Very new: and need advice

eppahunton

Hi to yo all.

Earlier I PM'd Rog2 with an outline of my problem. I can now, however, open this up for public considerstion.
Firstly, I am a 70 year old with chronic heart failure. In 1993, a CCJ was taken out against me for the sum of - circa £6000. I admitted the Court's findings. Interestingly, the Judge ordered that I pay £10 per month. The opposing Solicitor was horrified and told the Judge that the debt would never be paid and asked for costs - the Judge declined.

So I started to pay the £10. Shortlly after this my heart problems started and I never worked again.

The debt was moved on from DCA to another and I began to be harrassesd for payment. Recently, however, I received a claim for a debt from Response Credit Management for £301.33 - the originator being Gothia. I phoned Gothis and requested details of the debt.

I lost my temper with the Field Agent and subsequently experienced a mild heart attack.

I filed a complaint with Gothia stating harassment and fabrication which was supported by a letter from my GP. I also sent them transcripts of the phone conversations that had been recorded.

This is my problem! Gothia have recalled the debt of £301.33 from Response Credit Mangaement and this company have informed me that my £1 postal order will be returned. Gothia are now in the process of an internal review of their procedures.

I have had chance to view the CCJ and consider it in detail. The initial debt was for about £6000 and today I owe about £4000. About 6 months prior to the County Court appearance, AFS the original loan people informed me that I should auction the car and send them the proceeds - which I did. The car realised £2750. However, on the accounts there is not any record of this transaction - thus my total debt should be £4000 less the £2750 from the auction.

I have informed Gothia that their accounting is wrong: but I did not tell the by how much. Gothia are now telling me that they cannot comment until their investigation is complete which could take as long as 3 months.

I think they are playing for time and my inclination is to strike while the iron's hot! Do you agree: and what could I do?

Eppa

BeautyandtheBeast_3

No idea but thought i would bump the thread so others cna help you xx

gfplux

Hello eppa,

Sorry can not advise you what to do, why not talk to the Citizens Advise people.

I assume you have clear proof you paid them the £2750

Good Luck

Fire_Fox

Bump bump bump!

BeautyandtheBeast_3

Bumpety Bump ^^^

Fire_Fox

Is nobody able to advise Eppahunton?

BeautyandtheBeast_3

bump bump bump ^^^^

tallyhoh

Is the CCJ still valid? When I worked in rent recovery we had to take CCJ's back to court after 6 years.
Does the current DCA hold the correct paperwork for recovering the debt?

sharpy2010

Hi Eppa,

Wow thats a very well written first post! I don't have sufficient knowledge to help you I am afraid, but good luck!!

eppahunton

Hi all,
Since I last posted my message a lot has happened to me.

I will recapitulate. In 1993, the Court handed down a Judgement for £433. I never saw that Judgement until recently. However, I was ordered to pay at £10 per month.
At that time, I was going through a divorce, I had lost my job as a teacher, i was behind with the mortgage - and my heart began to tell me about life!
Fast forward to 2006. Had heart surgery and told that it was not successful. I did not want to die in debt and so, I sent the debt collection agency a Subject Access Request.

In response to what I saw in the subject access request shocked me. I phoned the debt collection agency to be abused, threatened and told to pay up. I lost my temper and ended up in hospital with another heart attack.

In the Subject Access Request was one Judgement which I had been paying £10 per month. But these heathens had provided me with two more agreements that I was unaware of.

Instead of using my £10 per month to pay the CCJ, they decided to use this money and clear a debt that I knew nothing about. Consequently, the CCJ did not get paid. In 2009, this debt collection agency asked another dca to chase me for the original debt.

It was then I sent the subject Access request. I have been paying £10 per month from 1993 to present day. This DCA have not got the two CCJ that they claimed to have.

I am speaking to their solicitor and he is making mincemeat of me.

I have demanded that the solicitor show me hard copies of the two Judgements. I have been waiting for some 10 days and he cannot produce them.

So, how do I feel? My heart cannot stand much more of this. I am about to enter litigation against these people - and I feel so very much alone.

I have been paying £10 per month for a debt in 1993 that should have cleared in 1995 - and I have continued to pay to day.

As I key this into my keyboard, I do have tears in my eyes: frustration, hopelessness, deserted - and I do not want to die in debt.

There is not much left in the tank to carry on the fight,

The Debt Collector will always win.

I am so sorry, people.

Eppa

thefoolonthehill

Hi

Cant really offer any advise.

Please dont speak to them over the phone. Make sure all your correspondance is in writing. Not sure if this is applicable but can you request the CCA? I am guessing that if the solicitor cannot produce the CCJ and you have no memory of ever being issued with a CCJ then there will be no CCJ. If they call you advise them you will not speak over the phone and hang up, then every other time they call back refuse to answer the security questions. They are then not allowed to speak to you over the phone. if they continue to harrass over the phone - report them (sorry not sure where the link to this letter is)

I would be inclined to stop paying the 10 pounds. but not sure everyone will agree with me.

Your health is far more important than a debt. I know its easier said than done but try not to worry about debt too much. At the end of the day what is the worst they can do to you? I also think if they went back to court a judge would have a very dim view of their actions. Not sure telling you to auction your car is appropriate and the subsequant result on your health.

keep your chin up and dont let the b*******s grind you down