Sorry DX, I forgotten that I had already started a thread on this last year, my apologies.

I hope somebody on the forum can help/advise me please?. Back in 2000/2001 I took out a loan with Chartered Trust/Black Horse Finance and after a while I fell behind with the payments and the debt was sold to DLC who took out a CCJ against me back in 2006 - no payments have been made to this debt for years and is well and truly Statute Barred also there was no enforcement action ever taken as a result of the CCJ. All went quiet with this debt for years until I received a letter from Cabot a couple of months ago which included a letter from Mortimer Clarke stating that they was going to take further action regarding the debt. I contacted the County Court and was told that as the CCJ was over 10 years old it is very unlikely that the debt could be enforced. Anyway again all went quiet until today when I received a letter from Mortimer Clarke which reads as follows: ' We have been instructed to apply for a Charging Order against you should you fail to make a satisfactory payment proposal within 7 days of the date of this letter (the date on the letter is the 27th June)' 'If an acceptable payment offer is not made, an application for a charging order will be made in order to secure the judgement debt against your property and if awarded, may affect your ability to remortgage or sell your property without first satisfying the debt in full. County Court fees and solicitor's costs will also be applied to your debt.' 'If you contact us after the Charging Order application has been made, in order to make an offer of repayment, we may accept that offer if it is affordable and sustainable. However, please note that this will not stop proceedings from continuing and a Final Charging Order being requested.' 'You should note that our client may be willing to accept a reduced amount from you, if you were able to make a lump sum payment now in full and final settlement of the debt. It would be in your interest to take advantage of this offer, and settle the debt now, in order to prevent your debt increasing, and a charge being registered on your property.' 'Please contact us as a matter of urgency on 0333 121 4454 to propose payments and thereby avoid, should your offer be acceptable, the above charging order application being made'. Can anybody help or advise me please?, I don't own my property as I live with my mother, does anybody know on the forum if Mortimer Clarke can make a charging order on a property which I don't own and what is the likely hood of the County Court allowing enforcement action after nearly 12 years since the CCJ was obtained?. Also is it advisable to contact Mortimer Clarke or is best that I don't contact them or this just their way of trying scare tactics into paying a debt that is well and truly statute barred?, also the fact that there could be a potential discount seems suspect as well. Many Thanks in advance.

I need some advice on how to proceed with PRA Group?, over the past years PRA have written to me regarding a debt going back over 7 - 8 years that is owed to Nationwide, just recently they have started writing to me again and their latest letter is not offering their usual hefty discount but instead 'Dear xxxx Could you settle your account?'. Also on their letter they state an agreement date of 13 January 2005, this was not an agreed overdraft but my bank account went overdrawn by a very small amount (just over £10 if I remember rightly) and I was hit with multiple bank charges which caused the account to go even further overdrawn which lead to even more bank charges being added on top, the amount owed according to PRA is £390. After researching the forums I sent the Statute Barred letter to PRA as I was 100% sure that no payments have ever been made by me on this account, today I received a e-mail from PRA stating 'Thank you for your query which we received on 19/05/2017 in which you advised your account has now exceeded the period specified in the “Limitations Act 1980”. Under the “Limitations Act 1980” we have six years to collect the outstanding balance and after this time the debt becomes unenforceable. This means that we are unable to pursue this through the courts. Our records indicate that the last payment made to the account was on 28/02/2017. Please be advised that this payment is deemed as acknowledgement of the debt and as such, would reset the limitations period for a further 6 years from this date. Whilst I appreciate that this may not be the response you were looking for, please be aware that we at PRA Group (UK) remain committed to working with you to come to an appropriate resolution. We have requested documentation from Nationwide. As PRA Group UK Limited do not hold the information internally, we have held your account until our client is able to provide the documentation applied for. During this time you will receive no further letters or calls.' I would like some advice regarding their e-mail as I HAVE NOT MADE ANY PAYMENTS against this debt so I would like to know where they got this date from, I have replied to their e-mail asking for details regarding this payment and I confirmed to them that I have absolutely no knowledge of this payment being made. Are they chancing their luck?

