Restons chasting an old debt

[stressedoutwife]

Hi
In 2010 my husdand defaulted on a credit card, as it happened he has taken out PPI, when this was paid into his account it cleared his balance. He then got in over his head, with other issues and for whatever reason the credit card company engaged debt collectors and he ended up with a CCJ. (he was not in a good place and couldnt fight back) The only statement we have shows the PPI being paid to his account, leaving a credit balance. His credit limit was £100. When the CCJ was issued he paid £300, Restons say this demonstrated his acknowledgement of liability. We have no other paperwork apart from the statement we kept.
Are we in our rights to refuse to engage in any payment settlement without them proving we owe the debt? We know we dont owe anything due to the PPI reimbursement, but everyone is ignoring it.
I hope this isnt too confusing!

[charitynjw]

Re: Restons chasting an old debt

Hi sressedoutwife, welcome to LB.

What date was the CCJ?

[stressedoutwife]

Re: Restons chasting an old debt

Thank you!
I think it was Nov 2010

[stressedoutwife]

Re: Restons chasting an old debt

Sorry that was wrong. The £300 was made following many a phone call in July 2010, we then didn't hear anything for 3 years. The CCJ was actually in 2014. My husband doesn't have any paper work for the CCJ, and he didn't know he had a CCJ. The debt collection company at the time got the same statement as Restons showing a credit balance. Apologies for the diffeeence in timeline, it was late last night!

[Diana M]

Re: Restons chasting an old debt

Sorry that was wrong. The £300 was made following many a phone call in July 2010, we then didn't hear anything for 3 years. The CCJ was actually in 2014. My husband doesn't have any paper work for the CCJ, and he didn't know he had a CCJ. The debt collection company at the time got the same statement as Restons showing a credit balance. Apologies for the diffeeence in timeline, it was late last night!

I think I've understood things better now that you've clarified the dates

Why didn't your husband know he had a CCJ? Was it served on an address where he wasn't living at the time? If so he may be able to apply to have it set aside if he can also demonstrate that he would have a good chance of success if he were to be given the opportunity to defend it.

If not, and he simply didn't respond to the claim then he will need to address the issue of the CCJ to avoid enforcement action.

Are you saying that there was a credit balance on the account when the CCJ was obtained?

Who was the creditor at the time (I can see Restons were/are the solicitors)?

Di