Old Loan - Debt co wrote to me...

inmypocketnottheirs

Frugal wrote: »

Thank you everyone for your helpful replies.

How can I find out if there is a CCJ registered ?

and
Can they register a CCJ now, or is it too late ?

Many thanks I appreciate it

|Get a copy of your credit file from Experian and Equifax. This will show if you have a ccj or not.

They will not be able to now register a ccj as the debt is statute barred and a court will not enter a judgement. A ccj may have already been entered though and could have dropped off your file. If a ccj has been entered the company concerned could apply to have the judgement reinstated.

Take no notice of TRoll, he/she rarely makes a worthy contribution to someone in your circumstances as they work for a debt collecting agency.

Tootsie_Roll

inmypocketnottheirs wrote: »

|Take no notice of TRoll, he/she rarely makes a worthy contribution to someone in your circumstances as they work for a debt collecting agency.

Wrong again - bit of a habit for you isn't it ?

Posts like this just make me sick. Good luck to Frugal; he/she has got away with it but to make comments like the ones I highlighted just show their overall attitude. Go on please enlighten us why you do not feel you should pay this back due to circumstances we don't know about but it was OK for you to carry on taking out credit elsewhere - really I am more than prepared to make a full apology if your reasons are valid.

DavidHM

Tootsie Roll - is the Limitation Act 1980 not a valid enough reason?

Tootsie_Roll

DavidHM wrote: »

Tootsie Roll - is the Limitation Act 1980 not a valid enough reason?

As I state, they have got away with it thanks to the limitation act but you miss the point.

Me_Myself_2

TR as usual is a pain in the b.............

Keep your insults to yourself.

jamesd

Tootsie Roll, the original poster indicated that they had forgotten about the debt, hence a real-world, if unsatisfying to the creditor, reason why they would not have informed them. Clearly the OP has made substantial debt-related efforts in the last few years or those other borrowings wouldn't have been possible, so I suggest that we accept their statement that they have reasons for believing that repaying this debt would be inappropriate at their face value.


Frugal, it may be too late to not admit that you incurred the original debt but if you have not done so, don't accept that you owe it in any way. Don't make any offer to pay any part of the debt, not even the original amount, lest that restart the clock on your having to repay.

Since you have been in contact with them, I suggest that you inform them in writing that you regret that they didn't contact you earlier but that the debt is now statute-barred and due to its age you're not even sure that it is really a debt you owe. Invite them, if they disagree, to provide you with their proposed submission to the county court seeking payment of the debt, including their proof that it really was a debt you incurred and their reasons for believing that it is not time-barred by the Limitation Act.


shopaholic2, don't even think of using "gone away" responses for any debt that is on your credit file, since that is a state that is reported in credit checks and false gone away claims will obviously be very worrying for any potential lender, as well as being obviously bogus to anyone who checks your credit record later. Completely ignoring the letter is a better course, since it provides no feedback at all to confirm that you're there and might pay. If they honestly believe that they have a case, you'll find out when you get a letter from the court indicating that they have started legal action against him. That's the time to take it seriously and it is most unlikely to happen. If it does, you can ask for a delay in the court date and move on to negotiating a settlement prior to it. I'm assuming that no contact for years means at least six years since the last time he agreed he had the debt or made any payment towards it. If that is not accurate, I suggest starting your own topic to discuss his situation.

Frugal and shopaholic2, for your boyfriend, I'm sorry to read that past debt nightmares are making a reappearance in your currently better world. I hope that these are the last reminders of those bad times that come your way.

Tootsie_Roll

jamesd wrote: »

Tootsie Roll, the original poster indicated that they had forgotten about the debt, hence a real-world, if unsatisfying to the creditor, reason why they would not have informed them. Clearly the OP has made substantial debt-related efforts in the last few years or those other borrowings wouldn't have been possible, so I suggest that we accept their statement that they have reasons for believing that repaying this debt would be inappropriate at their face value.

I see you have been polishing your rose tinted spectacles :rotfl:

Even after 7 years I very much doubt they forgot about the debt entirely and there is absolutely no doubt that Frugal 'remembered' it when he moved address - to suggest otherwise is just ludicrous.

Again I think you miss the point, Frugal has got away with repaying thanks to the limitation act - hooray ! :rolleyes: To suggest though that the lender is responsible by not chasing them when clearly some deceipt has taken place by not informing the lender of the address change is just beyond the pale.

anniecave

I would agree with everything jamesd says.

With regard to Frugal, I would have thought that at some point in the previous few years you would have been refused credit if it had gone to CCJ without you being aware of it. But worth taking a look on your credit file anyway.

shopaholic2 - I would definately agree that no-one should return mail as gone away if they live there. Might be worth writing and advising that you don't think the debt is due because of the limitation act etc etc.

On a general issue debt collection agencies often threaten a lot of things, including things that may be impossible to do, like take you to court even though the debt is statue barred etc.

inmypocketnottheirs

Tootsie_Roll wrote: »

Wrong again - bit of a habit for you isn't it ?

To what do you refer?

Upon reflection, edited to say don't bait the trolls.

Hermione54

Everyone has a go at Tootsie Roll, but actually if you analyse what he says, it does make a lot of sense. Yes, he can be a bit abrasive and judgemental sometimes, but surely his main point is that if you have borrowed money and enjoyed having it, then you ought to pay it back. The 'statute barred' thing may be a legal cop out, but it doesn't change the moral imperative to pay back what you have borroed. The OR says that there are special circumstances in his/her case which change his/her obligations so, without knowing the details, we have to accept that. However, Tootsie Roll is basically right.