Okay DX, what will be the best direction to go with this?, I don't really want to remain a customer of BH to be honest - not after what has happened.

Helo DX, thanks for your reply No I don't have anything else [removed] thankfully, I did not know that Brighthouse had been subject to a fine from the FCA, though it does not seem to have made any difference.

I wish I could turn the clock back before I decided to become one of their victims (sorry customers), lesson learned and hindsight is a wonderful thing. I am having serious issues with Brighthouse which hopefully you good folk on CAG can help or advise me?. Back in late October last year I took out a credit agreement for a mobile phone which at the time I could afford as I was working and weekly paid which meant Brighthouse was paid each Friday without fail, fast forward to February this year I was laid off without warning/notice - I went in to my local store and they agreed to give me time so that I could get myself sorted, I was told that I would not receive any further phone calls (in a day during the supposed grace period I received 10/12 calls from my local store as well as calls from their Watford office) last Monday I received a unannounced visit from one of their reps and a card was left asking me to contact my store. I went back to my local store to ask to speak to a manager and was told no manager is available and the member of staff made me feel intimidated, I left the store to keep my cool rather then lose my temper. I telephoned Brighthouse Customer Relations and I received a half hearted apology, I explained my situation to the agent and felt pressured and cornered in to a promise to pay the arears on my account which is over £90, I reluctantly agreed to this but I knew I had little to no hope of paying this, I was also told that telephone calls wlll stop but they could not guarantee that there will not be another visit by one their reps. This morning the rep turned up again and I informed him that I am dealing directly with their customer relations team and not with their doorstep agents and that I will be sending the handset back to their Watford office as I will also not be visiting the store again after the way I was treated, the agent offered to take the handset from me but but I stood my ground and told him again I will be returning the handset myself and at my own cost to their head office At this point I asked him to leave but he started asking me questions as to what issues I had experienced in store and he also started getting a tad aggressive, again I asked him to leave as I will not continue to speak to him - at this point he said 'you signed a agreement in the store so you need to deal with them directly, I'm giving you until Friday at which point we will telephone you again and you will receive further visits'. By this time I was getting more and more angry and decided to close the door, the agent returned to his van where he remained for at least 10 minutes despite being asked by me to leave. Now there is a twist to this, according to one of our neighbours this agent was allegedly watch taking a photo of our property with his phone prior to driving away, it also has come to light that the other agent who visited our property was spotted looking through our front windows, I was not at home at this time so I can't 100% verify this. I have sent a complaint e-mail to Brighthouse customer relations this morning but have not had a reply, however I have spoken to a very help full lady via live chat at the FCA who has recorded my complaint and given me a reference/case number as well as a e-mail address for their Director of Compliance. I now have sent their Compliance Director a Formal Complaint as well as a copy of my complaint to the Brighthouse CEO. Whilst I await a response (hopefully) from them should I just sit tight or is there any further action I could take?. Thanks in advance

Another letter received from APEX today, 'Re: Capital One Please find attached a standing order mandate as requested. Please return this to Apex Credit Management signed with all sections completed' Now I starting to get a tad angry with this lot as I have not entered into a repayment plan (letter received yesterday) and now they have decided that I have requested a standing order mandate when I have not requested such information.

I last used the account in October as well as making a payment to bring my account back under it's limit but Capital One kept adding charges so I was just going round in circles trying to pay this off last year, also I never received a Default Notice from Capital One despite a Default being recorded on my Credit file - surely this is wrong on Capital One's behalf as well?.

