What can i do about a bank debt from 1997

warrencarr

In 1995 I opened an account with TSB, in 1997 I took out a overdraft of £500, But soon after that I required a small car, so I took out a loan to pay off my overdraft and pay £600 for a small car. They insisted I take out Insurance on the loan, on which covered me for sickness job loss etc, which reluctantly I did.

I was seeing a specialist at the time as I had a problem with deafness in one ear which I put down to swimming, as I had swam for a swimming club, I put this down to being water in the ear.

A few months passed after I took the loan out, I was summoned to Guys Hospital and told the devastating news I had well developed Cholesatoma, which was a result of years of ear infections etc, It is a disease that will eat away bones, and mine was quite developed, eating onto my skull.

Straight after I saw the specialist I told my work I had to have this operation now, they said I can’t go as they have no cover, I said I have no choice. 3 weeks later I had the operation, I returned to work 1 month later but they had employed someone else and I was out of a job. 6 months after the op, the disease came back, and I had to have another operation, but now cleared up thank god.

I told the bank this, but they said I effectively walked out of my job, and they weren’t going to pay the insurance, I was very shocked and angry.

I opened a bank account with another bank, and was waiting until TSB took me to court, to fight my case, as at the time I was skint. I heard nothing.

A few years passed and in 1999 I took out an overdraft for £2000 with TSB for a business start up, the business manager knew of my disagreement with the bank and said he'll override that, as I had a good business plan and it was a small outlay. The business worked well for 12 months, but I required regular money, I had this account for 2 years paid them off then closed the account.

In 2000 my dad passed away, my mum fought for compensation due to the nature of my dad’s death, which she won, my dads wish was for me to be debt free, so we done a credit search using experian and equifax, found a few debts and paid them all off.

Today in May 2008 I received a letter from a private Investigation company, saying someone wants to contact me, A company called Global debt recovery, I rang them to find out what they want, they said £6784.97p I asked what for? They said for an unpaid CCJ back in 1998 to do with TSB.

What Should I do? Let them take me to court to renew the CCJ? Offer 10-15%? Pay the full amount? Try the limitations act 1980 even though it’s a CCJ? Bearing in mind every penny counts each month to make ends meet.

In July 2007 me and my wife brought 55% of a property, which we don’t want to loose the other 45% is with a housing association.

rog2

First of all, I think you should re-post this thread on the 'Debt Free Wannabe Board'.
You need to establish wheter or not a CCJ was, in fact, issued against you,and when.
If no CCJ was issued, then it could be that the original debt is now 'statute Barred' and, therefore, legally unenforceable under the terms of the Limitation Act 1980, which says that, providing that a debtor has made no payments towards, nor acknowledged in writing, a debt for a continuous period of six years (Scottish Law is slightly different and the 'Limitation Period is Five years) then that 'debt' is statute barred. Once a debtor has told the creditor, or dca, that he will n longer be making any payments because the debt is statute barred (the only reason he need give) then that debt is no longer enforceable through the courts.
CCJ's are, however, not covered by the Limitation Act, but, if they are over six years old, then the creditor would have to have good reason to enforce it, and may need to apply to the court to enforce it.
We really need more information - there are some unscrupulous Debt Collection Agencies, out there, who may be trying to mislead you over the status of this 'debt'.
What is the name of the 'Private Investigation Company' that is chasing you?

warrencarr

It is a CCJ from 1998 I was unaware of this, letters may of been sent to my old address, but my landlord kept moving us on. I have been told about the statute barred, but I think because its a CCJ done in 1998 Thats not covered.
Tower Investigations LTD are the company, Global Debt recovery is the agency who brought the debt in 2006 from TSB

looby-loo_2

warrencarr wrote: »

In 2000 my dad passed away, my mum fought for compensation due to the nature of my dad’s death, which she won, my dads wish was for me to be debt free, so we done a credit search using experian and equifax, found a few debts and paid them all off.

So you needed to check what debts you had? It sounds like you are very disorgansed or hoped that the debt would just go away and now it has caught up with you.

warrencarr

At the time I was 20, I had the major hump, the insurance company fobbed me off with an excuse. I was waiting for court action. Court action as far as I was aware never happened, the bank manager did mention the debt when I applied for a business overdraft 1999, but said he can overule the decsion.
But sadly it did happen. I wasn't aware until now.
A TSB loan did show up on my credit report, but I thought that was to do with my business overdraft which I just paid up.