I moved house in 2008 and asked my bank to change my correspondence address which they duly did, however they stopped sending me credit card statements and my credit card details ‘dropped off’ my online banking. I believe the statements may have continued to be sent to my old address but I have no way of checking this. In the intervening four years, I had no phone call, no letter – nothing at all – from the credit card company saying I was late on a payment or that they were chasing me.
I realise its naiive on my part, but I clean forgot about the credit card – I had already cut it up and stopped using it months before.
A couple of months ago, I got a ‘random phone call’ with someone asking me to confirm my name, DOB, address, etc, etc before they would speak to me – I hung up thinking it was a scam – I am now wondering if that was the debt recovery company.
Cut to July 2012 and I receive a county court claim form for a County Court Judgement (CCJ) unless I pay £4,428.49 – this is made up of:
£3,155.00 – ‘Original’ debt
£1,108.49 – Interest added under s69 of the County Court Act
£85.00 – Court Fee
£80.00 Solicitor’s Costs
… With only 14 days to pay in full. Luckily, I managed to claw together the money (I had to borrow a big, big chunk of it) and paid this off in full before the due date and have therefore not got a CCJ (I think! …I’m still awaiting a receipt and confirmation that they’re not taking any further action)
1) Didn’t the CC company (who are also my bank, so they know where I live because I have my home mortgage with them!!!!) have an obligation to try and contact me by other means (eg, picking up the telephone just once in four years??!!)
2) Did the company who (I presume) purchased the debt do it correctly? I’ve heard something about the fact that they have to have a copy of the original agreement.
3) Were they able to sue (Go for a CCJ) me for the money so quickly?
4) Can I claim it back??!!
Many thanks in advance – I look forward to hearing from you
While I can understand your concerns here, I think you sort of already know the answers to your questions. But I’ll try to help as I can.
1) Yes, you would think that the bank that issued the credit card, whom you bank with, would have contacted you sooner, or at least sent you some notice regarding being in arrears with the account. As to why they didn’t do this, or what may have occurred I cannot really say, but it wouldn’t change the fact you owed the debt.
2) This is debatable. And also a legal issue. You would need to speak to a solicitor about this.
3) Obtaining a CCJ can be done rather quickly, once a debt is in arrears the creditor can begin the process.
4) I doubt you can claim the money back, but you could always query this with a solicitor and also the courts.
Sorry I couldn’t offer more positive answers or support.
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