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Hi all,
I did a post the other day, but i think i posted in the wrong folder, and with the recent call today, can probably explain myself better.....
Question sits around "what can a creditor / DCA do if they have a CCJ, years after it dropped from your credit file"......
My scenario, (my bad, i did wrong and messed up).........
I had a store card, limit was £100, stopped paying it in Dec 2010. (although at the time, i owed by probably £60 or so).
I moved house Jan 2011...* Un-beknown to me,* a CCJ was placed against me in Nov 2011 , for the amount of £266
I new about this CCJ in 2014/2015 when i did a credit report, looked into it at the time to see what it was for, but didnt do anything about it (ok, i hoped it would just go away, and i would settle for a destroyed credit profile for myself until Nov 2017......)
Soooooooo, 8 years later, i got a call last week from a girl saying she is from the "weston super-mare county court", and asked i call 'Drydens solicitors' onbehalf of "Arrow Global" regarding the CCJ from Nov 2011 ........* At the time, think she mentioned another CCJ or bailiffs, although wasnt clear......
Today, i got another call from the "WARRANT OF CONTROL team" from the County Court.....
I asked** "Given no attempt has been made to seek payment of the £266 CCJ , how is it possible that a warrant of control can be granted for £266 after all these years of 0 comunication".....* I said does a judge or court need to aprove the warrant, to which the girl said "NO" , when a CCJ is issued, a creditor can get bailiffs at anytime they want, and continue to load charges.
I asked again, if a CCJ was made against me for £266, and i have received no communication, ever.... , how can the debt suddenly be increased to £355, and the result is i got you (the warrant team from the court) on the phone saying Bailiffs are coming ?* surely this needs a judge sign off ?*** Girl replies, "she is a trainee", but states with a CCJ, there is no time limit, and claiments can chase and enforce at anytime...
I then said, i havent reeceived any correspondance of any kind, so how am i supposed to defend myself, to which she replied "i can apply to set aside a CCJ" ......
I said the CCJ is no longer relevant from a credit perspective, but either way, i would not ask to set aside a debt which i became liable for back in 2011.....
I said if i am forced to pay the £266 after all this time, I would...* But any extra charges that have been added on, i do not want to pay, and would want to defend myself against those charges....
She said i can apply the set-aside option , to which i said, how can i set aside or defend a claim i cant see, as i have no paperwork, no claims in the post, no phonecalls from the claiment, just you guys (the court) calling me on a 'works' number which only the HMRC/Gov websites hold that number.......
She then gave me a number for Drydens , and a Ref number......
I asked what address she can see for me, as we been in this house just short of 2 years....** She quotes an address we moved from in June 2018... (we had been there since 2014)
She said a letter was sent to that address on 3rd March, and another sent on the 12th....
My thing is this, if a CCJ was granted over 8 years ago for £266............
No chase or enforcement had been made since then....
I now have a "Warrant of Control" team from the courts calling me to say i now owe £355 as "Arrow Global" who own the debt have added charges to the outstanding amount, and will be using court bailiffs to obtain what is owed....
(ok, so bailiffs will be going to an address i dont live at, and from a serving purpose, i will have never seen the warrant or infomation to say bailiffs are coming).....
I am stuck who to call to get legal advice on my options and rights, as the google search for solicitors tends to throw up DCA firms, not a firm who i can pay a small fee for advice on what the law says.....
I have read conflicting info, anything from "its doubtful a judge would award a warrant of control after 6 years of in-activity" , to "a ccj never expires", to "if you owe less than £600, a claiment cannot ask the enforcement officer to seek the monies / EX322 court form" .......
So i am confused, as to how a warrant officer is able to enforce a debt for £266, and then state the actual costs are £355 as the claiment has added charges ?!
Stuck
I did a post the other day, but i think i posted in the wrong folder, and with the recent call today, can probably explain myself better.....
Question sits around "what can a creditor / DCA do if they have a CCJ, years after it dropped from your credit file"......
My scenario, (my bad, i did wrong and messed up).........
I had a store card, limit was £100, stopped paying it in Dec 2010. (although at the time, i owed by probably £60 or so).
I moved house Jan 2011...* Un-beknown to me,* a CCJ was placed against me in Nov 2011 , for the amount of £266
I new about this CCJ in 2014/2015 when i did a credit report, looked into it at the time to see what it was for, but didnt do anything about it (ok, i hoped it would just go away, and i would settle for a destroyed credit profile for myself until Nov 2017......)
Soooooooo, 8 years later, i got a call last week from a girl saying she is from the "weston super-mare county court", and asked i call 'Drydens solicitors' onbehalf of "Arrow Global" regarding the CCJ from Nov 2011 ........* At the time, think she mentioned another CCJ or bailiffs, although wasnt clear......
Today, i got another call from the "WARRANT OF CONTROL team" from the County Court.....
I asked** "Given no attempt has been made to seek payment of the £266 CCJ , how is it possible that a warrant of control can be granted for £266 after all these years of 0 comunication".....* I said does a judge or court need to aprove the warrant, to which the girl said "NO" , when a CCJ is issued, a creditor can get bailiffs at anytime they want, and continue to load charges.
I asked again, if a CCJ was made against me for £266, and i have received no communication, ever.... , how can the debt suddenly be increased to £355, and the result is i got you (the warrant team from the court) on the phone saying Bailiffs are coming ?* surely this needs a judge sign off ?*** Girl replies, "she is a trainee", but states with a CCJ, there is no time limit, and claiments can chase and enforce at anytime...
I then said, i havent reeceived any correspondance of any kind, so how am i supposed to defend myself, to which she replied "i can apply to set aside a CCJ" ......
I said the CCJ is no longer relevant from a credit perspective, but either way, i would not ask to set aside a debt which i became liable for back in 2011.....
I said if i am forced to pay the £266 after all this time, I would...* But any extra charges that have been added on, i do not want to pay, and would want to defend myself against those charges....
She said i can apply the set-aside option , to which i said, how can i set aside or defend a claim i cant see, as i have no paperwork, no claims in the post, no phonecalls from the claiment, just you guys (the court) calling me on a 'works' number which only the HMRC/Gov websites hold that number.......
She then gave me a number for Drydens , and a Ref number......
I asked what address she can see for me, as we been in this house just short of 2 years....** She quotes an address we moved from in June 2018... (we had been there since 2014)
She said a letter was sent to that address on 3rd March, and another sent on the 12th....
My thing is this, if a CCJ was granted over 8 years ago for £266............
No chase or enforcement had been made since then....
I now have a "Warrant of Control" team from the courts calling me to say i now owe £355 as "Arrow Global" who own the debt have added charges to the outstanding amount, and will be using court bailiffs to obtain what is owed....
(ok, so bailiffs will be going to an address i dont live at, and from a serving purpose, i will have never seen the warrant or infomation to say bailiffs are coming).....
I am stuck who to call to get legal advice on my options and rights, as the google search for solicitors tends to throw up DCA firms, not a firm who i can pay a small fee for advice on what the law says.....
I have read conflicting info, anything from "its doubtful a judge would award a warrant of control after 6 years of in-activity" , to "a ccj never expires", to "if you owe less than £600, a claiment cannot ask the enforcement officer to seek the monies / EX322 court form" .......
So i am confused, as to how a warrant officer is able to enforce a debt for £266, and then state the actual costs are £355 as the claiment has added charges ?!
Stuck
