Jump to content


old CCJ Approaching 6yrs - claimant Spreadex sent email stating 'will issue court proceedings' - in 14 days .


Recommended Posts

Hi everyone,

 

Hoping someone can help with what feels like a very complicated case.

 

I had a CCJ issued against me in July 2015. I didn't pay anything for it as I was suffering bad mental health issues, made myself homeless, been on ESA (and now universal credit version) since then.

 

With just under 4 weeks until 6 years, I have received an email from the creditor stating: If payment of the sum of 2,xxx.xx is not received within 14 days from the date of this email we will issue Court proceedings against you for recovery of the outstanding monies without further reference to yourself. Interest is now being charged and any further costs incurred as a result of legal proceedings will be charged to your account.

 

This has come as an unpleasant surprise to me as given it was a CCJ i would have thought enforcement action was their next step (if any). Having logged into the account following this email I see they have been adding interest every month to the original amount.

The debt is for a spread betting company and I am at a loss as to what to do. I can't afford to pay anything and I didn't even know a CCJ could be issued on a CCJ.

 

I am at a loss as to what to do, whether i should contact them (which I don't really want to do) or if I would have any grounds to challenge this.

 

Any advice would be appreciated.

 

Link to post
Share on other sites

Email being received suggests that they don't have your postal address.

 

I guess they could ask enforcement agents to try to trace you and attempt to enforce the debt.  But, if you don't have the means to enter into repayment, it would be pointless, as any costs they incurred, would take a very long time to be repaid.

 

Are you living at an address where you could be found using available records ?

 

Do you have other debts ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

it's an email, they have no idea if the address is even read, and you most certainly should not have logged in to i expect their website portal ? at lowells?

 

have you moved since they got the CCJ if it was even lowells that got it, which i doubt?

they would touch spread betting debts with a barge pole.

 

expand upon how you know this is a CCJ debt too please and is this on your credit file?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Posted (edited)

Hi thanks for responding. It is the actual original company who is contacting me. I did regret logging in as soon as I did it to check but clearly it's too late.

 

They do have my current address as I logged in when I moved into my current property to update it (again don't know if this was the right thing to do).

 

The CCJ is still on my credit file and due to drop off early next month so in the back of my mind I was expecting something from them, but not this.

 

I have also been receiving regular emails (fortnightly) stating my statement is ready to view which I have just been deleting without reading. This one was headed "Notice Before Action" which prompted me to open and read.

 

What has got me is this letter and balance suggests they will go for a CCJ on the original CCJ plus the interest they have been charging

 

As for other debts, yes, a few which have now dropped off my credit file (with credit Karma at least) I also have one CCJ and a default on there which was written off by the debt collector and i am currently on the electoral roll

Edited by WanTToMoveOn
Link to post
Share on other sites

sorry i got mixed up mentioning lowells ignore me

 

so its the OC that got the CCJ , was this by default and as you were living no where you obviously saw zero paperwork so had zero chance to reply to anything?

 

as you say they don't appear to know what they are doing  and most certainly cant issue a second court claim for the same debt.

 

unless you get something via royal mail, i would be ignoring them.

 

it OK you signed in and OK you updated your address, which you should do with all debt owners of debts you last paid or used that line of credit within say the last 7yrs.

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks DX,

 

I don't really remember too much about that period, just that I was in a very bad way. but i do remember conversing with them somehow informing them of what was happening (after the CCJ and probably by email), where they said something like they would leave me alone for 6 months or something. I heard nothing directly from them again.

 

I am a bit worried and have a feeling that rather than not knowing what they are doing that they are very clued up and there is probably something i am missing here in terms of what action they are taking.

 

I've seen a site which suggests they can add interest to a CCJ debt thats under £5k but have to send me notices etc every 6 months and other stuff, which they haven't (but surely wouldn't be hard to fake if true).

 

I was starting to feel more positive that this stuff was clearing, and was even preparing myself to let in the bailiffs so they could take what little goods i have but seems they are above this

Link to post
Share on other sites

god you NEVER let bailiff in and they would ONLY ever come from the court .

and the claimant HAS to return to county court and ASK the judge to enforce the CCJ 1st, and of which you would be notified 1st of them asking this.

