unpaid bank loan from 20yrs ago

[Gorang]

Re: unpaid bank loan from 20yrs ago

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

Is there a CCJ showing anywhere at all??

EDIT
Sorry there must be before you know their name

when did they obtain the CCJ out of interest??
and who is the DCA???

I ask as I am wondering if a DCA is starting to look for old CCJ's they can chase

[steve1975]

Re: unpaid bank loan from 20yrs ago

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

Anyone want to give me odds on that guess lol

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

[steve1975]

Re: unpaid bank loan from 20yrs ago

Is there a CCJ showing anywhere at all??

not in the past god knows how many yrs or so as im registered on experian and nothing showing on there

[PlanB]

Re: unpaid bank loan from 20yrs ago

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

Could it be Arrow Global by any chance ?

[Gorang]

Re: unpaid bank loan from 20yrs ago

Or is the DCA 'global debt recovery'???

this could be them

http://www.globaldebtrecovery.com/services.htm

[Gorang]

Re: unpaid bank loan from 20yrs ago

not in the past god knows how many yrs or so as im registered on experian and nothing showing on there

Have you checked with trustonline link that PlanB posted in post 10??

[PlanB]

Re: unpaid bank loan from 20yrs ago

im registered on experian and nothing showing on there

Any entry on a Credit Reference Agency file (such as Experian) is automatically removed six years after the account has been defaulted (contractual payment missed etc) by the creditor . The account history is then erased for ever. What happened in the 14 years that followed good or bad would not be on a CRA file unless it was a CCJ obtained in the last six years.

[steve1975]

Re: unpaid bank loan from 20yrs ago

Or is the DCA 'global debt recovery'???

this could be them

http://www.globaldebtrecovery.com/services.htm

it must be...as there letter heading is 'global debt recovery'
steve.

[thered]

Re: unpaid bank loan from 20yrs ago

I think ignorance will work, or this letter template may be of use

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5:

"an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would point out that in their Debt Collection Guidance, the OFT regard the following unfair or improper business practice for a creditor to:

• pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.
• continue to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred.

The last acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or signed written acknowledgement from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other

[CleverClogs]

Re: unpaid bank loan from 20yrs ago

it must be...as their letter heading is 'global debt recovery'

Perhaps they want their globes back?

[Gorang]

Re: unpaid bank loan from 20yrs ago

I think ignorance will work, or this letter template may be of use

Template letter No because as PlanB said earlier

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

if a CCJ HAS been obtain for this debt then Statute Barred does NOT apply now as a CCJ overrules the limitations act

Have you checked on the link PlanB provided, to see if you can find a CCJ for this debt

I strongly suggest that you do this FIRST before you send any statute Barred letter

If you send SB'd letter then that could just alert them they do have the correct person, they then can apply to the court for permission to enforce the judgement, and as PlanB has said they would have good grounds to due to you moving addresses a few times

Also as you said in your first post

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

did you ever know for sure that you had a CCJ for this account or were you just thinking there was one as you found it difficult to obtain credit????

One other thing to remember is that, if you have a few defaults on your credit files for different things that will also affect your ability to get credit

So if you were assuming that they had obtained a CCJ then it would be VERY wise to check with trustonline FIRST before you send anything

[CleverClogs]

Re: unpaid bank loan from 20yrs ago

if a CCJ HAS been obtain for this debt then Statute Barred does NOT apply now as a CCJ overrules the limitations act

Including (link) section 24?

[Gorang]

Re: unpaid bank loan from 20yrs ago

Including (link) section 24?

Yip as they can apply to the court for "permission to enforce" AFTER the CCJ has been active for over 6yrs

http://www.moneyclaimsuk.co.uk/helpi...-enforced.aspx

[Gorang]

Re: unpaid bank loan from 20yrs ago

This one give's case law

http://thesheriffsoffice.com/article...beyond-6-years

[CleverClogs]

Re: unpaid bank loan from 20yrs ago

This one gives case law
http://thesheriffsoffice.com/article...beyond-6-years

Thank you. On reading that case - link - it could be argued that enforcement should be statute barred after twelve years and interest on the judgement only permitted for the first six.

But the OP does not know if a CCJ was given against him, or when, and the Registry (if I recall correctly) only keeps records for six years.

The threats from the idiots wanting their balls back also seemed to suggest there was no judgement in place, as they seemed to threaten to sue over the alleged debt and to send in bailiffs, etc - the usual nastiness from a debt collecting parasite with little concern about the "guidance" issued by the Office of Faffing and Twaddling.