First Episode

[Marserobert]

Hello

My problem commenced in 1989.

1: In 1991 a CCJ obtained by OC
2: Commenced payment: continued to 2009
3: Got very concerened: disputed debt: SAR
4: Shocked
5: They said I had three CCJ's
6: Argued long and hard
7: They conceded they only had one Judgment

My first question is

a) Judgment one is clearly statute barred. They tried to get me to set up direct debit: sent debt to another DCA: searched my credit file.

b) 3 years ago they sent me a created letter telling me the debt had been assigned to them

I have sent them appropriate letters before action.

Comments please

Marserobert

[Curlyben]

Re: First Episode

Judgements NEVER expire.
It's is acceptable to sell judgemented debts, BUT they must abide by the original judgement or take you back to court to vary it.

[Marserobert]

Re: First Episode

Hi Curlyben

My mistake! They never got these twio Judgments in the first place!

THe story is nasty to the extreme.

1: THe Judgment they have is not valid either. They copy I received was a "forthwith" Judgment which they obtained by default. I arrived one day late and another hearing was scheduled for my income and expense hearing. I was then ordered to repay the Judgment debt at £10 per month.

I spoke to the County Court who informed me that the Judgment should show;

a) Re-Determination and a payment schedule of monthly instalments
b) According to the CAB and the Court, the surviving copy of the Judgment has been tampered with.

Marserobert

[Curlyben]

Re: First Episode

That paints a completely different picture on things then.

So under the payments when should this judgement be completed ?

[Marserobert]

Re: First Episode

Hi Curlyben,

I just had the feeling that you might go for the core matter!

Here goes;

The default Judgment was £301.33 plus costs, and I have been paying £10 per month from 1991 until 2009.

I know what your next question will be.

Marserobert

[Curlyben]

Re: First Episode

So done and dusted in 30 months !!!
And you've paid a shed load more, £2160 (ish)

Even with a forthwith this is waaaaaay over the top.

OK so who's the DCA ?

I'm guessing 1st Crud or Marlins.

[Marserobert]

Re: First Episode

Hi Curlyben

No! Red Castle Recoveries and Gothia Limited


Marserobert

[Curlyben]

Re: First Episode

ROFLMAO, Red Castle, oh dear phishermen if ever I saw some.

I know what your next question will be.

So what was it then

[Marserobert]

Re: First Episode

Hi Curlyben

I think you just might have called me an idiot, and asked, "Why did you continue the payment until 2009?

If that be the question?

There was an auctioned car in the equation: the OC instructed me to do that. At the rescheduled hearing the district judge was more interested in my income and expenses. No mention was made about the Judgment debt and I was pretty happy with the £10 per month.

It was not until I got the SAR that I questioned the car auction and the dca did not like that, and duly changed the Statement of Account.


Marserobert

[Curlyben]

Re: First Episode

Nope I don't call anyone an idiot, well not often anyway

Hey £10 a month is an easy payment to overlook, so I can see how that happened.

TBH I'm not interested in the whys and wherefores, just the here and nows.

Anyway, so Red Castle claim to of purchased the debt 3 years ago, well tough luck on them really.

Now I will call you an idiot if your are still paying them !

As and when they demand further payments I would (im)politely tell them to go forth and if they want any further payments then you WILL see them in court.

[Marserobert]

Re: First Episode

Hi Curlyben

I think you just might have called me an idiot, and asked, "Why did you continue the payment until 2009?

If that be the question?

There was an auctioned car in the equation: the OC instructed me to do that. At the rescheduled hearing the district judge was more interested in my income and expenses. No mention was made about the Judgment debt and I was pretty happy with the £10 per month.

It was not until I got the SAR that I questioned the car auction and the dca did not like that, and duly changes the Statement of Account.


Marserobert

[ODC]

Re: First Episode

Personally I would write to them telling them to take you to court to enforce their judgement and then produce the facts an figures and ask His Honour to award a refund of your obvious overpayment,

That way they pay the court costs

[Marserobert]

Re: First Episode

Hi Curlyben

This is just scratching the surface!

Fast forward. Solicitors involved: big arguments: Debts disputed: I have the managing director of Red Castle Recoveries bang to rights.

The solictor offeed me a truce, but I want to crucify the b*****ds

This is the advice that I want.

I have issued a great many LBA's but I am non to sure of the format.

First up is proceeding for demanding and receiving money withour any assignment of debt and no Judgment. THe letter was signed by the managing director

Marserobert
------------------------------- merged -------------------------------
Hi ODC

PLease read my last post and tell me how to do it.

Marserobert
------------------------------- merged -------------------------------
Hi

Please ask me what they did with my £10 per month instalment fro 1991 to 2009.


Marserobert

[Curlyben]

Re: First Episode

What did they do with your payments ?

[Marserobert]

Re: First Episode

Hi Curlyben

Without my knowledge they used the £10 which the Court had ordered for the Judgment debt - and credited my money to a ficticious account.

Curleyben

I really need help on this issue:

The original Judgment obtained by default arrived with an invalid Default Notice and the agreement terminated. The Judgment debt was incorrect as this had been taken from the Statement of Account which had been "doctored"

I have every piece of evidence.


Marserobert