I have received a letter from APEX regarding a Capital One debt which is in dispute (due to charges and incorrect balance amount s on each statement) despite this Capital One have sent this to said DCA. Their letter 'assumes' that I have entered in to a payment plan, the letter I received today is the FIRST letter that I have received from APEX and I have not contacted the DCA in question neither have I entered in to a payment agreement also I have not received a letter from Cap 1 confirming APEX is managing the account etc. I would like some advise on how to proceed with this?, I have sent APEX a formal complaint by e-mail and have asked for evidence that I agreed to such a payment arrangement when I did not and have no knowledge about, I will wait and see if they respond to me. I feel that this is a discusting that a DCA should decide a repayment plan without my knowledge/consent, I am looking at forwarding this to the FCA. Here is the letter I received from APEX 'Your plan Here is the details of your plan that was created on the 4 August 2016 Installment due date 26th August 2016 £25.00 26th September 2016 £25.00 26th October 2016 £25.00 We have a range of ways for you to make your repayments by the due date each month, which can be found on the reverse of this letter. if you would like the convenience of paying by Direct Debit then we can sent that up for you or you can pay by debit card over the phone. Terms of this arrangement Your arrangement requires that we receive your payments by the due date each month, if , for any reason, we don't receive your payments by the agreed dates your plan will cancel. We do not hold full details of your income and expenditure on our records and we have a responsibility to make sure your plan is affordable and fair. Please complete and return the enclosed budget form so that we can update your account with details of your income and expenses. If we do not receive your completed form, we'll review your plan after three months to ensure that we have up to dare information regarding your financial situation. This will help to ensure that you are the most suitable payment plan. If for any reason you experience difficulty before this time, please call us so we can help you' I hope that somebody on the forum can help/advise. Many Thanks P.S I don't now if anybody on the forums is aware but it looks like APEX are part of DLC/Cabot given the address at the bottom of the letter.

Firstly, many thanks for everybody's help regarding this issue. However I have received another letter today from Mortimer Clarke: 'Dear Sir/Madam Further to our recent letter, we note that you have not contacted us to discuss your proposals to pay the outstanding balance due under a County Court Judgement. It is important that you contact us to discuss your account. Our client requires this debt to be addressed and we enclose an income and expenditure form for you to complete and return, together with an offer of repayment within 14 days. If we do not hear from you, we will take our clients instructions regarding recovery of the outstanding balance.' I am concerned about this letter as it looks like they maybe trying their luck and will end up approaching the courts to enforce this decade old CCJ.

a quick update, I have received the letter from Mortimer Clarke Solicitors asking me to complete an Income & Expenditure form and return it within 14 days or to pay the full amount within 14 days, now what I find interesting is this 'You should also note that our client may be willing to accept a reduced amount for a lump sum payment to settle the debt, Please contact us to discuss if you wish to take advantage of this.' Sounds like they are offering a discount on a debt that is 15/16 years old with a CCJ that was taken out 10 years ago. Hope somebody on the forum can advise?, thanks.

The lady who I spoke to at the court was helpful and explained that due to the age of the original CCJ the court now holds very little information and it is the same with trust on-line as well.

I have just telephoned the court and the Judgement was from back in 2006, the court explained that as this is ten years old it has been removed from the Registry Trust as it is so sold. The court also advised that if any enforcement action was to be taken then they (DLC) would have to apply to the court/judge for permission to enforce a CCJ that is 10 years old and was not originally enforced. What are the chances of this or could DLC/Mortimer be chancing their luck with an old CCJ?

Hello everybody I hope you can help me, today I received a letter from DLC regarding a very old debt from Black Horse Ltd (original loan was taken out through Chartered Trust way back in 2000/2001) with the amount owing of £1,886.59. The letter is as follows: Dear XXXX Your account County Court Claim Number XXXXXXXX We have been trying to work with you in resolution to the above claim for which we have obtained a County Court Judgement. As there is still a balance outstanding, your account has been placed with Cabot Financial (Europe) Limited to act as the agent servicing your account. Their next step is to pass your account to Mortimer Clarke Solicitors. What will the Solicitors do? Mortimer Clarke Solicitors will write to you and explain that they have been instructed to continue court proceedings against you if you do not contact them. They will explain the need for legal action to progress. We hope that you will enter into a payment arrangement that you can afford in order to prevent the need for legal action to progress. You can call Mortimer Clarke Solicitors on 0333 XXX XXXX Your new reference number is XXXXXXXX Now I have not had any paper work from the County Court, the letter I received from DLC is stated as being generated on 11/07, also I thought that a solicitor would have to issue the paperwork to the court for a Claim to be issued even though according to the letter my account is to be passed to Mortimer Clarke? The interesting part of this letter is that they hope that I will enter into a repayment agreement, could this be a trick that DLC/Cabot could be trying to pull?. I have requested a copy of the claim form from DLC as I have not received this and I have also asked for a copy of the original credit agreement and a statement of account confirming when the last payment was made, I have not had any communication from DLC for ages until today. I have checked my credit file and there is no CCJ registered and I am thinking about contacting the County Court Bulk Center to confirm the Claim Number. I hope somebody can help and advise me as I am very concerned. Many Thanks

