CPUT regulations

[notfamous]

Hello

 

I am having an issue with a debt collector who is pursuing a debt which is older than 6 years. This debt collector cannot supply a County Court Judgment for the debt.

 

Recently, I provided the debt collector with my credit report which was free of any Judgment debt. The DCA ignored the credit report, and stated "Judgments are deemed to be active until settled." these people cannot supply any Judgment or Notice of Assignment.

 

Then, completely out of the blue, I received a Statement for the Account which had a balance of £0.00. I have paid an awful lot of money to these people, and I am now pursuing my would be pursuers,

 

Can I use the CPUT Regulations, as these people have repeatedly threatened to enforce the fictitious Judgment?

 

Notsofamous

[BankFodder]

You should be thinking about using CONC

[notfamous]

Hello

 

According to Conc. By telling me they will enforce the judgment, when in fact, they do not have a judgment, I believe that is misleading - am I correct?

 

 

Notsofamous

Edited October 1, 2015 by notfamous
Original is incorrect

[BankFodder]

I've just visited it

[notfamous]

Hi bankFooder.

 

My fault, I too have visited it!

 

Hello

 

As stated, the debt collector cannot provide me with a copy of the Judgment which they pursue. I have received numerous letters which commence in May 2006 through November 2010 which use terms such as:

 

Doorstep Recovery Agents, and instruction to their solicitors to undertake recovery of the debt through the County Court. Surely, this is misleading.

 

I also need knowing: if a debt collector purchases a portfolio of debts from the OC, and that portfolio has a CCJ, what steps would the DCA need to take in order to enforce the Judgment.

 

 

Thanks

 

Notsofamous

 

Hello

 

Sending this debt collector a letter under CUPTR, will this stop the DCA for continuing fabricating as normal?

 

Hello

 

The DCA is relying on two County Court Judgments. However, the DCA cannot locate any such Judgment: what is the DCA's position?

 

Notsofamous

[SabreSheep]

YOu need to start gathering information yourself.

 

Check the trust register for any and all ccjs against you

[notfamous]

Hi SabreSheep

 

See my first post: no CCJ's - if they cannot supply any CCJ or Notice of Assignment is the debt statute barred?

 

Notfamous

[SabreSheep]

If they are claiming they are enforcing a CCJ you need to be sure that they were not achieved in default by sending paperwork to an old or wrong address.

[citizenB]

So, you have confirmed with Trust online that there is NO judgment against you ?

 

I would say, if there was a CCJ - and it is neither registered on your credit file or trust online, then it is likely to be over 6 years old. This does NOT mean that it is not owed, just that the pursuers would need to seek permission of the court to enforce. If the debt (ccj) has been assigned, then they would also need to make an application to the court to replace themselves as the claimants.

 

Do they say who the original claimant for the CCJ was ?