plz help debt from 1997?

10past6

warrencarr wrote: »

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?

You cannot have 2 CCJ's for one debt.

When a CCJ is granted it remains on your credit file for 6 years, then it drops off, but it never goes away, it just doesn't show.

After the 6 year period, a DCA / Creditor CANNOT enforce the debt without taking leave of the court.

warrencarr

Its deffo a CCJ from Feb 1998 I now have the court number.

I take it Global will try and seek permission from the court to reinforce the debt again, as the enforcement had run out.

I supose I could state my issues in that hearing?

10past6

warrencarr wrote: »

Its deffo a CCJ from Feb 1998 I now have the court number.

I take it Global will try and seek permission from the court to reinforce the debt again, as the enforcement had run out.

It's hardly unlikely, but not impossible.

If they took leave from the court to enforce the debt, they would have to explain why they have not made contact with the time scale (last 6 years) unless you have move constantly.

I have been in the same property for 7 years, been on the electrol roll for sametime, yet Global recently tried to screw me.

Should I get called to court, that will be my defence.

To be honest, I wouldn't lose any sleep over it I know I'm not

Edit: One thing you can do, as you have the CCJ ref, call the court and ask, when was the last action on this account., regarding mine, it was 1998 trhe last time the creditor contacted the court, again, I will use this in my defence if I have to.

warrencarr

Top person 10past6,
1998 was the last time for me 2.

Night-owl_6

warrencarr wrote: »

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.

I would like to put your mind at rest because from what you have said this debt has become un enforceable.
It is now become a "statute barred" debt.
As there has been no contact from the Lloyds TSB in six years the debt s cannot be legally enforced, it's important you do not acknowledge or pay towards the debt as you start the clock ticking again.
My strong advice to you is to NOT pay ANYTHING towards the debt at all.
Read the article from UK insolvency helpline detailing what to do and how to go about it, there are also sample letters to send.
Their link is:

http://www.insolvencyhelpline.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.php

But whatever you do dont pay towards the debt at all or you will start the six year clock ticking again.
Seek advice from your local CAB office or the national debt line.

Hope you get it sorted

warrencarr

Trouble being is thats its a CCJ not a standard debt, The court in 1998 said it needs paying.

rog2

warrencarr wrote: »

Trouble being is thats its a CCJ not a standard debt, The court in 1998 said it needs paying.

10past6 has got it 100% right, wc. Debts where a CCJ has been issued are not covered by the Limitation Act, 1980, therefore they can not become 'Statute Barred'. However the claimant must have a very good reason to ask the Courts to enforce a CCJ which is over 6 years old.
In my opinion, Global appear to specialise in searching for unsatisfied CCJ's that are over six years old and then trying to collect on them.
I would not worry too much - in the unlikely event that Global do go to the Court, then you need put in your defence that you were unaware of the original CCJ and, since no action had been taken, until now, to 'enforce that ccj' you had, at the time, been unable to submit a defence. As the original claimant appears not to have taken the matter any further, then Global is going to need a pretty convincing argument in order to get this CCJ enforced.

Just one point, for Night-Owl - although the Limitation Act is not applicable, in this case, it is worth remembering that, should a 'debtor' start making payments towards, or acknowledge in writing, a 'debt' after the 'Limitation Period' (Six continuous years in England and Wales - Five continuous years in Scotland) then this does not 'start the cycle again'. Once a 'debt' becomes statute barred, it remains statute barred. This means that, once a debtor has told the creditor/dca that he/she will not pay the debt because it is 'Statute Barred' (the ONLY reason he/she need give) then that 'debt' can no longer be pursued through the Courts. A 'debtor' may use his rights under the 'Limitation Act' even if he has been making payments, providing there had been a provable 'Limitation Period'.

warrencarr

A big thanks to you rog2I will keep people informed

warrencarr

I have received all the info from GDR that they have, there is no credit agreement, just a few account numbers etc
I have replied with this letter.

Global Debt Recovery
PO Box 123D
New Malden
Surrey
KT3 4QW

Dear Sir/Madam

Re:− Reference Number XXXXXXXXXX

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

I'm not scared anymore, I have spoken to quite a few people about this now, I know that its not covered under the statued barred act, I feel that even if they do have the original document, I will allow them to take me to court, and I will get a solicitor to take on my case, every solicitor I have breifly spoken too are very keen to take on the case, They are also intrested that I had to suffer 6 years bad credit due to this CCJ that I never received and couldn't defend myself.
Well the letter goes in the post recorded on Tuesday, fingers crossed.

warrencarr

I heard back from Global Debt Recoverythere client informed them that copy documents are no longer available, for this consolidation loan and therefore they have closed their file.
FEELS LIKE I HAVE WON THE LOTTERY, YES!!!!!!!!!!!!!