plz help 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.

dexters_mum_2

If it is an unpaid CCJ from 1997, it is more than likely you would have been summoned for an oral examination under oath and been back to court to vary the payment arrangement before now. As you haven't mentioned it, I'd assume you've not been through that as yet.

Also, CCJ debts are not generally fielded out to debt collection agencies like Global.

Also Statute of limitations applies here, this debt is 11 years old, they cn't force you to pay it, they can chase you but a court would never enforce it.

I also believe strongly, you'd know if you had a CCJ from 1997, as you wouldn't have been able to get another bank account or business loan in 1999.

rog2

Hi warren and welcome to dfw - I have already replied to your thread, on the 'loans' board - and seen your reply.
I suggest that you need to talk to one of the Debt Counselling Charities, such as National Debtline - 0808 808 4000, CCCS - 0800 138 1111, or your local CAB.
As you were unaware of the original CCJ, it may be possible to have this 'set aside' so you will, now, be able to enter a defence, and make, if you admit the debt, an offer to pay at a rate that you can afford.
Even though there is a CCJ against you, nothing is 'cast in stone'. Global Debt Recovery wold need to go back to court to enforce this CCJ, and you would have the right to enter a defence.

warrencarr

Thanks rog2

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 dont worry he can overule the decsion.
But sadly it did happen. I didnt have the chance to represent myself, I wasn't aware until now. I've now commited myself to a long term mortgage, and after 11 years this cant be allowed to come back to haunt me surely.
A TSB loan did show up on my credit report, but I thought that was to do with my business overdraft which I paid up in 2001.
I'm not an irrisponsible person, i haven't had a bad debt for 8 years, i've had a few loans credit cards etc, all paid no probs

warrencarr

Hi dexters mum,
I'll be quite happy for an examination to prove my case, as now i'm totally deaf in 1 ear and require yearly check ups, but the insurance company seems to of got out of it. may not be any point.

dexters_mum_2

I think it is going to be hard to find out if you had a CCJ because the register which records the CCJ only holds CCJ's issued in the last 6 years.

Secondly, your credit record showed nothing and it the CCJ they also only hold information on file for 6 years.

Thirdly, you obtained a mortgage and IF you did have an outstanding CCJ it would have been hard, if not near impossible to get a mortgage.

Fourthly, This statutes of limitations apply to this debt if it has not gone to CCJ.

Normally CCJ debts are enforced by bailiffs, not really debt collection agencies.

Did Global alledge where the CCJ was granted (which court), if they did, get in contact with that court.

Also, have you moved around a lot? if you haven't and you are still in the same area where you were when the alledged CCJ was issued, ask advice from the local County Court, they may be able to tell you whether a judgement was entered against you or whether this is just a scare tactic by Global, which is highly likely.

DM x

rog2

dexters_mum wrote: »

Normally CCJ debts are enforced by bailiffs, not really debt collection agencies.

I agree with DM - there's something not quite 'kosher' here. If the 'debt' was for a loan, and irrespective of whether there is a CCJ, you are entitled to request a true copy of the original consumer credit agreement, and up to date statement, under the terms of the Consumer Credit Act, 1974.
Global, irrespective of the fact that they were not the original lender, are legally obliged to provide you with that information within 12 working days, and without it, they are unable to pursue you for payment.
Have a look at:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

It will cost you £1 - but will definitely show if the 'debt' is enforceable.

If, on the other hand, it was for an overdraft, then you would need to send a Subject Access Report (SAR) for which there is a statutory fee of £10, but for this, they MUST send you EVERYTHING that they have, on file, about the account.

http://www.ico.gov.uk/upload/documents/library/data_protection/introductory/subject_access_rights.pdf

10past6

warrencarr wrote: »

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? .

Hi

I've had excatly the same with this company in the last 8 weeks.

I also had a CCJ on my debt from 1996, I wrote to Global telling them the debt was Statue Barred, they wrote back stating it's not statue barred as there is a CCJ on the debt.

I obtained the CCJ ref number from them, contacted my local county court, who confirmed a CCJ was granted in 1997, but no further action has taken place.

I wrote back to to Global, stating I refuse to negotiate with them, WITHOUT THEM TAKING LEAVE OF THE COURT.

Regardless of the CCJ, the debt is UNENFORCABLE, THEY MUST TAKE LEAVE FROM THE COURT, BEFORE TAKING ANY FURTHER ACTION AGAINST YOU, THIS IS THE ADVICE FROM THE COURT

warrencarr

I have been told about this statute barred 1980 thing, but being a ccj is this not applicable? I was also told that they have to go back to court to obtain basically an up to date ccj to enforce me to pay, thus harming my credit file?
I may have it wrong. Keep in touch 10past6 it will be an interesting ride I feel.

My main gripes is

The miss sold insurance
Technicality of me finishing my employment,
Unaware that they had issued a ccj against me for 11 years
Surprised when they loaned me a £2000 overdraft 2 years later
The business manager knew of the original debt, and said not a problem I can sort that out and override that
But most of all will face massive financial hardship a year after putting all my money into buying our house.

8 years ago I had the opportunity to pay off all my debts and be debt free, a magical second chance and I never looked back, thanks to my Dads last wish.

Just a note, I understand when I borrow money I repay it, I don’t need a slap on the wrists or anything, but my circumstances changed just like most on here, for a period of time I was dying and when the disease came back I almost gave up, I was an emotional wreck.

itsnever2lateisit?

I just wonder if this is a typical DCA scare tactic, and NO CCJ exists. Whatever you do OP please dont get embroiled with them on the phone, their task is to extract money from you, by fair means or not so fair means. Keep it all in writing. Do your homework and find out which court issued the CCJ (if any). If it does exist, follow 10past6's advise and tell them that you are neither acknowledging the debt nor therefore making any payments to them untill they have sought leave from the court to do so

10past6

warrencarr wrote: »

I have been told about this statute barred 1980 thing, but being a ccj is this not applicable?

If a CCJ is granted, it's excluded from being "Statue Barred" however, if it's more than 6 years since any contact, the creditor / DCA MUST TAKE LEAVE FROM THE COURT PRIOR TO THE DEBT BEING ENFORCEABLE.