Finally sorting it out

[markymark]

Hi all, new to the forum which I stumbled across by chance and would appreciate any advice please!

This relates to a bank overdraft I had in around 2010 (unsure of exact date) for approx £2000. Unfortunately at the time, I struggled with my finances and after moving a number of times, discovered relatively recently that this had led to a CCJ in 2015. The debt had been sold to HPH2UK and there was a default judgement against me as I hadn't seen any correspondence relating to this. This was discovered through checking my credit record.

Now having done some preliminary reading of this forum, my understanding is that I could have had some defence against HPH2UK due to their not being FCA authorised(?). I recognise that quite a time has passed since all this first started and I honestly don't have any paperwork around any of this, which doesn't help.

In light of the circumstances, it seems to me that I have two options:

1 - accept that the CCJ is actually quite close to hitting the six-year mark and given the lack of comms over that period, let sleeping dogs lie and wait for it fall off my record
2 - try to fight this on the basis that HPH2UK may not have been able to take it to court in the first instance, but run the risk of making this into something much bigger

Any thoughts on this please? I've done nothing to acknowledge this debt in what feels like a decade but feel guilty about just ignoring it completely.

Thanks in advance

[The Tech Clerk]

HPH2UK Diana Mayhew have you an up date on this company???

[Joanna Connolly Solicitors]

HPH2UK Diana Mayhew have you an up date on this company???

I’ll take a look at this thread tomorrow.

Thank you for flagging up the poster’s situation.

Di

[Joanna Connolly Solicitors]

This relates to a bank overdraft I had in around 2010 (unsure of exact date) for approx £2000. Unfortunately at the time, I struggled with my finances and after moving a number of times, discovered relatively recently that this had led to a CCJ in 2015. The debt had been sold to HPH2UK and there was a default judgement against me as I hadn't seen any correspondence relating to this. This was discovered through checking my credit record.

Now having done some preliminary reading of this forum, my understanding is that I could have had some defence against HPH2UK due to their not being FCA authorised(?). I recognise that quite a time has passed since all this first started and I honestly don't have any paperwork around any of this, which doesn't help.

In light of the circumstances, it seems to me that I have two options:

1 - accept that the CCJ is actually quite close to hitting the six-year mark and given the lack of comms over that period, let sleeping dogs lie and wait for it fall off my record
2 - try to fight this on the basis that HPH2UK may not have been able to take it to court in the first instance, but run the risk of making this into something much bigger

Any thoughts on this please? I've done nothing to acknowledge this debt in what feels like a decade but feel guilty about just ignoring it completely.

No need to feel guilty.

What was the reason for the Default Judgment? Was the claim form served on an address where you weren't living so you didn't receive it? I think that is what you mean but I thought I should check.

If that was the case then you may be looking at making an Application to set aside the CCJ (Default Judgment) which would give you an opportunity to defend the original claim from 2015. Assignment issues and lack of FCA authorisation may be just two arguments to go into battle with.

There may well be more but I'd need more information such as who was the original creditor/bank since this was an overdraft?

I think you should consider Option 2

Di