Help please!

PipKers

Hi, there has been some movement on my situation today.

I received in the post today a letter from the dca, dated 10th January (the date they phoned me) quoting my account number and a total of the debt they claimed is owing (£3500). I was expecting this as the dca said they would write to me with details. However, a second letter arrived from the same dca, with a different account number and reference, which simply said, the balance owing on your account is £6776! This was not mentioned during our telephone conversation on the 10th.The letter contained no other details at all and I have no knowledge of this debt either.

I have responded by issuing two separate letters sent recorded delivery (the hybrid versions stating I have no knowledge of these debts) which request that they provide me with

(1) proof of my liability regarding this debt.
and
(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

Now my only worry in respect of these debts is whether or not ccj's were lodged at the time, I genuinely don't know. I contacted a company today that a magistrate friend of mine put me on to and they advised me that nobody holds these records over 6 years so it is impossible to find out. I view this as a double edged sword however. On the negative side I do not know and cant find out, but on the positive side neither can the dca. I know for a fact that no ccj's have shown on my credit record since 2001 but I would like clarification on a couple of things if possible.

Most of my serious problems began in1998/1999 so I am unaware if any ccj's were lodged from then up until 2001. My concerns are if ccj's were lodged around this time is knowledge of these ccj's enough for the dca to apply for re-instatement or do they need certain documentation to do so e.g. copies of original credit agreements etc. I gather that when debts are sold on in bulk in most cases the dca's only receive details and not supporting documentation. I suppose what I am asking is what does a dca need to be in a position to re-instate an old ccj?

I understand that a dca is in a stronger position chasing a debt where a ccj has been lodged regardless of age, so would assume this would be their first tactic when contacting a debtor. My dca has not mentioned previous existence of ccj's yet but contact was only made 5 days ago.

Any help would be greatly appreciated thank you

Chesntoots

OMG I'm glad someone mentioned not signing these sorts of letter. I think I would have done it automatically!

Shows you how sneaky these people can be....

fermi

Well, a CCJ would seem unlikely, as most debt collectors would be quick to mention that a CCJ has been obtained, even if it is an old one. It enables then to be more threatening from the start.

Even if a CCJ did exist that was over 6 years old, then the DCA would need to seek permission from the court before they could take action to enforce it.

That is not the same as the debt being statute barred, but in many cases the result is much the same. The courts do not grant the permission easily, and would need a damn good reason why the debt hasn't been chased and enforcement requested before now. I honestly struggle to think of a case where a DCA has even requested it, let alone been granted it.

See what they come back with. In the unlikely event they claim a CCJ, then they would need to provide documents to prove it.

fermi

Plus, as you say you didn't take out this debt, then.....

- If due to ID fraud, then you could challenge any CCJ and apply to have it set aside/removed.

or

- If not even your debt, then the CCJ would not be against you or would be made against you in error. Either not your problem, or yet again grounds to have set aside.

PipKers

Thank you again fermi for your rapid response.

It's the only thing thats niggling me now, I went to hell and back between 1999 and 2007 when I believed i'd paid my last creditor back so i'm worried sick over this now.

So is a dca able to apply to the court without my knowledge or defence where an old ccj existed and then able to get it enforced? Am I right in assuming it doesn't have to be the original creditor applying to the court and that a dca is able to do so if the debt has been assigned to them?

Thank you again for your advice, i'm so grateful

PipKers

Chesntoots wrote: »

OMG I'm glad someone mentioned not signing these sorts of letter. I think I would have done it automatically!

Shows you how sneaky these people can be....

Me too! It pays to spend a fair bit of time reading the brilliant advice on offer here before acting. I'm so glad I came across this forum

PipKers

Final update on my case today.

Received two letters from GDR Ltd both of which simply stated "having completed a review of the above we have closed our file". It therefore appears that they have admitted defeat at the first hurdle.

Can't tell you how relieved I am and would like to say a very big thank you to Fermi for your time and help. I shall endeavour to help others in a similar position wherever I can

Cheers all :beer:

fermi

Great news. Glad to help.

Watch out however, as occasionally these things get sold on to another collector who starts it all again. Hopefully won't happen though, and if it does the same advice applies.