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Main site > Forums > Essential Money > Debt-Free Wannabe > 7-year-old Next Directory debt from debt collecto...
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      TheForce86
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    • TheForce86
    • By TheForce86 16th May 18, 11:35 AM
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      What's this?

    TheForce86
    7-year-old Next Directory debt from debt collector...
    • #1
    • 16th May 18, 11:35 AM
    7-year-old Next Directory debt from debt collector... 16th May 18 at 11:35 AM
    I am not sure if I am in the wrong forum or not. Recently, out of the blue a court letter arrived from County Court Business Centre with a form attached for me to complete as I was ordered to submit my earnings and offer what I could pay each month to repay the 7-year-old debt, which was £285.29 but they added on court fees and now I have to repay £415.29 - So I submitted my earnings and stated very clearly I could just about manage to offer £10 per month. I have since received a letter from the court saying the claimant (Debt Managers (Services) Ltd) has objected my offer of repayment and the court has ruled against me and I am now ordered to pay £140 per month!!!

    I phoned up the claimant's 'solicitors' (Restons Solicitors Limited) as they are the designated payee on behalf of the Debt company (claimant). I told them this has really distressed me and I do not earn enough to pay out £140 per month for a debt that should have been written off and this is a debt that was originally from Next but I hadn't used it in years and Next clearly sold the debt to this debt company and I'm very suspicious about it as they would not send me a copy of the court document I completed which detailed my earnings, they claim that I have £800 spare each month to use!! I told them this is incredibly false and if I had that amount of money spare each month I would have paid the debt already! They were not helpful. I used their reference for the money 'owed' on their website to log in and see if anything was available online, yes the balance is there but it also states on there "No formal agreement has been made to repay the balance owed" and the letter which details the 'judgement' does appear to be questionable itself.

    Surely this debt has been written off by now as it has been over 7 years since I last made any payment towards it via Next and it is now a Debt company chasing this (after all these years).

    Do I ignore this and is this scaremongering from a debt company and solicitor?

    I didn't think a debt collector could take you to court?

    Sorry!

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      EssexHebridean
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    • By EssexHebridean 16th May 18, 12:26 PM
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      What's this?

    EssexHebridean
    • #2
    • 16th May 18, 12:26 PM
    • #2
    • 16th May 18, 12:26 PM
    Have you checked to see if this is a County Court judgement against you? It sounds as though it may be and if it is that potentially means a different way of dealing with it. I take it that you still have a copy of the form you filled in detailing your income and outgoings?
    MORTGAGE FREE 30/09/2016
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    Sorry!

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      TheForce86
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    • By TheForce86 16th May 18, 12:33 PM
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      What's this?

    TheForce86
    • #3
    • 16th May 18, 12:33 PM
    • #3
    • 16th May 18, 12:33 PM
    I am going to call the court today and ask if this is real case. I foolishly did not scan a copy of the document they required me to fill out and return. I only received one letter prior to judgement letter which contained the form to fill out and return and there was no evidence from them that I owed this money only stating that the claimant has made a case against me for the money and nothing more apart from that I urgently needed to responded, even though this is debt collector not Next as it appears they have nothing to do with this.

    Sorry!

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  • National Debtline
    • #4
    • 16th May 18, 1:47 PM
    • #4
    • 16th May 18, 1:47 PM
    Hi there


    Unfortunately it sounds quite likely that you do have a CCJ, but you can contact the court to confirm this. Debts do not automatically get written off but they can become statute barred. That means if there has been more than 6 years where you have not acknowledged the debt in writing, no payment has been made towards the debt and no county court papers have been issued, the lender has run out of time to collect the debt.


    However if you receive court papers you are required to enter a defence to say the debt is statute barred, otherwise a CCJ can still be obtained. It may be very difficult to challenge the CCJ now as you have already responded to the claim and made an offer of payment. I'd advise you to get in touch with one of the free debt advice agencies for more help with this. Best of luck with it.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps

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