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  • #61
    Originally posted by linnite View Post
    Do the debt purchasers know if the debt is enforceable before they buy it?

    I know the answer to that question but I wouldn't post it on the internet!

    Debt collection is a business - the decisions made are solely for commercial reasons.

    An offer could be made to minimise the expense of litigation depending on the amount of the outstanding balance (over £10k they would have to pay the legal costs of the other side if they lost) so it could be a risk-based decision.

    If the debtor is a homeowner the debt purchaser may feel a CCJ is better than a repayment plan because that would turn an unsecured debt into a secured debt. Since October 2012 a Judgment Creditor can have a Charging Order on a property for a CCJ of £1k or more.

    The debtor's financial situation may look hopeless now but they'll take the view that things will improve as the years go by and they'll clean up when the property is sold.

    Di
    Last edited by Diana Mayhew; 30th June 2018, 20:04.
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    • #62
      Can I just check, when I send the form in tomorrow ticking box D, I do NOT complete their financial statement? The paperwork implies I need to provide that regardless of my response.

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      • #63
        Originally posted by linnite View Post
        Can I just check, when I send the form in tomorrow ticking box D, I do NOT complete their financial statement? The paperwork implies I need to provide that regardless of my response.
        Only a Judge can make you supply Income and Expenditure!
        So the answer is NO

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        • #64
          Oh well, LBC response form sent in first class signed for today, ticked box D citing lack of CCA. No income and expenditure form!

          A thought: you have to sign the form. This company already has my signature so no point fretting over it, but for future reference can you electronically sign this form, or not sign it?

          Thanks,

          -linnite

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          • #65
            You can always sign slightly differently and keep a copy. I bet your signature is never exactly the same twice

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            • #66
              Well received in the post today from Idem an acknowledgement they can't currently provide the CCA. They will keep looking, I still owe the money etc.

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              • #67
                May they keep looking for decades!hopefully
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #68
                  Thatís a shame; keep the letter safe.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #69
                    Oh yes, will do, even down to the envelope, thanks to all for your help.

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                    • #70
                      I have said this before not sure if on this thread. I keep all documents safe and I also scan them and keep them not just on my PC but also in the cloud so I have a physical copy and two electronic back ups. Just in case my house burns down and melts my laptop- I still have a copy :-)

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                      • #71
                        Originally posted by linnite View Post

                        July 2018: successfully got the default removed from credit file.
                        Hi there, just reading through your diary... May I ask how you went about getting this default removed? I have the same debt listed twice, once with Barclaycard and once with PRA, who now have the debt.

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                        • #72
                          We made a complaint to Barclaycard about how they conducted themselves when we were in arrears. Barclays are conducting a self-review of how they behaved in around 2013 and are paying compensation to people they have now decided they didn't treat fairly. But our complaint was separate to that. As well as some pretty poor behaviour about charging interest, we fell into serious arrears in about 2011 but they only defaulted the account in 2015 after we had been on a debt management plan for pretty much all that time. So part of our complaint was to request they removed that default. As a part of partially upholding our complaint they agreed to do that and the default is now confirmed as gone.

                          Your issue above, you might be able to get sorted by contacting the 3 main credit reference agencies, they all have a facility for reporting errors. To me that looks a clear cut one that they would agree to resolve.

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