Debt over 6 years old - now have a CCJ

[nwbolton]

Hi,

 

 

I took out a loan with Lloyds TSB back in 2007,

I was paying all ok untill I fell pregnant not long after had baby etc and went on mat leave...

I could afford my loan repayments.

 

 

Eventually the Debt was sold to another company who bought the bebt for x amount of pounds.

The company were hounding me and eventually I just ignored every letter I seen from them.

recently I have become alot better with my money

 

 

in october decided I would look at my credit file

I seen the lloyds debt with a default date of 19-02-2009

 

 

my understanding was that the debt would be 'written off' after 6 years im not sure of the correct term sorry.

 

 

That added up to me that as of the 19-02-2015 the default would no longer show on my account....

 

I looked at my credit report on the 21-02-2015 and there was no sign of the lloyds loan and no sign of the default

 

 

However I logged on again 2 days ago and on the 6th of march 2015

my report is showing I have been issued a CCJ from nottingham crown court for the amount of the lloyds loan

 

I have never had any paperwork from anywhere saying that they are issuing a ccj and I am in the same address.

 

 

My questions are:-

 

 

If the default had ended due to it being over 6 years old

can a company just add a ccj after the date?

-Can a company that bought the debt issue a CCJ?-

 

Can I find out how much the debt was bought for as they are doing the CCJ for the full amount

but i'm guessing they never purchased the debt for that amount.

 

 

-And finally what should my next steps be...?????

 

 

ANY HELP AT ALL WOULD BE MUCH APPRICIATED THANK YOU

Edited March 19, 2015 by citizenB

[SabreSheep]

If you have not moved since you took out the loan then you will need to investigate a "Set Aside"

 

However it is only worth doing this is you have a way of defendingt he claim.

 

Statute barred would be one of them.

 

You need to send a full subject access request to Lloyds TSB ASAP

You also need to find out when you last made a payment of the aacount

Also phone the court and arrange to have the paperwork sent to you.

[nwbolton]

Thanks for your reply.

 

 

The court said that they have sent letters to my registered address in febuary

and they havent had them returned unsent so that counts as served..

 

 

It turnes out that CAPQUEST bought the debt from lloyds TSB for an amount which I dont yet know

and the last aknoweldegment was Feb 2009

 

 

They have Drysden Fairfax solicitors working on their behalf

whom I have just contacted and asked them to send me out a copy of my credit agreement and any statements.

 

 

The lady said she will put the case on hold until they get copies

but the judgement will still stand

 

 

.I dont really have anyway of defending it other than the fact that six years had passed...

[SabreSheep]

Have you checked the court have the correct registered address?

[nwbolton]

Yes they have just told me over the phone and its all correct..

 

 

.. I cant understand why I wouldnt have received them

 

 

I could have dealt with it sooner and possibly avoided a CCJ at least.

 

 

The court have said it would cost £155 to apply to have it set aside but thats only to apply

they could still say the the CCJ stands then I have wasted £155

 

 

I can no way afford to pay the full amount of £9737

 

 

do you think they would accept a one off payment of a smaller amount and call it quits??

 

 

or does it not work like that.

 

 

Am I going to be stuck with this on my file for another 6 years now?

[caro]

I suspect that the claim would have been issued before the 6 years had expired so the clock would have stopped ticking at that point.

 

 

If you got a set aside, then the judgement would be removed but the claim would stand and you would have a chance to defend it.

 

 

It doesn't matter how much the debt was bought for.

 

 

What you owed is what's important.

 

 

If you defend and lose then you would probably end up paying more costs,

so only proceed if you are sure you have a good case.

eg would there have been PPI and/or charges which would make the amount wrong?

 

 

Now they have judgment for the full amount they won't accept any less,

but you could see if you could pay by instalments that you can afford.

I'm not saying don't fight it, but be sure that you have a good case.

[nwbolton]

Thank you.

 

 

So if say they didnt apply for judgement untill after the six years would I have a case??

 

 

I think I did have PPI and I am not 100% sure the balance is correct which is why I have asked for all statements and credit agreements.

 

 

It seems a lifetime ago since I had it.

 

 

I havent rang lloyds yet

 

 

I have only spoken to dysden fairfax and they said they would try and get me copies of my statements and agreements.

 

 

One think the woman did say is that if they couldnt get copies the judgement would still stand anyway... is that correct?

 

 

surely they would need to have something with my signiture on to prove the debt was even mine?

[havinastella]

Fairfax are very economical with the truth, shall we say.

 

 

EVERYTHING they have said on the phone, you can safely ignore.

 

 

They will not do anything they promised you and you will be months further down the line with a CCJ against you.

 

You need to find out the date you last paid towards the account and the date the court papers were issued against you.

 

 

This will give us a chance to see if you have a Statue Barred defence.

 

What month in 2007 did you take the loan out, this is VERY important.

 

I would get the SAR off to Lloyds ASAP.

[caro]

Thank you.So if say they didnt apply for judgement untill after the six years would I have a case??I think I did have PPI and I am not 100% sure the balance is correct which is why I have asked for all statements and credit agreements. It seems a lifetime ago since I had it. I havent rang lloyds yet I have only spoken to dysden fairfax and they said they would try and get me copies of my statements and agreements. One think the woman did say is that if they couldnt get copies the judgement would still stand anyway... is that correct? surely they would need to have something with my signiture on to prove the debt was even mine?

 

Unfortunately because they now have a judgment the debt can be enforced,

 

 

but I wouldn't let that stop you from looking into it with a view to setting aside

 

 

and using the possible lack of a signed agreement in your reasons.

 

 

The date they started the claim is what's important, not the date they apply for judgment.

 

 

The actual date of the agreement is crucial as havinastella says.

[theoldrouge]

if the ccj is listed from mar6th on your report,

it indicates that the claim was issued mid to late January

 

your loan needs to have been taken out prior to 6/4/2007

to consider lack of agreement route