 

don't get had over by reading some rather poor sites out there, all they want is money and or run by those that want to make money out of you .

 

the only way interest can be added to a CCJ is if the judgement specifically stated post judgemental interest allowed at the time

most default judgements do not allow that. 

 

pers as i said above ignore them.

 

if you wish you are more than welcome to copy and paste the said email here

just remove ANYTHING that they can use to ID you here like IS numbers/email AD's before you post it up.

leave all dates and figures please

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Our ref: xxxxxxx
 

 

Account: XXXXX

 

Dear XXXX XXXXX,

 

Further to our recent correspondence, we note that the amount of 2,XXX.XX is due and owing by you to xxxx in respect of the negative balance on your account.

 

If payment of the sum of 2,xxx.xx is not received within 14 days from the date of this email we will issue Court proceedings against you for recovery of the outstanding monies without further reference to yourself. Interest is now being charged and any further costs incurred as a result of legal proceedings will be charged to your account.

 

To pay by credit or debit card simply phone this office on 123455 or visit our website and pay by depositing funds into your account. Alternatively, forward a cheque by return to our postal address; xxxxxxx

 

Or you can send monies directly to our bank account quoting your account number and name. Our bank account details are: sort code xx-xx-xx, account number 1234567.

 

Please disregard this email if you have already sent payment.

 

Yours sincerely,

 

 

I've actually been away from home for a while so its possible they have sent a letter too and thanks for the advice regarding bailiffs...i just wanted this all over with.

 

I wouldn't remember if the original judgment said they could add it but i wouldn't be surprised if it did or if they stated this in the original terms

Link to post
Share on other sites

if they knew they already had a CCJ they would not be sending that. 

 

have you contact with 'home' or is that a touchy question?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

not touchy, i live alone but have been staying with family, so i guess i should return soon.

 

Another side issue is at some point my mail was being delivered to a wrong place (only just received  a load of letters from october which someone posted to me. seems to be ok now, but always a chance this happens again.

 

If they don't "know" they have a CCJ then I don't know whats going on especially given the timing of this letter. I assume then they are likely to issue a claim

Link to post
Share on other sites

if the ccj was almost 6yrs ago, odds on your last payment was more than 6 yrs ago???, so .... is that true?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

well if they want to play games then so can you 

 

send them our statute barred letter via email from the debt collection section of our library.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • dx100uk changed the title to old CCJ Approaching 6yrs - claimant sent email stating 'will issue court proceedings' - in 14 days .

I feel a bit nervous about doing this. Could it provoke them into doing something? like issuing a claim on the interest? Is it possible that something has gone wrong in their system and they don't actually have a record of the CCJ linked to this?

Link to post
Share on other sites

just type no need to keep hitting quote...

 

they can't issue a new claim for 'interest' you can't have 2 CCJ's for the same debt

 

all good if they have no record too

 

now either you act or ignore

cause the more you read whatever sites you keep getting these weird ideas from the more confused you'll get.

 

sending that letter can't hurt you

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

oh good you can pop home then...i didn't realise that was easy as 123.

 

good idea.

 

could be fun had here.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

What type of debt is this and who is the judgment claimant ? 

 

It is possible to issue a second claim if the the type of agreement allows for post judgment interest so you really should check/give details of the agreement type of debt etc.....by telling us us the creditor is we will know from past experience whether they are likely to take this further or in fact if this type of debt can incur PJI.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

12 hours ago, WanTToMoveOn said:

Having logged into the account following this email I see they have been adding interest every month to the original amount.

The debt is for a spread betting company and I am at a loss as to what to do.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Still a name would be helpful but its very unlikely this type of credit facility would allow for PJI

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • dx100uk changed the title to old CCJ Approaching 6yrs - claimant Spreadex sent email stating 'will issue court proceedings' - in 14 days .

can't hurt you.

 

lets see what game they want to play...

 

having read around about Spreadex Limited and their court claims of that time period, inc here on cag

there appears to be firm grounding that their operation was somewhat sceptical with regard to the legislation regarding how betting sites should have operated at that time.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

click letter of claim

and follow post 2

 

because the debt is statute barred

staple another copy of our SB letter to the filled PDF we give 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...