how do we prove we paid-or is it up to them to prove we owe it?

car01e

hi there,

im hoping one of you knowledgable lot will be able to advise me.

about 5+ years ago, hubby and i were in financial difficulty. having read a lot on here we decided to opt for payplan. all our creditors agreed to this except one, who took us to court and got an attachment of earning on hubbys wages of £100 per month.

this was taken out without fail every month.

forward to the last few weeks. we recieved a letter from 'clarity' claiming hubby owed around £4000 on an old barclaycard debt. we spoke to these people and told them it was being paid out of his wages and had been for years.

phone calls went back and forwards for a few months and we gave them the few details we had of who the payment was being paid to. clarity eventually said they were referring it back to barclaycard.

tonight we got a phone from CCS a very snotty prat on the phone saying unless we paid £4000 we were going to be taken to court and would be 'seriously affected'

he insisted we tell him the date it went to court. now, maybe its our fault but after all this time, everything had been going along smoothly and weve also moved house. we cant find any paperwork, the only details we have are a po box where the payments were going to.

we are sure that its the same debt as everything was sorted out when we started with payplan.

i feel sick and so stressed its like going back to the beginning of the nightmare again.

also, why has it taken first clarity then ccs all these years before they decided we hadnt paid? we were living at the same address until june this year?

hubby has spoken to the person who deals with the wages at work and she has confirmed its being paid every month. she gave some details...case no BM******** and an address 'the manager, caps, po box 404 northampton.

we have just checked our credit files with experian online and both his and mine are showing everything in green and satisfactory. surely something would be amiss on there?


sorry i seem to have gone on quite a bit, didnt mean it to be so long.

thanx for reading
car01ex

HHH_2

just bumping this up for the clever morning people to see.

GeorgeUK

Hi Car01e

The court has ruled that you make payments, taken from your husbands salary, to clear the debt. The court has specified the amount that is to be taken and they are the only onees that can alter that amount. If you wished, you could make additional payments to pay the debt off quicker, but they cannot force you to do so. You are complying with the court - they are stamping their feet and screaming because they aren't getting their own way. There is no way they could take you to court for non payment. It may be possible that they try to get a redetermination to try to increase the amount being taken, but it seems that they really don't have a clue what has gone on in the past with this debt or what they should be doing.

If you are concerned about it and want to get the information for your own peace of mind, it may be an idea to contact the court that awarded the AOE and see if they can provide the details and case number. I'm sure they will have a database with the details recorded on it somewhere that they can search for you.

If they call again, refuse to confirm any security questions they may ask and tell them that all communication must be in writing only.

Try not to get stressed about it - you have kept up your end of the agreement and are making the payments. You have done nothing wrong. It might be worth giving nationaldebtline a quick ring if you are unsure and they may be able to advise of how to get the case details and what information if any you need to give to these DCA's that are calling you.

rog2

George is quite correct and it would appear that 'clarity' are acting illegally in your case.

Whilst the onus of 'proof' is definitely on the creditor/dca, I think, in your case, it would be more than helpful to talk with Payplan, who, although this debt was not included in your DMP, will be able to advise.

The CCJ, that was issued, is just as binding on 'clarity' as it was on your husband. Provided that he completed all of the payments, as ordered by the Court, then I believe that clarity are acting illegally.

Your husband can go back to the Court and ask for a 'Certificate of Satisfaction', for which, unfortunately, there is a fee - I think £15 'ish'. Once armed with this 'Certificate' you/your husband can demand that any default on his credit file, relating to this particular CCJ, are marked as 'Satisfied'.

car01e

thank you for your replies. we will be contacting the court and asking for information they have.

we recieved yet another call from dca tonight and hubby told them that they must contact us in writing in future.

what we dont understand is...if this had been a debt we had overlooked when we set up with payplan..then why has it taken them all these years to come after us?

they claim they have written but they definately havent as we wouldnt ignore the letters.


will keep you informed,

thanks once again

car01ex