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CCJ entered 6 years after I had left the UK and was on a DMP

zzzoe
Posts: 4 Newbie

I left the UK in 2010 to go to NZ. I've just returned to the UK last year, I checked my credit report recently and saw I had a CCJ registered in 2016.
I started a DMP in 2011 as I was having issues finding full time work over there. In the creditors was Capital One, whom we paid through the DMP.
I moved house in 2012 and updated all my creditors. There was an issue with Capital One as they wrote to me (at my new address to tell me they couldn't update my address). I told my DMP about that and they said our system was up to date and not to worry.
In July 2014 Capital One started to reject the DMP payments, no one contacted me or the DMP to say they had taken the debt, Capital One didn't say it had been sold.
The CCJ is the Capital One debt, which was apparently sold on in January 2013 to Capquest. They have never contacted me, and when I have spoken to the legal team who entered the CCJ it was posted to my Mother In Laws address, which is just linked to my old address by virtue that my husband used to live there. (I was paying a debt with Capquest with my NZ address and that is how they found me today when I rang them).
I have raised an official complaint with Capquest, but they say that its been looked into and its not been withheld.
What can I do now? I know Capital One had at least one NZ address and Capquest still served a CCJ on an address that was in the UK. I have since paid my DMP off and would have done the same with this debt if I would have known about it.
I started a DMP in 2011 as I was having issues finding full time work over there. In the creditors was Capital One, whom we paid through the DMP.
I moved house in 2012 and updated all my creditors. There was an issue with Capital One as they wrote to me (at my new address to tell me they couldn't update my address). I told my DMP about that and they said our system was up to date and not to worry.
In July 2014 Capital One started to reject the DMP payments, no one contacted me or the DMP to say they had taken the debt, Capital One didn't say it had been sold.
The CCJ is the Capital One debt, which was apparently sold on in January 2013 to Capquest. They have never contacted me, and when I have spoken to the legal team who entered the CCJ it was posted to my Mother In Laws address, which is just linked to my old address by virtue that my husband used to live there. (I was paying a debt with Capquest with my NZ address and that is how they found me today when I rang them).
I have raised an official complaint with Capquest, but they say that its been looked into and its not been withheld.
What can I do now? I know Capital One had at least one NZ address and Capquest still served a CCJ on an address that was in the UK. I have since paid my DMP off and would have done the same with this debt if I would have known about it.
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Comments
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They only have to write to the last known address, having a DMP does not preclude legal action unfortunately, this happens a lot, not much you can do now, you admit it’s your debt, so have no defence, so a set aside would not be worthwhile, in two years time it will drop off your file, are you been chased for this debt ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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They didn’t write to me in NZ though, which I gave capital one as my last address. CCJs can’t be served if you don’t live in the UK, which they knew I didn’t.
They aren’t chasing me, I know of the CCJ from looking at my credit file when I was turned down for a mortgage.0 -
Are you in a position to pay this off now?
They may still be open to a settlement deal - the ccj does not stop them from negotiating.
I agree with sourcrates that paying for a setaside application (which may well not succeed) would not be a good use of your money.0
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