Very old CCJ, multiple DCA!

pinkfloyd1

I had a CCJ taken out against me in 1998 for for a bank loan I took out in 1996. The order was for £10 a month which I have been paying ever since. Since then, the debt has been sold on to 8, 9 or even 10 DCA's, so many I can't accurately recall.

The last time the debt was sold on, the DCA contacted me for payment, at which point I notified them that there was a CCJ in place that was being abided by. Having to explain this to so many DCA's was becoming annoying so I asked why the relevant information wasn't being passed from one DCA to another, since that's their responsibility. I also enquired as to what information the DCA did possess with regards to the debt, and this turned out to be very little.

At this point I started to question what proof the DCA could provide that it was entitled to collect the debt and also questioned (since there was very little in terms of a paper trail) the amount I actually owed. No copy of the CCJ was ever passed on and no Notice of Assignment was ever issued to me when passing from one DCA to another.

The debt has now been sold again but to another company that the current DCA is also a part of, this time with a Notice of Assignment, of course. Now, considering the claimant on the CCJ was a different entity entirely and the DCA has very little in the way of accurate information with regards to the debt and with no previous Notice of Assignment being issued,

1. Is it still able to legally persue this debt?

2. Does a recent Notice of Assignment mean anything if none were previously given?

3. Am I entitled to proof that the DCA does have the legal right to collect this money?

4. Am I entitled to proof of how much I still owe?

I accept the debt needs to be paid, but how do I know it is the DCA I should be paying, if they have very little evidence of ownership (my neighbour could say they bought the debt, how would I know I should or shouldn't pay them)?

ty

DomRavioli

pinkfloyd1 wrote: »

I had a CCJ taken out against me in 1998 for for a bank loan I took out in 1996. The order was for £10 a month which I have been paying ever since. Since then, the debt has been sold on to 8, 9 or even 10 DCA's, so many I can't accurately recall.

The last time the debt was sold on, the DCA contacted me for payment, at which point I notified them that there was a CCJ in place that was being abided by. Having to explain this to so many DCA's was becoming annoying so I asked why the relevant information wasn't being passed from one DCA to another, since that's their responsibility. I also enquired as to what information the DCA did possess with regards to the debt, and this turned out to be very little.

At this point I started to question what proof the DCA could provide that it was entitled to collect the debt and also questioned (since there was very little in terms of a paper trail) the amount I actually owed. No copy of the CCJ was ever passed on and no Notice of Assignment was ever issued to me when passing from one DCA to another.

The debt has now been sold again but to another company that the current DCA is also a part of, this time with a Notice of Assignment, of course. Now, considering the claimant on the CCJ was a different entity entirely and the DCA has very little in the way of accurate information with regards to the debt and with no previous Notice of Assignment being issued,

1. Is it still able to legally persue this debt? If the CCJ is not satisfied, then yes, they are legally allowed to pursue the debt.

2. Does a recent Notice of Assignment mean anything if none were previously given? Do you have legal written proof of this? They may have been previously given, but not actioned.

3. Am I entitled to proof that the DCA does have the legal right to collect this money? That would be firstly the original CCJ, and then any sell off paperwork from the DCA. Not sure why you would need proof, as it is very standard practice to sell badly performing debts which are paid at a minimal amount, but you could ask the DCA for the paperwork (although you may have to get paperwork from all previous DCAs to link to the original CCJ).

4. Am I entitled to proof of how much I still owe? I would have thought that the DCA would have provided that.

I accept the debt needs to be paid, but how do I know it is the DCA I should be paying, if they have very little evidence of ownership (my neighbour could say they bought the debt, how would I know I should or shouldn't pay them)?

ty

Because you are legally obliged to as part of your CCJ? You can ask for proof, but you may need to apply to a court for certain things, so please be careful on that.

happy_bunny_2

Write to the DCA, requesting a statement of account within 14 days.

If they mess you about, complain, in writing, then refer to FOS if no joy.

Do you have a record of all payments you made? Not unusual for some to go missing or spurious charges to get added when getting passed around so much.

pinkfloyd1

3. Am I entitled to proof that the DCA does have the legal right to collect this money? That would be firstly the original CCJ, and then any sell off paperwork from the DCA. Not sure why you would need proof, as it is very standard practice to sell badly performing debts which are paid at a minimal amount, but you could ask the DCA for the paperwork (although you may have to get paperwork from all previous DCAs to link to the original CCJ).

Is it not the responsibility of the DCA to make sure they have all paperwork with regards to the debt and it's history when buying said debt and indeed have a copy of the CCJ before they persue it under the CCJ?

4. Am I entitled to proof of how much I still owe? I would have thought that the DCA would have provided that.

Ok, so the DCA states the outstanding amount as £x's, should I take it as read that this is factually correct given the number of times the debt has been sold on?

Thrugelmir

pinkfloyd1 wrote: »

I accept the debt needs to be paid, but how do I know it is the DCA I should be paying, if they have very little evidence of ownership (my neighbour could say they bought the debt, how would I know I should or shouldn't pay them)?

ty

Have you kept records of the amount that's been repaid?

At £10 per month it's easy enough to work out if you've paid enough to clear the original CCJ including costs etc.

pinkfloyd1

Stupidly, I've never kept a record of the payments I've made, and I'm fairly certain that I've also made bulk payments toward the debt, but 16 years is a long time so I can't accurately recall. This is also complicated by the fact that the DCA's didn't have to provide a yearly statement until recently so without full statements dating back to the first payment in 1998 the outstanding balance may well be questionable.

I was also naively under the assumption that DCA's would be very stringent with regards to the accuracy of information they held concerning recovery of a debt under a CCJ.

Thrugelmir

Maybe worth asking for a final settlement figure. Wrap matters up once and for all.

pinkfloyd1

Was thinking the same thing but thought it prudent to make sure that confirmation from the DCA of the debt being paid would allow me to have the judgment marked as satisfied since the DCA isn't named as the plaintiff on the CCJ.

fatbelly

If the ccj was 1998 it should have dropped off your record in 2004.

Just make sure you get confirmation of the settlement deal in writing.

pinkfloyd1

Thanks fatbelly, and yes you are right, having recently checked, the CCJ has been removed from both the CRAs and the County Court Register, but I was under the impression that the CCJ would need to be marked as satisfied by the issuing court however long it has run for since it is technically enforceable until paid, however long that is.

fatbelly

Yes, enforceable until paid. But on the instruction of the creditor. The court would not act on its own initiative. That's why you must have it in writing that the settlement is full and final, there is no balance outstanding and there will be no further collection activity or enforcement action.