Cabot/Restons MBNA Card CCJ and i didnt know i had it. ***Resolved***

[hitchy1]

I have today received a rejection to rent a property due to a CCJ on my account from February 2016.

 

I have absolutely no idea what this relates to and my research only gives a reference number at the Northampton CC business centre.

 

The debt is against an address I lived at over 4 years ago.

I am on the electoral register and have been renting my current property for 4 years with no missed payments or issues.

 

I have never received any paperwork for this so called debt including court papers or i would have taken action.

 

There has also been no attempt to get me to pay in the 19 months it has been on my record.

 

Can someone please point me in the right direction,

surely I'm entitled to see evidence and contest it.

 

Should paperwork not have been delivered requiring a signature?

[hitchy1]

Thanks, will do.

What I don't understand is why they aren't chasing payment if a ccj is obtained?

Its not difficult to find someone's new address and its clearly on the search data and on the electoral register.

 

 

I didn't know I had the debt, the rejection has supposedly come from an Experian search

yet when I did a credit score a couple of hours ago it states 577 out of 599 Excellent.

Clearscore states that there is no adverse data on my file.

I don't get it!!

[hitchy1]

I understand that they use last known address, but if you dont know you have a debt then how can you be expected to leave a forwarding address?

 

 

Will i be able to get details and appoint a solicior to try and get it set aside?

[hitchy1]

Ok, will try and get the info tomorrow.

[hitchy1]

But if i do nothing then presumably they can send in bailiffs for a debt i didnt know i had.

 

 

Also its affecting me getting a rental agreement,

ive just lost £400 on an application as i failed the application process so how do i now get a house if i dont resolve?

[hitchy1]

The only info i can find is the case number which i got earlier by paying £4 but it doesnt give any other detail although the sum is for £7k.

 

Back in 2007 myself and then wife were in a debt plan with ccs i think and paid a sum of money each month to cover this

i think they are called stepchange now.

 

We divorced in 2012 and the plan ceased.

I settled a couple of debts which i was aware of and the plan stopped.

 

The only thing i can think of is the possibility of a loan or credit card which goes back as far as 2003 and that company no longer exists so was probably passed to a dca.

 

Im not sure noddle will give me anything more than Experian and Clearscore both of which give me an excellent rating and state no adverse history.

I have had no loans or credit cards since at least 2005 maybe sooner hence why im so unsure.

[hitchy1]

I have received the info or what there is of it from the court.

 

The debt relates to MBNA from March 2003 apparently assigned to Cabot in November 2005.

That would have been around the time that we entered a debt plan with cccs and this was probably a part of it.

 

I have no paperwork or history of the debt and no idea of an original loan whatever that may have been.

 

The balance currently is approx. £1000 more than it was originally.

No paperwork submitted to the court and the solicitors are Restons.

[hitchy1]

to my knowledge it is likely to be around 4 years since any payment was made via the debt plan and then when we divorced there has been nothing and you are correct at that time I wouldn't have left an address.

 

The question now for me is am I entitled to question the legality of the debt and to request info proving it was mine and assigned accordingly?

 

I have been sent all the info from the court via e mail and it is literally 3 lines showing what I already described.

The person I spoke to in Northampton stated there was no documentation.

[hitchy1]

So the ccj is here to stay,

but are you suggesting i now make contact and try and agree a settlement?

 

 

I would have an issue with this because i dont believe the ammount to be correct

and i would want evidence of any agreement.

 

 

Bearing in mind they havent made any attempt to collect on the ccj it all seems a bit confusing.

 

 

Some say dont waste money on a solicitor but is that not what they get paid for.

[hitchy1]

This seems to be the next step.

Is there a standard form or do I just request the details you have stated.

Do Restons as the solicitors need informing?

[hitchy1]

As a matter of interest, below is the full transcript provided by Northampton court business centre.

The date states on or about! do they not have to provide a signed document as proof?

 

THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND MBNA DATED ON OR ABOUT MAR 18 2003 AND ASSIGNED TO THE CLAIMANT ON NOV 21 2005 PARTICULARS A/CNO xxxxxxxxxxxxxxxxxx

DATE ITEM VALUE07/01/2016 DEFAULT BALANCE POST REFRL CR NIL TOTAL xxxxx

[hitchy1]

I did some research earlier and was informed that a set aside could be done on the basis that no attempt was made to verify my address and also that the application for this begins when you become aware not when the ccj was incurred.

