How do I find out info on a defaulted credit card? + court/bailiffs

andrewsmithy999

Apparently I took out a Capital One credit card in 2007, and I've made no payments onto such a card.
Got a letter out of the blue this week from the County Court (Lowell hold the debt) saying that if I don't pay £180 by so and so, bailiffs will visit me to take property.


How do I find out exactly what the situation is here? Can I request all the info I have as I would like to see what they hold.
Unless I've somehow taken a card out and completely forgotten about it, having made zero payments onto it in up to 11 years that would surely leave it statute barred, how would a debt collection agency or whatever get a court to deal with it (short of some "imaginary" payment conveniently having been made in the last 6 years or so - could get a bank statement for this)?

[Deleted User]

I'd contact Lowell to find out.

Also check your files to see when it was applied.

It needn't 'surely' be statute barred, if the CCJ was gained before 2013.

National_Debtline

Hi there and welcome to MSE,


A creditor will issue claim forms to the last known UK address of the liable person. If this is a very old debt, you may have moved and forgot to up date them, which could explain how the paperwork was missed. Equally, if this was a fraudulent debt, the address may have been completely different. If you don't receive claim forms, you cannot file a defence on the basis of limitations/ that the debt isn't yours, so a judgement is entered by default and the creditor can enforce it.

Before a bailiff can attend you should get a 7 day notice of enforcement/ notice of issue of warrant of control. If you have received this then you need to be aware that these bailiffs can only come inside initially if you let them in, or if they find open/ unlocked access. As long as they haven't been inside before then make sure you keep the doors locked, and refuse them entry. Also make sure that anything valuable outside - like a car - is hidden.


You have a couple of choices for the CCJ at this stage. One is ask for more information from Lowell, and if you feel this debt is disputable, you can consider filing a set aside application. This is an application to take the judgement back to the beginning. The court will consider several factors and this application can cost up to £255 to submit - which is more than the debt owing. Alternatively, you can also consider paying the debt in full, if that is an option, to prevent further bailiff fees and if you do this within 1 month of the judgement date the CCJ will no longer show on your credit file. (I appreciate this is the least preferred option, but based on the balance owing, I felt I should mention it).


Laura
@natdebtline

PRAISETHESUN

If a CCJ was issued within 6 years after when you first defaulted, then the debt won't be statue barred. My first advice would be to contact the issuing court to get details of any judgements, if these haven't been made available to you. If no judgement was issued within 6 years of the original default, then the debt may be barred and you will need to inform Lowell - who should then leave you alone. Legally the debt will still exist even if it is statute barred, they just can't make you pay it.

Be careful if bailiffs are sent around - they aren't allowed to enter your property by force, but if you leave any doors open or invite them in then they can legally enter and enforce the judgement.

For £180 it sounds like it'd be easier to just pay the bill and be gone with it - it'd cost you more then that to contest the CCJ anyway.