County Court Claim for Old Credit Card

ahxcjb

[quote=[Deleted User];54894753]What's it like on planet good time where you can forget about 3k of debt?[/QUOTE]

It's up to the debt recovery firm to ensure they comply with all relevant sections of the law. If they don't, then they only have themselves to blame if they're out of pocket.

It's like when people whinge that people get off motoring offences on technicalities; those 'technicalities' are actually the police either ignoring or being incompetent with regards to following the due process. Same with debt recovery. I have no sympathy.

d4rkh0r53

@dLockers

If you re-read the thread, you'll see that I've had to borrow the money to pay this off in one go, rather than getting a CCJ against me. I am lucky to have someone close who is willing to do this for me but I still have to repay the money ASAP - I just don't have to raise it all in 14 days flat, which would have been near impossible for me to do.

I'm on 'Planet Breathing a Massive Sigh of Relief' at the moment.

Buzby

Your bank may argue that its credit card division is a seperate entity, and as such the onus remained with you to advise the CC co of your address update - so watch for this.

Have you checked your credit file? Even without the CCJ, you probably have already been defaulted, so paying it will simply change this default from owing to 'settled'. A sneaky way round a potential CCJ is to pay the money owed (not the inflated costs) on the CC debt to the original creditor if you still have the ability to.

This really wrong-foots them, as their court action would fail as the original debt had been paid. You may be asked to pay their costs in raising the action, but not the additional amounts. This does not work in every scenario, but worth a try if you have the Sort Code A/x and Reference to pay against.

Ricoh

d4rkh0r53 wrote: »

@dLockers

If you re-read the thread, you'll see that I've had to borrow the money to pay this off in one go, rather than getting a CCJ against me. I am lucky to have someone close who is willing to do this for me but I still have to repay the money ASAP - I just don't have to raise it all in 14 days flat, which would have been near impossible for me to do.

I'm on 'Planet Breathing a Massive Sigh of Relief' at the moment.

Firstly, when you say you advised the bank of your new address, where did they continue to send your statements if you didn't get them??They have to send statements.

Ricoh

ahxcjb wrote: »

It's up to the debt recovery firm to ensure they comply with all relevant sections of the law. If they don't, then they only have themselves to blame if they're out of pocket.

It's like when people whinge that people get off motoring offences on technicalities; those 'technicalities' are actually the police either ignoring or being incompetent with regards to following the due process. Same with debt recovery. I have no sympathy.

Good point, plus, I've had it first hand form a DI investigating a serious Fraud, who went to great lengths in explaining just what debt collection companies can do and can't do, what these companies thrive on is your ignorance and panic.

Put simply, if the debt is in dispute (for any reason) and they contact you by letter, phone or visit, I was told be very civil, very calm, tell them they are causing you stress and anxiety, ask them to go away, tell them if they don't or they return, you will make a complaint to the Police, after that they face arrest, there is only so much they can do and if they aren't civil they are in big bother, they rely on intimidation.

d4rkh0r53

Thanks for the advice and feedback, everybody.

It all dates back around four years, so I'm going to issue FOI requests to get the facts straight first, then go for the jugular, because I cannot remember exact dates and times. Simply changing your address with your bank is not the kind of thing you expect to come up and bite you in the backside so many years later.

Of course, I now know that it can and will be far more cautious in future.