Author Topic: Old Debt & CCJ Advice Please  (Read 2754 times)

chucklebutty

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Old Debt & CCJ Advice Please
« on: Aug 26, 2012, 03:12:51 PM »
Hope someone could offer some advice on the following. On 22/08 I received a letter from an investigation agency (Tower) asking me to contact them as they needed help with some info.

This I did and confirmed my name and address and they explained it was regarding an outstanding debt from 1998!! They gave me the number for the collection agency looking after this dept 'Global Debt recovery' I contacted them and they explained that the Dept was in connection to an overdraft that I had with Lloyd's TSB at an address I lived at in 1998. The amount was £2800 but I only lived at this address for 3-4 months and moved without informing them. They are now claiming I owe £5000.
 
More strangely I have had a loan through Lloyd's in the last 10 years so how they can say they couldn't find me is baffling!!

I honestly can't remember having an account with Lloyd's but did live at the address for a short period (only 3-4 months). I did say to the debt recovery adviser that I wasn't aware of the debt however he basically called me a liar!! and said anything I say to them they wouldn't believe because I had originally walked away from the debt.

More worryingly they told me that I had committed fraud by moving address without telling the bank and if I contested the debt then they could begin court proceedings and also the information could be passed to the police for fraud who would prosecute with a possible prison sentence.

I have requested they send me the details outlining the debt, without admitting any liability in writing that the debt is mine. They also mentioned that there was a CCJ issued against the debt and my name at the old address in 2002 but I have never received anything in respect to this debt in the last 14 years either at the original address or at my previous 3 address over the last years (all of which I have been on the electoral role)

I know that after the 6 year period a debt becomes 'status barred' and they have no legal way of enforcing it if no contact has been made. My concern is if there is a CCJ (I checked the Trustonline website and no CCJ's against me from the 1998 address or my current address) however these do fall off after 6 years and as it would be 10 years if their claim is indeed correct and one was issued in 2002 it it still enforcable? would they have to go back to court to enforce?
 
They also threatened me with bailiffs, can they send them out if there is a CCJ issued 10 years ago? and could they go down the route of pushing me into bankruptcy if I refuse to pay it?
 
My credit score is 'excellent' and I don't really want to have this affected. Having read other posts it seems if they could reintroduce the CCJ it would have to be done through the courts to reinstate and permission is very rarely given if the debt is quite old.
 
Any feedback/advice would be greatly appreciated.

James Falla

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Re: Old Debt & CCJ Advice Please
« Reply #1 on: Aug 28, 2012, 04:24:00 PM »
Hello
This seems to be a very strange state of affairs. You are quite right, if you have made no payment towards a debt for the past 14 years and made no admission of the debt in that time it will be statute barred. Even if a CCJ was issued in 2002. If the creditor has not taken further action to enforce it, then after 6 years from the date of the CCJ it becomes statute barred and therefore unenforceable. So again this debt is unenforceable. I would say that this collecting company do not have a leg to stand on. If they contact you again, you should tell them that you simply cannot possibly owe this money and if they continue to contact you you will treat it as harrassment and report them to the Office of Fair Trading and put their fitness to hold a consumer credit license into question.
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michaelmac43

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Re: Old Debt & CCJ Advice Please
« Reply #2 on: Nov 12, 2012, 07:25:30 PM »
Sorry to be so late commenting but I have only just seen your post.


James Falla's advice seems to be spot-on. And yes, the OFT (Office of Fair Trading) has a Code of Practice regarding harassment of debtors. Obviously creditors and their agents do sometimes (often?) break the code but it's no bad thing to remind that collection agency that you are aware of the code, as well as your legal position which appears strong anyway.


I listed the provisions of the code in a blog post earlier this year. I'm not permitted to post the link on this site but you can probably find the info on the OFT's site.