Advice Needed Please Help

[jess2609]

HI GUYS, really need some help with this one,

6-8 years ago i had terrible break up with my partner and basically he left me all the debt, i couldnt afford to repay it so many accounts went into default, and i got 2 ccj's, and loads of defaults, since then i had been making monthly payments to repay i have been paying for years, i got a copy of my credit file last year and all the defaults were still showing on there, but i got another copy yesturday and they seem to have dropped off, (bear in mind that i moved in jan2007) can you please advise if now that the defaults have come off my file can i stop paying, i pay about £120 per mth in total, but i need to know if these debts are still enforcable.

 

also i have been getting letters from blair oliver and scott for a few weeks they keep asking me to contact them, or they will start court action, im beginning to think that they only threaten this and are unable to take me to court otherwise they would just get on with it and summons me, instead of keep writing letters requesting contact.

 

please can you guys give me advise on this and where i stand regarding very old debt.

 

:o

[jess2609]

anyone pleaseeeee i will beg if i have to !!!

[powelll]

You are right in that lots of companies / debt collection sgenta will threaten county court action but not follow it up ( although lots do as well! ). You main query was about the defaults dropping of your cred ref file and the legal position on the debt.

 

Ok, here goes - your cred ref file is just a factual statement for the previous 6 years of how you have run credit accounts. Any missed or reduced payments or defaults will only show for a 6 year period ( so it's like a 'rolling' document ). Just because the defaults have been removed doesn't mean that the money is not still owed or that the original debt has been written off. So the debts are enforceable.

 

You could try going the route of sending CCA request letters to all of the creditors asking for a copy of the original signed agreement; if this cannot be supplied then effectively the debt is not enforceable.

 

Was this debt in your sole name or joint with your ex? Depending on the circumstances you could consider suing him via the county court for monies you feel he owes to you.

 

Hope this helps as a starting point!

[shieldblaster]

Hi jess

 

I think a little more info might be needed here.. who are you paying the money too? The fact that you have moved makes little difference to the defaults..they would still show up unless they have dropped off after the 6 year period that CRA's report defaults. Some of your debt might come under the Statute of Limitations which states that after 6 years without payment or acknowledgement of the debt then they cannot persue the debt, it still exists but they have no legal avenues to get it back

[lookinforinfo]

Jess, when ccjs and defaults are registered against your name, they will

appear on your credit file for 6 years. When the six years is up, the reference

to the default or ccj will disappear. That does not make the debt unenforceable. Indeed a ccj never expires until the debt is paid off.

What does make a debt unenforceable is where you have not paid off any money on a debt for six years, nor have you acknowledged the debt within that time [in writing] and there has been no ccj applied and any default has

expired.

Another way is where the original agreement for the loan is no longer available

or cannot be found, which is why I suggested sending them all CCA requests

If you look in the "sticky" section of the Genaral Debts section, you will see a thread at the bottom by Barracad that contains any number of template letters. The letter you want is letter N, which you should send to BOS by

recorder delivery, along with £1 postal order.

This will stop them in their tracks from completing any possible legal action,

since they are required to supply you with a copy of your original agreement

[i am assuming that they are chasing you for a loan of some kind that will be

covered by the Consumer Credit Act]. Until they do that, they cannot instigate any legal action.

 

While you are sending BOS a CCA request, send your other creditors the same letter along with £1 to each of them.

 

I don't know if you have read the FAQs on the first page of the forum yet,

but as you have paid for so long and the debts are reducing, it may be worth

it tofind out if the charges that would have been applied to the debts would

even in one case come to more that the debt now outstanding. If so, it would

be worth reclaiming the amount. But as Shieldblaster has already said, we do

not have enough of the details from you to be able to give more precise help.

 

Whatever else you do, do not contact BOS by any other means than by letter. Kepp everything in writing with them-though that does go for every

DCA you are dealing with.