA can do. no powers whatsoever..thought i'd already said that....

[SingleDad14]

Yes dx you did and I understood you at the time. I was immediately relieved about our car when you explained that.

 

I was simply thanking Homer for reiterating 

Edited May 21, 2021 by SingleDad14
Spelling

[AndyOrch]

But in this case your dealing with Cabot not Resolve...they are a DCA that do have legal powers...they have CCJ against you and should they desire they could execute the judgment within the next 7 months.

 

Execution of a CCJ can be one or more of the following...

 

Charging Order placed on your property to secure the judgment.

Court Bailiff's to issue a Warrant of Control to seize goods.

Third Party Debt Order to freeze your bank accounts.

Or possibly Bankruptcy given the debt is over 7K 

 

So depending on which DCAs your dealing with...some do have legal powers...especially if they already have a Judgment against you.

 

 

 

.

 

[SingleDad14]

Right...

 

Back to stress city then 

[AndyOrch]

Not necessarily.....look if they intended executing the judgment they could of done it by now not passed it to a two bit door knocker to harass you...until/if you recieve notification from a County Court that the judgment claimant has made an application to do whatever...you sit tight..ignore Resolve...bide your time.

 

The other alternative if you cant sit tight and bide is to make your own application using an N245 and offer a monthly payment with the court stamp and approval...I personally would wait nearer to Jan 2022 though before considering that move.