I returned the faulty item via their returns service and I received a just about legible receipt for the collection, also I have all of the e-mails that was sent to JD Williams and more recently to Lowell.

I hope somebody on the forum can help and/or advise me please?. I have received several letters from Lowell regarding a debt with JD Williams which is in dispute, I have sent Lowell several e-mails advising them that the debt is in dispute (I sent several items back to JD Williams which was faulty but JD Williams never acknowledged the return neither did they credit my account, this lead to charges being applied to my account which caused my account to go over limit and even more charges being applied) Lowell never responded to my e-mails and have kept on calling both my landline and mobile despite me asking them to remove my numbers and requesting all communication in writing. Today I received yet another letter from Lowell but one of the paragraphs has me somewhat worried and angry: 'What happens next' We have a copy of your credit file and are in the process of obtaining your employment details. Once we have this information, we will be in a position to decide what next steps to take which may include instructing an external agency who specialise in legal proceedings. So apart from them supposedly having my credit file they intend to carry on harassing me by obtaining my employment details? surely this is illegal and is a form of harassment?. I have sent another e-mail off to them today and have had a automated response from them so I will wait and see what they come back with, I have also started the ball rolling with the FCA as I have all of the e-mails sent to both JD Williams and Lowell as well as the previous letters from them. Also, as this debt is in dispute with JD Williams should my account been forwarded to a DCA?, JD Williams never acknowledged my dispute and everything went quiet until I received a letter confirming that my account had been passed to Lowell in August (I received this letter in October of last year). Any help/advise will be appreciated.

So even though I have made an attempt to repay the debt, would this be in my favour?. I sent the e-mail regarding my circumstances earlier today so I will post their response.

No I did not sign anything, I received the Attachment of Earnings after the CCJ and contacted the Solicitor and made a repayment arrangement. The Attachment of Earnings was never enforced by the Courts.

I hope somebody on CAG can help or advise me please? Back in 2009 I received a CCJ for overpayment of wages made by mistake from my previous employer, the solicitor at the the time sent me letters which I stupidly ignored and a was issued an Attachment of Earnings by the County Court which was cancelled by the solicitor as I entered in to a repayment agreement. The original debt was for approx £1300 if I remember correctly. I have been paying the debt off since 2009 I have missed several payments due to a member of my family being taken very ill and I have had to reduce my employment hours from full time to part time hours to help care for my family member. The last payment I made was back in September and I was told that there would be no further payment agreements made as my debt could not be held any longer and one of three legal proceedings will be taken against me (Attachment of Earnings, County Court Bailiffs or High Court Enforcement Officers). The present balance of the debt is now £380. I have sent off a e-mail to the solicitors in question making them aware of my present situation and to ask for a last chance to repay this debt but I would like to ask for advise from CAG as this is worrying me sick. 1.As I have made a genuine attempt to repay this debt will the court decide to take further action?. 2.Can the CCJ be re-enforced? (CCJ has now dropped off my credit file). 3.Can this debt be enforced by HCEO's as the debt is under £600 and can the solicitor decide to add loads of charges to make the debt enforceable by the HCEO?. 4.Can County Court Bailiffs be used to enforce the debt and can I still apply to the County Court to make a repayment arrangement to prevent County Court Bailiffs?. I have not been issued any court papers since 2009 but I am worried sick about further court action being taken. I hope that somebody can help/advise me. Thank you.