Problem is, it conflicts with some of the other info and leaves me confused.

 

Due to it being 2003, don't I have a right to see documentation relating to the original debt as I don't even know what it is?

Is that not the point when I can dispute the details or at least the amount?

for all I know the debt could have had £1000's of pounds added each year.

There is certainly more than a thousand added to the sum quoted in court.

 

If I have a debt then I can take steps to resolve it,

but this is like someone knocking on the door and asking for £5000 I lent you 14 years ago.

Why cant I challenge the validity without feeling there is no hope of success.

[hitchy1]

accepting its my fault for not providing an address,

what about the right to have clarification of the original debt etc.

 

 

If I send of for subject access and don't get the information would that be considered a defence?

 

 

I'm not trying to dent all knowledge here but after 14 years

I genuinely don't know what this debt is for and I have no paperwork at all.

[hitchy1]

So why do they not enforce the judgement?

Its 18 months since they obtained it and i have had no contact.

Presumably they could instruct bailiffs?

[hitchy1]

Thanks for the info,

im still inclined to seek legal advice but for now i need to take a step back.

 

 

One final thing,

i personally never paid the debt management company it was always via my ex's account.

Would this qualify as part of the 6 year period?

If so the time has passed.

[hitchy1]

I havent given a new address and the MBNA card would have been in my name only.

An earlier post suggested i dont do anything as no attempt has been made to collect.

If that is the case and at some time in the future could i negotiate a settlement or should i do it now?

[hitchy1]

I will send to MBNA.

Do I send same to Stepchange (previously Consumer Credit Counselling Service) or do I just ask for any info they hold about me?

 

also as it was in joint names are they obliged to release this?

My current circumstances have enabled me to resolve the rental issue and I don't have any current credit or plans to get any

I'm not worried about the timescale.

 

If push came to shove I could afford to settle,

my concern is that I don't believe the amount is justified and also I'm pretty confident there is no credit agreement.

 

I'm loathe to just pay a lump sum to someone because they have obtained a judgement though a method that is through the back door when they could have contacted me in the first place and with no evidence.

 

Would it be wise to just leave it and see if they try and collect in the future and then settle,

or would it be better to do some form of challenge with a view to getting an agreed settlement?

I was thinking around 30% once I know the debt is mine.

[hitchy1]

Just realised that a debt I have been paying for some time was arranged via Restons solicitors and they were informed of my new address when I moved as they had to authorise the removal of a charging order when we divorced.

 

As Restons is also the solicitor dealing with this issue,

is it not reasonable to advise that they knew the address

or is it the DCA the ones that should have been informed?

[hitchy1]

I have received a letter today from Cabot which claims they have confirmed my address and are now the owners of my MBNA debt and would like to arrange payment.

 

I think this is one that seems to be passed from one dca to another and then goes quiet.

 

Whatever the advice i can guarantee there have been no payments made to any dca’s or other organisations since April 2013 when i was in a joint dmp.

[hitchy1]

I haven’t advised anyone of change of address, are you saying I should and should I respond to the letter or wait for a follow up?

[hitchy1]

Sorry, i had one court case which was settled and have lived at my current address for 2 years. This appears to be the same mbna debt 

 

Presumably i can wait for them to issue court proceedings now they have my address and then can defend it? When i last asked for advice about using a solicitor i was told it was a waste of money.

[hitchy1]

The only detail on the letter is a reference number but the amount is the same as the ccj so im guessing they will be looking to enforce. Should i make an offer of payment?

[hitchy1]

My credit file states no court orders or adverse.

I cant match the reference number on the letter to the reference number on the ccj and i have no previous letters, cards or other ways of checking.

 

I’m fairly confident its the same debt but cant be 100% certain.

Ive always felt that if and when the time came I would have to settle as although they didn't have proof i was unaware of the case and they got the judgement.

 

I still don’t believe the debt was mine but not sure how i move forward.

They have the judgement so I assume i have to pay?

[hitchy1]

I genuinely don't know who may have a claim as it was with a dmp that was with my ex. I have no paperwork or current credit and my file does not show the ccj or all my old addresses. 
My biggest concern now is they surely will want payment. Should I confirm my address and query the debt then wait for next steps?

[hitchy1]

I have just checked again, there is no adverse credit showing and my address is out of date even though i updated the electoral role when i moved a couple of years back. The only searches are from energy providers and the score is fair. I have no credit and no previous credit showing.