duplicate CCJ and default

ace2base_2

Hi All

I defaulted on an credit card back in 2003 for 10K. I foolishly used it to live on when I lost a well paid job. At the time I ended up with 3 CCJ's due to burying my head in the sand big time.

A DCA has recently been in touch trying to collect on it. I think one of my CCJ's was for this debt (now removed from CR), and they are trying to get a new one, as I don't think they're aware of previous one.

I've looked and there doesn't appear any way of getting info on CCJ's over 6 years old at all. The default was 2003 and CCJ would have been 2004 I think. Again I think I was making token payments of £10 on the debt up until 2010.

As well as the CCJ they've added a new default to CR dated 2011, which date Egg sold Debt on. Which I take to mean they don't know it was already an old defaulted debt long before then.

For my defence is it wise to bring up old CCJ? or better go statute barred route as they may not have any relevant paper work, and it might actually be?

Also can I get them to remove this new default on CR?

Anyway I've requested all info they have using one on the standard templates. They haven't responded so don't have hard facts to defend myself.

This is my last debt from 10 years ago. All the others I've paid off over the years with last one settled fairly recently. This one was just to scary to deal with properly I guess.

Any advice much appreciated. I would hate to have a fresh default and CCJ added to such an old debt which has grown to 13K, or have it hanging around for another 10 years.

Many Thanks

Steven_Elliott

CCJ dont come SB , but they need to go to court again to enforce the CCJ again which is very rare for a judge to allow it as they should of collected in the first 6 years , hope that helps

ace2base_2

I think I'm the only one who realises the debt has already had a CCJ against it. So I'm not shooting myself in the foot bringing it up?

fatbelly

ace2base wrote: »

I think I'm the only one who realises the debt has already had a CCJ against it. So I'm not shooting myself in the foot bringing it up?

Yes you are.

You can assume that if they knew there was a ccj, they would have mentioned it and be making appropriate threats about enforcing it.

As mentioned ccjs do not 'expire' and so you cannot have a second ccj on the same debt. If they are threatening that, then they do not know the history of the debt.

At the moment the ball is in their court and they should not be demanding payment until they have responded to your request.

But the SB letters are here if you want them, and they might work..

https://forums.moneysavingexpert.com/discussion/2606811

Steven_Elliott

get your CCA letter out in the post first, see if they produce anything if they cant then they cant take you to court , if they dont know about the CCJ you already have.

fermi

fatbelly wrote: »

Yes you are.

You can assume that if they knew there was a ccj, they would have mentioned it and be making appropriate threats about enforcing it.

As mentioned ccjs do not 'expire' and so you cannot have a second ccj on the same debt. If they are threatening that, then they do not know the history of the debt.

At the moment the ball is in their court and they should not be demanding payment until they have responded to your request.

But the SB letters are here if you want them, and they might work..

https://forums.moneysavingexpert.com/discussion/2606811

Think I would 2nd that. As said they clearly don't know the history of the debt and CCJ existed, so may well think that it could be statute barred.

- Statute barred letter may do the trick first of all.
- CCA perhaps if that does no good, but problem with that is if SB is a no go because they find the CCJ, then the same applies to the CCJ. Post judgement it would be irrelevant, and you no longer have the right to make that request.

Regards the default? Yes, you can complain and demand that it is removed, as it is clearly entirely inaccurate. If they refuse to remove/correct it, then make a complaint to the ICO and FOS.

ace2base_2

Thank you for responses. I don't think I was clear in my post by they have already submitted a claim to Northampton County Court. So if I don't fight it I will get a second CCJ in error.

spacey2012

Can you post up a transcribe of what they have put for "claim particulars" or description of claim.
With this info we can help you formulate a defence, you will need the whole block of text they have written just minus your name

fermi

Please do not post exact amounts/dates etc that could identify your claim to someone reading. Debt collectors etc do read these and other forums to try to gain an advantage over claimants and see what advice they are getting.

Please repost in edited form.

ace2base_2

Ok, apologies.

Particulars of claim:

By an agreement in writing between Egg Banking plc ("EGG") & the defendant dated xx/xx/xx ("the Agreement") EGG agreed to issue the defendant a credit card upon the terms and conditions set out therein. In breach of the Agreement the Defendant failed to make payments of not less than the minimum payment shown on the monthly statement.
EGG served a Default Notice on the Defendant stating the amount due and requiring the Defendant to pay same. The Defendant failed to pay and the Agreement was terminated. The Agreement was assigned to claimant on xx/xx/13. The claimant has complied with sections III and IV of Practice Direction - Pre-Action Conduct.
THE CLAIMANT THEREFORE CLAIMS:
1. £11k
2. Interest pursuant to section 69 of the County Courts Act 1984, namely £1.5K & continuing until judgment or sooner payment at the rate of 2.5%

ace2base_2

forgive the bump, but it's dropped of front page