Just to update you all, I have received a response from MMF regarding my complaint and here is their response: 'Dear XXXX With reference to a recent e-mail dated X June 2014, regarding your account with us. I note that we have previously contacted you to confirm receipt of you complaint and that we are investigating these matters. To date we have not been in a position to provide you with our response to your concerns. We anticipate we shall be able to provide you with our response shortly, however as we are outside the 8 week timescale (56 days) you can now raise this matter directly with the Financial Ombudsman Service (FOS), should you choose to do so. For your reference please find enclosed the company's complaint policy along with a leaflet from the Financial Ombudsman Service (FOS). If you require an additional copy please contact us again. Should there be anything further you wish to bring to our attention, please contact us on 0800 996 1103 or alternatively by e-mail to complaints@mmile.com. Yours Sincerely' A while back MMF forwarded me a copy of the Credit Agreement between Mr Lender and myself, now after looking closely at this agreement it is worded differently from the original that I still have from Mr Lender so this got my alarm bells ringing and I again complained to MMF mentioning that the Credit Agreement was worded different to the original. Is this a standard response from MMF?, as it looks to me that they can't provide a response regarding my complaint and could they be in the early stages of backing down?, it also seems very strange that they are giving me the chance to complain to the FOS, as given their track record MMF like to dig their heels in.

For some reason MMF seem to think that there is fraud involved, well I never said that I never received the loan but its the charges I am disputing, Mr Lender never informed me prior to any charges being applied to my account and also I was never made aware that they had sold the debt to MMF, correct me If I am wrong but should have Mr Lender confirmed to me that it was their intention to assign/sell my debt to MMF?.

Just thought that I would post the response that I received today from Motor Mile Finance regarding my disputed debt with Mr Lender. ''Dear XXXX Thank you for your recent e-mail, regarding your account with us. Firstly I feel it is important to note that the contact information we hold for you was provided to us by Mr Lender who issued you the loan, Mr Lender obtained the information from you during the application process. I can confirm that the details we hold for you have now been removed from our records. I understand your concern to be that you are disputing obtaining the loan currently outstanding with us, in addition to this, you would like to revoke your doorstep licence. Having now had the opportunity to review this matter, I have determined that the loan of £200 was originally issued to you by Mr Lender is December 2013 and we purchased the debt in March 2014. The current balance is £552.08. Please find enclosed a copy of the loan agreement with Mr Lender for you ease of reference. In addition to the above, Mr Lender have advised us that the monies were deposited into a account in your name, following a internet based credit application process. Should you still feel that the debt is not yours, I recommend that you contact the Police regarding this and we will be happy to assist them in any investigation they choose to undertake. Should the Police determine that this is indeed not your debt, we will of course amend our records and your credit file accordingly. Please note that until this information is forthcoming from the Police, we will continue to pursue you for the debt in your name. I feel that it is important to not that to date; we are yet to be contacted by the Police or Mr Lender to advise that a fraud investigation is underway. If you raised the matter with the Police, please can you provide the following information so we may contact them directly: Police crime reference number. Name of Police Officer handling the case. Name of contact number of Police Station where you have raised the concern. Also a copy of your bank statement showing that you have not received the monies. In relation of your notification of your revocation of the doorstep licence regarding our intention to send an agent to your home to discuss the debt. I can confirm that we are fully aware of this and we ensure that we fully comply with the Financial Conduct Authority (FCA) guidance regarding debt collection and visits by agents. You are not correct in your assertion that, under FCA rules, we can only call at your home if you agree to make an appointment. The debt is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit. In law, a creditor is in a different position to a postman or a member of the public asking directions. When you took this loan, you impliedly agreed that the creditor could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the loan has been repaid. Yet you have frustrated our attempts to discuss the matter with us either by letter or telephone. In addition to the above, I note that you have requested a breakdown of the current balance that MMF holds in your name. All charges and interest that has been added to this account was applied directly by Mr Lender. Please see below breakdown of the current balance: Original Loan Amount: £200.00 (it was £185 after Mr Lender deducted £15 from the original loan amount for the sameday funding). Loan Fixed Interest: £70.00 Default Interest: £222.08 Collection Charges: £60.00 Amount Paid £0.00 (Mr Lender refused to accept my offers of repayment). Current Balance: £552.08 In addition to the above, I also note that you feel that MMF has harassed you regarding this outstanding debt. After investigating this matter I can can confirm that no payment arrangements have been agreed in relation to this matter. I also note that we have not received any payments from you towards this outstanding amount. With the above in mind, I do not accept that we have harassed you regarding this account. Please contact us on 0800 9961103 and quote reference MXXXXXXX to arrange a repayment plan for the outstanding balance, or to discuss a settlement. Our collections department is available between 8am - 8pm Monday to Thursday, 8am - 6pm Friday and 9am - 2pm Saturday. We look forward to hearing from you Yours Sincerely'' Can somebody advise me on my next steps with this lot?, I have wrote back to them that I still dispute the debt as I have never been informed of any charges prior to them being added to my account, also MMF have got their wires crossed as I never disputed receiving the loan. I like the part in their letter where they state that 'I do not accept the we have harassed you regarding this account' then in a previous paragraph they state 'we will continue to pursue you for the debt in your name'. MMF also state that 'Yet you have frustrated our attempts to discuss this matter with us either by letter or telephone' - WELL THAT'S GREAT CONSIDERING YOU HAVE FAILED TO ANSWER ANY OF MY LETTERS AND E-MAILS PRIOR TO ME RECEIVING THIS LETTER FROM YOU. Again the usual speil from them regarding the doorstep licence being revoked and that I am incorrect in my assumption,Blah,Blah,Blah - The only time I will call the Police is for their assistance in removing their agents from my property if the go ahead regardless as I STILL DISPUTE THIS DEBT. Also the copy of the credit agreement MMF sent me is worded differently from the original I still have from Mr Lender, again any advice on this?.

