• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

When is a claimant not a claimaint on a CCJ?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • When is a claimant not a claimaint on a CCJ?

    Hi all ,
    I new and wondering if I could get some assistance Please.

    So my sorry story starts with an accident which left we with no job and only benefits to rely on. I contacted all the creditors and told them. I had arrangements in place, with Santander since 2009 via tomlin order. My benefit changed in 2017 and I wrote to Santander , issued a request for statements and told them I would need to change the arrangement and that my Joint Bank account was shutting down.

    I heard nothing , so I rung them and they could not find the account anywhere, they told me they only have files for 6 years. So the bank account shut down and I heard NOTHING... I MEAN NOTHING for 9 years.

    In March 2019 this year I received a CCJ from Northampton on behalf of Santander telling me that I had failed to reply and judgement had been made in my absence with costs , now debt was over £1000.00.I asked the court to set the judgement aside.

    I contacted the Financial Ombudsman (FO) and he phoned Santander, who told him they had sold the debt for many Credit cards in 2014.

    Santander said they had no knowledge of the CCJ as they did not own the debt. They would/could not tell him how or whom the debt was with. They were not taking me to court .

    June 2019 So I went to court ,The "other side" solicitor appeared and I asked him who he was representing … he said Santander.. I said they told the FO that this is not the case and I had a letter from the FO.
    He told me in court that a "debt collector" now owned the debt and had "owned the debt " since 2013. The 2019 CCJ was in the name of Santander. The judge adjourned the case and the new "debt collector" has an opportunity to replace his name on the CCJ as a debtor.

    So the debt is not time barred , I did not receive a claim pack , notice of intention to take me to court , statements , etc . It seems that I tried to get hold of the "owner of the debt" but I couldn't. I am waiting to go back to court . Advice would be great , I considering an IVF, as I cannot keep paying the debt at the same rate .

    Tags: None

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse

Support LegalBeagles


Donate with PayPal button

LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

See more
See less

Court Claim ?

Guides and Letters
Loading...



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Working...
X