Need advice

marse1863

Hi

1: I started having issues with a debt collector mid 2009
2: Advised debt collector that my 2008 credit file was clear
3: Debt collector searched my credit file
4: Debt collector informed me that I had a CCJ in 1989
5: Debt collector told me a Judgment is active and enforceable until settled
6:In 2009 I received a SAR
7: No judgments or assignments
8: I want to take these "heathens" to court
9: I am an aged man who is very ill

Advice please


M1863

[Deleted User]

why do you want to take them to court?(its unclear from your OP)

marse1863

Hello John

Before I realised debt collectors tell lies, I believed what they told me and paid them £400.

M1863

FireWyrm

Oh I am sorry.

When they prey on the vulnerable it makes my blood boil. However, there is little you can do about it now, all evidence has long since gone and I'm guessing that you have no corroboration like telephone calls or emails. At the time, you might have had a case with the small claims court, but not now I dont think.

matttye

marse1863 wrote: »

Hello John

Before I realised debt collectors tell lies, I believed what they told me and paid them £400.

M1863

Did you owe them the money?

marse1863

Firewyrm,

The matter is a little more complicated.

Mattye

I did owe the money! But I eventually paid circa £1900. The Company concerned did not credit the County Court Judgment debt: they used all my instalments to credit a different account and did not inform me.

I found out about this when the current debt collector began to pursue me for the original debt that had not been credited with my instalments.

At this moment, I am dealing with the debt collector with a "non compliance" issue. This debt collector conveniently omitted to include a load of crucial documents in the Subject Access Request.

My problem is not the debt collector and consumer law: it is my age and the cardiologist who is keeping me alive.

M1863

FireWyrm

marse1863 wrote: »

My problem is not the debt collector and consumer law: it is my age and the cardiologist who is keeping me alive.

M1863

Do you have written proof of your precarious health?

If so, I would write to the creditor stating this and that you do not forsee ever having the money to clear this debt. You are unable to meet your obligations due to your health and this situation is unlikely to ever change (I assume this is true). You then request that you continue token payments of £1 per month for the forseeable future. End of story...

With a bit of luck, if you write this to a human, the debt will simply be written off. You cannot be made to pay what you do not have. If you are summoned back to court, you present this same evidence and plead clemency.

Its the best I can think of. Forget sueing anyone, you wont get anywhere. However, this tactic does have legs and has been known to work....I've seen it once before on this forum with a similar set of circumstances.