CCJ - Neither Original Creditor nor DCA can provide reference

[DanDare]

Hi,

I have one other thread going that tells the full story about my current situation.

Basically, i need a specific answer to a specific question. In 02 the Student Loans Company obtained a CCJ (allegedly) against me, this has never appeared on my credit checks over the years. I now have a DCA (Link) who were soldloans in 08.

Raised dispute with link and asked them to provide reference for alleged CCJ and they have failed as has Original Creditor. They have chosen instead to send me copies of my original student Loans applications.

I have responded by stating that the original loans were superseded by the alleged CCJ and therefore they are able to provide a legitimate reference for the judgement therefore, the alleged debt is unenforceable. .......Am i correct?

[FlamingParrot]

Re: CCJ - Neither Original Creditor nor DCA can provide reference

Raised dispute with link and asked them to provide reference for alleged CCJ and they have failed as has Original Creditor. They have chosen instead to send me copies of my original student Loans applications.

I have responded by stating that the original loans were superseded by the alleged CCJ and therefore they are able to provide a legitimate reference for the judgement therefore, the alleged debt is unenforceable. .......Am i correct?

Once a CCJ has been obtained, the debt has been enforced, therefore it can't be unenforceable. Having said that, the creditor would need to apply to the court to be able to enforce the judgment and they would find it very hard to explain why they have left it for so long to enforce.

CCJs drop off the record after 6 years, so this one would have dropped off 5 years ago, that's why it can be difficult to trace. I would ask them to provide evidence that a CCJ exists in the first place, student loan applications do not constitute evidence of a court judgment. :nono:

[DanDare]

Re: CCJ - Neither Original Creditor nor DCA can provide reference

Many thanks Flaming Parot, i have asked them three times and each time they provide a reference that is rejected by Northampton CCBC as 'not legitimate reference' and used this to stop payments. I have recently had their Final Response to my complaint where they again use the same/wrong reference and claim to know the judgement amount!? My argument is how can they, when they don't even have a legitimate reference for a judgement?

[FlamingParrot]

Re: CCJ - Neither Original Creditor nor DCA can provide reference

Many thanks Flaming Parot, i have asked them three times and each time they provide a reference that is rejected by Northampton CCBC as 'not legitimate reference' and used this to stop payments. I have recently had their Final Response to my complaint where they again use the same/wrong reference and claim to know the judgement amount!? My argument is how can they, when they don't even have a legitimate reference for a judgement?

If they can't show evidence of a CCJ, they won't be able to apply to the court to enforce the CCJ, which they would struggle to do anyway due to the time elapsed. :thumb: