unpaid bank loan from 20yrs ago

[steve1975]

hi everyone,im new to the forum and after abit of advice really...i had a bank loan 20yrs ago when i was 18yrs old,unfortunatly i fell into difficulty after a year of having the loan as i lost a close family member,i then got in with the wrong crowd,lost my job and so on and so on,needless i did'nt pay the full amount back and never heard anything from anyone in that time as i moved house a few times in the past 20yrs....until last week when i had a letter from a debt collection agency to recover the full debt,now iv been told by a few people that after 6yrs they are unable to recover the debt??? is this true???.
obviously i had CCJ against me for not paying the loan back as i was unable to gain credit for quiet a few years....on the letter i received that if i do not pay them il get CCJ against me...can this happen or are they just trying it on to get the money back with threatening action i.e ballifs and CCJ's etc etc.
any help would be apprieciated.
steve.

[Gorang]

Re: unpaid bank loan from 20yrs ago

Hi and Welcome Steve

So by the looks of things from that letter, they have never obtained a CCJ for the account

Have you checked your credit files with the Credit Reference Agencies just to make sure that there is no CCJ showing on there

A CCJ will fall off your credit history after 6yrs from the date of judgement, so there is a good chance nothing will be showing now, but its always a good idea to check it not there and still active

Also if it has been more than 6yrs since they obtained the CCJ and still haven't collected then they will have to go back and apply to court now before they can come after you, and they will need a very good reason for the application to be successful

If there is nothing showing on your credit files then send a Statute Barred letter to the DCA and see what they reply with

Statute barred letter is in this thread
http://www.legalbeagles.info/forums/...letters-to-use

[steve1975]

Re: unpaid bank loan from 20yrs ago

Hi and Welcome Steve

So by the looks of things from that letter, they have never obtained a CCJ for the account

Have you checked your credit files with the Credit Reference Agencies just to make sure that there is no CCJ showing on there

A CCJ will fall off your credit history after 6yrs from the date of judgement, so there is a good chance nothing will be showing now, but its always a good idea to check it not there and still active

Also if it has been more than 6yrs since they obtained the CCJ and still haven't collected then they will have to go back and apply to court now before they can come after you, and they will need a very good reason for the application to be successful

If there is nothing showing on your credit files then send a Statute Barred letter to the DCA and see what they reply with


Statute barred letter is in this thread
http://www.legalbeagles.info/forums/...letters-to-use

thanks for the reply....il get straight on to it.
steve

[thered]

Re: unpaid bank loan from 20yrs ago

hi everyone,im new to the forum and after abit of advice really...i had a bank loan 20yrs ago when i was 18yrs old,unfortunatly i fell into difficulty after a year of having the loan as i lost a close family member,i then got in with the wrong crowd,lost my job and so on and so on,needless i did'nt pay the full amount back and never heard anything from anyone in that time as i moved house a few times in the past 20yrs....until last week when i had a letter from a debt collection agency to recover the full debt,now iv been told by a few people that after 6yrs they are unable to recover the debt??? is this true???.
obviously i had CCJ against me for not paying the loan back as i was unable to gain credit for quiet a few years....on the letter i received that if i do not pay them il get CCJ against me...can this happen or are they just trying it on to get the money back with threatening action i.e ballifs and CCJ's etc etc.
any help would be apprieciated.
steve.

100% Statute barred

The debt is unenforceable they are just trying their luck.

[CleverClogs]

Re: unpaid bank loan from 20yrs ago

hi everyone, I'm new to the forum and after a bit of advice really...I had a bank loan 20yrs ago when I was 18yrs old, unfortunately I fell into difficulty after a year of having the loan as I lost a close family member, I then got in with the wrong crowd, lost my job and so on and so on, needless I didn't pay the full amount back and never heard anything from anyone in that time as I moved house a few times in the past 20yrs....until last week when I had a letter from a debt collection agency to recover the full debt

Which wunch of bankers has taken to making those threats?

[Gorang]

Re: unpaid bank loan from 20yrs ago

100% Statute barred

The debt is unenforceable they are just trying their luck.

ONLY if they have not tried their luck and obtained a CCJ within the last 6 years (which I would not put it past them to do before they are now sending letters out for a 20 year old debt) so well worth checking credit files

If they obtain a CCJ (by default) within the last 6 years and the CCJ is showing as active on the OP's credit file then the CCJ supersedes Statue Barred and the OP will then need to fight the CCJ BEFORE he can argue the debt is statute Barred

[Gorang]

Re: unpaid bank loan from 20yrs ago

Which wunch of bankers has taken to making those threats?

I will hazard a guess that the DCA's client is ................ Lowell........

Anyone want to give me odds on that guess lol

[thered]

Re: unpaid bank loan from 20yrs ago

If a CCJ is/was the case,surely the OP would know?

After all he would be invited to attend, if this is the case and this has been ignored, then i can see that a CCJ may be granted by default due to a non attendance.

If he is being asked to attend court i would advise he does

I will hazard a guess that the DCA's client is ................ Lowell........

Anyone want to give me odds on that guess lol

BTW
I think you are odds on lol

[Gorang]

Re: unpaid bank loan from 20yrs ago

If a CCJ is/was the case,surely the OP would know? Not necessarily as I only discovered a month ago that I have a CCJ registered against me, and judgement was obtained 5 1/2 years ago, I have NEVER received a summons at all, so presumably it was sent to the wrong or my old address

After all he would be invited to attend, if this is the case and this has been ignored, then i can see that a CCJ may be granted by default due to a non attendance. This is why I would check credit files to make sure a CCJ was not obtained by Default for whatever reason

If he is being asked to attend court i would advise he does Op has NOT been asked to go to court yet for this YET by the DCA



BTW
I think you are odds on lol

The OP has only received a THREAT of court action from a DCA for the 20 year old debt, therefor its advisable to check credit files, JUST to make sure that there is NOT a CCJ registered against the debt, before the Statute Barred letter is sent to the DCA

[PlanB]

Re: unpaid bank loan from 20yrs ago

So by the looks of things from that letter, they have never obtained a CCJ for the account

Have you checked your credit files with the Credit Reference Agencies just to make sure that there is no CCJ showing on there

A CCJ will fall off your credit history after 6yrs from the date of judgement, so there is a good chance nothing will be showing now, but its always a good idea to check it not there and still active

If there is nothing showing on your credit files then send a Statute Barred letter to the DCA and see what they reply with

The only way to check if a CCJ has been obtained is a search of The Registry Trust not Credit Reference Agencies. The OP has moved home several times so he will need to search all previous addresses. Here's how to do this online: http://www.trustonline.org.uk/search-yourself/

I would recommend the OP does this before sending a SB letter. Even though the letter may be well-crafted there is always the danger of making a slip-up and acknowledging the debt. If there has been a CCJ then it will never become SB although the creditor will have to return to court for permission to enforce the judgment. If the OP has not given the creditor their change of address in the intervening years then this may be good enough reason for the court to re-activate the judgment.

I'd keep my mouth shut if I were the OP :tape:

[Gorang]

Re: unpaid bank loan from 20yrs ago

Thanks for that PlanB

I didn't know that you could search yourself to see if there were any CCJ's against you

So if the OP finds a CCJ then is it best to ignore the DCA's for now??

And if it gets to the stage that the DCA's (or claimant) are satisfied they have found the OP, and they then apply for permission to enforce from the court

Is it just a case of deal with that when it comes, by way of applying for set aside and defend it, providing the OP has a good defence that can be used??

[PlanB]

Re: unpaid bank loan from 20yrs ago

Is it just a case of deal with that when it comes, by way of applying for set aside and defend it, providing the OP has a good defence that can be used??

An application to set aside a county court judgment should be made within 14 days. So I think 20 years later may be a bit of a stretch.

In theory there is no time limit for a set aside application which is based upon non-receipt of the court papers. But if the OP has moved addresses (as they admit) several times in the interim and not given the creditor a forwarding address (as they admit) the claimant may have been entitled to issue a summons to the 'last known address'.

http://www.nationaldebtline.co.uk/en...e_county_court

The OP says in the first post that they already had a CCJ for this debt years ago

obviously i had CCJ against me for not paying the loan back as i was unable to gain credit for quiet a few years.

[PlanB]

Re: unpaid bank loan from 20yrs ago

100% Statute barred

The debt is unenforceable they are just trying their luck.

A county court judgment is never statute barred. The OP says that there is already a CCJ.

obviously i had CCJ against me for not paying the loan back as i was unable to gain credit for quiet a few years.

[thered]

Re: unpaid bank loan from 20yrs ago

I cannot see a claim tbh, i would ignore it like Plan B said

Worst case scenario if you are in difficulty and they did press you into court is that you fill an in comings and outgoings form in and go to court (Make sure it shows you in defict) Offer £1 a month

Not worth them taking a chance IMO, Judges are lenient when it comes to debt and you cant get blood out of a stone as they say. You only pay what is affordable

The debt is that old they probably paid a penny in the pound for it, IMO they are just chancing their luck. I would expect nothing
more than maybe a letter once a year or maybe more offering to cut it by 50% ect

[steve1975]

Re: unpaid bank loan from 20yrs ago

it's 'global debt recovery'....never heard of them myself lol