1st credit !!

steveward205

Hi all, i had a debt with MBNA that was sold to 1st credit in 2007, in 2008 i went to court & had the judgement set aside, i even got awarded expenses. Just had a letter, txt & 2 calls from 1st credit saying i owed the original debt, i haven't responded yet, just need to know where i stand? Any help gratefully received......thanks

walker123

Did you get any paperwork from the court when it was set aside?

I would pop in a covering letter something along the lines of:

Dear Sir/Madam,
I refer to your letter dated ***; this amount was set aside by *** Court. Please see enclosed details and paperwork. I expect this satisfies your demands and I ensure this will stop any communication from yourselves or any other company regarding this debt.
Kind regards
***

Hope this helps

steveward205

Yes, kept all the paperwork, but why should i give up my time & effort to tell them it has been sorted, pee's me off when these cowboy's try & pull a fast one, thanks for your response

walker123

Totally get that, but best to nip it in the bud so it doesn't escalate.

steveward205

Today i received a letter from 1st credit, enclosed was a copy of the cca that should have been sent 4 years ago!! The judgement was set aside due to them not being able to produce a copy, what right's have they got to send it now & ask me to contact them? I thought when a judgement was set aside that would be the end of it?? Getting slightly worried now

gizmo111

steveward205 wrote: »

Today i received a letter from 1st credit, enclosed was a copy of the cca that should have been sent 4 years ago!! The judgement was set aside due to them not being able to produce a copy, what right's have they got to send it now & ask me to contact them? I thought when a judgement was set aside that would be the end of it?? Getting slightly worried now

Just because the judgement was set aside doesn't mean the debt is written off - you still owe it. If they have now found the correct paperwork then they can reapply for the CCJ,

Lensman_2

Sorry but Gizmo is right. The "set aside" means exactly that, not that the debt was wiped (or your obligation to pay it either). It was put to one side.

Your position is now the same as it was if they had found the CCA in 2007/8 and before your set aside judgement.

You should check the validity of the CCA (a lot aren't valid). If it is valid you might want to start thinking about a payment plan.

eyeopener2

When did you last pay anything on this? Is it statute barred? If so tell 'em to get lost.

Is the CCA valid?

What records do they have of any payments you made?

chanz4

I bet they will be re-applying very soon for a ccj, so they did it once they will try again

eyeopener2

chanz4 wrote: »

I bet they will be re-applying very soon for a ccj, so they did it once they will try again

If it's statute barred they won't get one.

So we need to know more information.

steveward205

Thank's for the answers peeps, couple of questions.......how do i find out if it's statute barred & how can i find out if the cca is valid, thanks for your responses, much appreciated.