Old Debt & CCJ Help

jackjones01

I was wondering if anyone could help me.

I was issued with a CCJ back in 2004 for a debt of approx £1000.00.

I have never paid the debt and recently I have been contacted by Legal Recoveries regarding the same debt, which has now increased to £1800.00

I have sent the prove it letter to them on 10/02/2011. Which they received but I’ve not heard from them since. I have contacted them twice since February but they are still unable to send me any information. Should I presume they are unable to prove the debt?

My only main issue is they have slapped me with a CCJ but they so far have not been able to prove I owe the debt.

What avenue should I explore next?

Many thanks

Jack

chanz4

ccj can only be overturned in a very short period, you need to act fast

Tixy

If the CCJ was in 2004 then its more than 6years old. If you never paid anything towards it then the creditor would have to go back to the court again to get permission to take any further action for this debt (aside from just asking you to pay).

If they don't come back to you then I would just leave things for now.

jackjones01

Correction sorry the CCJ was issued in 2006 ive just rechecked.

chanz4

in that case cca wont work, time to pay them

fermi

What "prove it" letter did you send?

jackjones01

chanz4 wrote: »

in that case cca wont work, time to pay them

They need to be able to prove to me they owe the debt and from they are telling me they are unable to do so

fermi

Tixy wrote: »

If they don't come back to you then I would just leave things for now.

Agreed. Ball in their court.

jackjones01

fermi wrote: »

What "prove it" letter did you send?

Just the general:


Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

fermi

jackjones01 wrote: »

Just the general:

Good.

Just wanted to check whether it was a CCA request.

Once a CCJ has been made, then there is no obligation for a creditor to comply with one of those..

What you sent is fine though.