£250 debt became £2700 owed!

flower77g

It's also worth flagging that if Holly had sent any paperwork at all back to the court in defence, they should should have transferred the case to the closest county court to Holly. This thread doesn't say whether Holly did that or not. If Holly had, there would also have been an error by the court.

If and only if that happened an additional thing to do is to telephone the clerk at the county court, point out the error, and ask for confirmation that the case was transferred correctly. It may help.

Hollysastar

I've checked my Noddle credit report. It says in December 2011 the debt was up to 5 months late but that's the first recorded bit of information on there. It says the card was taken out in 2004 and a default served in 2012. Five months prior to Dec 2011 would make it July 2011 buy I definitely think I'd contacted them and asked them to review my account earlier than this and had stopped paying much before this date. Going through my old statements should help but it's definitely over 6 years since I last had any contact.

The default and subsequent passing of my account to agencies technically looks like it's within 6 years because the default was served March 2012.

Hollysastar

I did contact the court online by following the link they provided and putting the reference number in. I acknowledged it online and asked for more time to gather evidence but it all happens so quickly. I know that sounds naive. Finding the time to organise papers to create a defence against a judgement in court with no legal support and being unable to pay for help is overwhelming. And the court was further than I thought, it was Northampton not Nottingham as I originally thought which is 124 miles from me, a 248 mile round trip and I couldn't do it with children to drop off at school and collect.

Marktheshark

The reason they have recommended bankruptcy is because on such a low income with all that debt, you are as good as bankrupt.

It is not the big thing people think it is, 12 months and you get a clean slate again.
As for these sharks, it would serve them right.

chattychappy

Marktheshark wrote: »

As for these sharks, it would serve them right.

Not really sure this remark helps. They are simply people chasing a debt that the OP ran up. It doesn't seem to me their conduct was unreasonable in this particular case. The danger of calling people that chase debts "sharks" is it can encourage others not to take responsibility for their borrowings.

Good luck to the OP. If the dates fit, it does seem like set aside plus a defence based on limitation could be the way to go.

Marktheshark

chattychappy wrote: »

Not really sure this remark helps. They are simply people chasing a debt that the OP ran up. It doesn't seem to me their conduct was unreasonable in this particular case. The danger of calling people that chase debts "sharks" is it can encourage others not to take responsibility for their borrowings.

Good luck to the OP. If the dates fit, it does seem like set aside plus a defence based on limitation could be the way to go.

It was clearly a SB debt they bought when it was out of time.
yes that makes them sharks, big sharks and to file a CCJ hoping for an easy hit on a vulnerable person.
Well, you stand with them on your pulpit of preach.

Hollysastar

Bankruptcy would be a solution. But my main reason I want to have this CCJ removed is it's utterly wrong!

I used £250 on a credit card. But I paid back somewhere between £1500 to £1800 with £1200 plus court costs still owing. It's insane.

Hollysastar

*chattychappy - I didn't run up that amount of debt! I maintained regular monthly repayments via DD as they scheduled for years.

Karonher

I understand it is a high amount but if you were paying the right amount at the beginning as you said, how did it not go down?

If you are going to contest I think you should check everything very carefully. If you did not open letters there could have been increases you were not aware of and a few posts ago you talk about it being definitely almost 10 years since you last paid, now it seems it is around 6. And ignore MarktheSharks advice unless it is the only option. It is easier than it was to go bankrupt but this has been taken from the MoneySupermarket website.

If you are officially declared bankrupt, your bank accounts will be frozen and any non-essential assets, such as property and possessions that you do not need for your everyday life may be sold to pay off your debts.

The remainder will then be wiped, unless your income is deemed high enough for you to make ongoing monthly payments, which can last for three years.

All bankrupts must agree to tell any potential creditors that they are bankrupt if borrowing more than £500.

A link to the full article is here

https://www.moneysupermarket.com/money-made-easy/the-real-impact-of-going-bankrupt/#

Hollysastar

The first record of it on my credit file is December 2011 but even that states it was opened early 2004, there is just no data there to read until then. It is definitely statue barred.

The limit was 250. I made a purchase which I though kept me within my limit but interest was applied and then any purchases on top of that. That one purchase I made took me around £5 over the 250 and caused a £25 monthly over limit fee plus interest and the DD didn't cover it. Because I believed I'd stayed within my agreed limit and maintained the DD set by Monument not missing any payments I had no reason to believe there was a problem. Only when I discovered by opening a statement a couple of months later and saw the charges applied and couldn't get back within my limit or get anyone to speak to me at Monument that I started to accrue the debt. I kept paying it thinking one day I'd be able to make a huge payment to clear the outstanding amount but it just kept building.