Selling of Debt and now a CCJ

Extankman

HI all,

I've been re-directed to this forum after posting something in the Parking Fines section that then transpired to be an old Welcome Finance Loan for a car.

Full thread is here - forums.moneysavingexpert.com/showthread.php?t=5940249#topofpage
Sorry as a new poster I cannot put it as a link

Any advice or info on how best to proceed would be greatly appreciated.

Just for clarification this is now registed with the Northampton CCBC and is showing on my credit file and the judgement letter is dated 13 dec 18.

I couldn't respond in time as all the mail was being delivered to a house we moved out of 4 months ago and i couldn't gain access, nor had any reason to regain access until i found this new CCJ today.

[Deleted User]

It will be removed if you can settle it within 30 days.

[Deleted User]

As above.

Pay it ASAP to get it removed

Extankman

Its a bit more complicated than that - from original post on other thread in case there is an element of TL:DR

These are the case particulars;

"The claimant claims the sum of £5981.03 for an outstanding debt owed. On 31/12/2007 the defendant entered into an agreement with Welcome Financial Services Limited for a bank loan under ref XXXXXXX. On 02/02/2011 the defendant defaulted on the agreement with an outstanding balance of £5981.03. On 28/03/2013 the debt of £7357.40 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group UK limited on the 31/12/2014. Notices of assignement were sent to the defendant in accordance with S136 Law of Property Act 1925. PAyments of £1376.37 were recieved up to 10/04/2017. And the claimant claims 1. The sum of £5981.03. "

This loan was not a bank loan, it was finance for a car. The car was repossessed way back in 2010 and no further contact from welcome was ever recieved. Back in Feb 2014 an offer to settle was made and was refused by Aktiv Kapital, the old DMP company can confirm this. In Nov 2015 the DMP company approached the debt holder to ask for a copy of the loan agreement which they could not supply. Initially it looks as if I was making payments as part of my DMP, then an offer was made, which was refused, then it came to light that they hadn't provided a copy of the agreement and so it was stopped and then in the amount of debts i had its obviously slipped under the radar after being sold on and been added to my DMP as starting payments again until i stopped using a charging DMP company and went with Stepchange, who coincidentally don't have it on my list of creditors,none of these company names is even on my credit file.

I have Emailed my old DMP company and asked them for any info on it, specifically a signed CCA with welcome finance.

My issues might be that by paying some payments to PRA i have now admitted liability.

Is it worth asking PRA for a S A R with all of my file info including that from Welcome and Aktiv Kapital which they must have received in the buying and selling of the debt?

Again any info would be great, I get that paying it ASAP is the easiest/best way to clear it but that is not an option for me i'm afraid as i don't have 6 grand lying about.

sourcrates

Once legal action has been taken it becomes more difficult to challenge these things as the creditor is no longer required to provide you with any information.

On what basis do you think you would have the right to challenge this ?

[Deleted User]

It won't have become statute barred with the payments and settlement offers.

If you think the debt may be unenforceable due to lack of an agreement, you can pursue that option and then try for a set aside if successful

fatbelly

I know you were referred here (I read your other thread) but I'm not sure this is the right board. It appears that if you had had the chance to defend this claim there were at least two points that could be argued:

1. Could the claimant prove their position or had the relevant paperwork been lost? That was certainly the view of your dmc after they asked for it.

2. Had there been a period of 6 years when the debt was not acknowledged by way of payment or in writing. PRA's weasel words in the particulars of claim intended to give the impression of continuing payments: 'Payments of £1376.37 were received up to 10/04/2017' But were you paying up to 2017? Or did that mean that they received that total in the period to 10/04/2017, without saying when payments stopped? The suggestion of the other thread that the settlement offer would be considered acknowledgement is not necessarily correct - if done correctly using something like the National Debtline template it would be done 'without prejudice', which means that document cannot be used in court proceedings.

You would have been better referred to the debt-free wannabe board but our main specialist on these claims appears to have disappeared for the moment. I would suggest

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues

for support and for now do subject access requests to all relevant parties - they're free.

Extankman

fatbelly wrote: »

I know you were referred here (I read your other thread) but I'm not sure this is the right board. It appears that if you had had the chance to defend this claim there were at least two points that could be argued:

1. Could the claimant prove their position or had the relevant paperwork been lost? That was certainly the view of your dmc after they asked for it. - I won't know this for definate until the old DMP company get back to me

2. Had there been a period of 6 years when the debt was not acknowledged by way of payment or in writing. PRA's weasel words in the particulars of claim intended to give the impression of continuing payments: 'Payments of £1376.37 were received up to 10/04/2017' But were you paying up to 2017? Or did that mean that they received that total in the period to 10/04/2017, without saying when payments stopped? The suggestion of the other thread that the settlement offer would be considered acknowledgement is not necessarily correct - if done correctly using something like the National Debtline template it would be done 'without prejudice', which means that document cannot be used in court proceedings. - These payments were made prior to me being informed that they could not supply a signed CCA and after they had been asked to settle, which they refused to budge lower than 90% of the debt, which i couldn't afford, I was hoping for a 50% to close out. They It looks like the last payment would have been around Dec 13 or Jan 14 as this ties in with a statement from the DMP company at the time

I am guessing that even with me moving house i no longer have the chance to appeal?

Extankman

This is my SRA request draft, any feedback or comments would be appreciated:

"Please supply the data about me that I am entitled to, under data protection law relating to:
• My personnel file
• A copy of the original signed Consumer Credit Agreement with Welcome Financial Services Limited
• Any details of the repossession of the vehicle associated with the agreement, including the amount of resale with evidence of that being offset against the original value of the loan.
• Copies of statements (between 2007 and 2018) held in account numbers XXXXXXXX for Welcome Finance Services Limited and XXXXXX for PRA Group (UK) Limited.
• Copies of all statements, payments and correspondence pertaining to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.
Under the Data Protection Act 2018 I have the right to make a subject access request for free."

Anything else you can think of that might help i will add

Extankman

sourcrates wrote: »

Once legal action has been taken it becomes more difficult to challenge these things as the creditor is no longer required to provide you with any information.

On what basis do you think you would have the right to challenge this ?

That they couldn't provide a signed copy of the CCA. Would they require this in order to satisfy a county court claim?

Just_Di

Extankman wrote: »

old Welcome Finance Loan for a car.

Full thread is here - forums.moneysavingexpert.com/showthread.php?t=5940249#topofpage
Sorry as a new poster I cannot put it as a link

Any advice or info on how best to proceed would be greatly appreciated.

Just for clarification this is now registed with the Northampton CCBC and is showing on my credit file and the judgement letter is dated 13 dec 18.

I couldn't respond in time as all the mail was being delivered to a house we moved out of 4 months ago and i couldn't gain access, nor had any reason to regain access until i found this new CCJ today.

I'll take a look back at your thread(s) tomorrow but my first/instinctive reaction is you may need to make an Application to set side this Default Judgement (CCJ) if the claim form was incorrectly served.

Who is named as the Judgment Creditor on the CCJ?

Welcome loans can have have legal issues.

Debts assigned to Aktiv Kapital can have legal issues.

Debts assigned from Aktiv Kapital to PRA can have legal issues.

Di