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1st credit !!

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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
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Comments

  • walker123
    walker123 Posts: 56 Forumite
    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 :)
    Start (27 March 2012): £25,683.20
    Current (17 July 2012): £21,145.17
    Paid off: £4538.03 (17.7%)

    Debts cleared: 4 ... To go: 30
    Aim No 1: Get debt under £20k before October 12! :beer:
  • steveward205
    steveward205 Posts: 23 Forumite
    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
    walker123 Posts: 56 Forumite
    Totally get that, but best to nip it in the bud so it doesn't escalate.
    Start (27 March 2012): £25,683.20
    Current (17 July 2012): £21,145.17
    Paid off: £4538.03 (17.7%)

    Debts cleared: 4 ... To go: 30
    Aim No 1: Get debt under £20k before October 12! :beer:
  • 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
    gizmo111 Posts: 2,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    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,
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • Lensman_2
    Lensman_2 Posts: 1,506 Forumite
    Part of the Furniture Combo Breaker
    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
    eyeopener2 Posts: 1,783 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    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?
    I'm Debt Free :j 2/09/2013
    Debt at LBM 30/04/2010 £24,109.38,
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    I bet they will be re-applying very soon for a ccj, so they did it once they will try again
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • eyeopener2
    eyeopener2 Posts: 1,783 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    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.
    I'm Debt Free :j 2/09/2013
    Debt at LBM 30/04/2010 £24,109.38,
  • 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.
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