Looks like Winterhill Chase are part of the infamous Robinson Way Ltd http://www.chase-solutions.com/ I have sent many e-mails and two letters sent by special delivery (which have been received/signed for this was nearly two weeks ago) to Rob Sands disputing the debt and the charges applied, asking for a breakdown of the debt and also sent a copy of the Doorstep visit letter from the CAG library but I have had no response from him/MMF I have complained to the FCA regarding Motor Mile Finance so I wonder if that will move things along a tad?.

Here is another e-mail from MMF at 03:00 this morning: 'Please contact MMF office on 01138876876 to pre-book a Home Visit appointment, otherwise our doorstep agent may have to arrive unannounced. Ref :MXXXXX' Looks like they think that they will pressure me in to contacting them to arrange a home visit.......and that their 'doorstep agent may have to arrive unannounced', they don't have my permission and is it against the OFT Guidelines on debt collection if they decide to send a agent to my property without my permission? I know MMF think that they are exempt from the law but I would love them to send a agent out 'unannounced' and without my permission........ Also at no time have I received a Notice of Assignment from Mr Lender confirming that they have either assigned/sold the debt to MMF, so is this debt unenforceable as they have not done this or can they still try it on?, in a previous e-mail MMF stated that 'PLEASE DO NOT IGNORE THIS MATTER AS COSTS AND interest WILL SHORLTY START TO BE ADDED TO THE ACCOUNT BALANCE AND WILL GREATLY INCREASE THE AMOUNT YOU WILL HAVE TO PAY.' I have asked Rob Sands for a full breakdown of this debt (which has not been provided nearly two weeks on) and also made them aware that I dispute this debt. So as I have disputed this debt can MMF in their small little world still chase me for this debt which is full of unenforceable charges etc?........

I have sent two letters by special delivery to Rob Sands and many,many e-mails all of which they have conveniently ignored.