I know you won't believe me but who cares... I have a mate, see your laughing already

Anyway, Billy is away with REME just now and has sent me a blu asking if I would ask on here.

Here it is word for word,

Duke can you post on Arrse for me and see what sort of reply you get;

I ran up an overdraft a few years back witha chq book. The bank knew my probs at the time and did fcuk all to help me. Any way they pestered me with letters I offered to pay what I could but they wanted more than I coud pay them. So I never paid the sh1ts anything. I know I was due them the money but they would not listen to reason. So I ended up with a default on my credit file. This will be gone in 10 months and I will have a perfect record.I have not herd from them in 4 years. However, now the time on the default is running out they have put a debt collection agency onto me.

Can they still get a CCJ without serving papers on me?
Is it worth comming up with payment plans even though the debt will be gone in a few months? and I could owe nothing?
If a CCJ was filed against me, would the 6 years of having a bad mark on my file start again?
I know this sounds realy bad, but the default won't be on the file after June, so should I just stay Dark?

Cheers mate, can you let me know what they say asap.

Well folks any ideas would be great. Billys away with REME just now and will be back in a few weeks. My question is... Would his CO need to know if he got a CCJ?
I'm sure that you have to report any court procedings against you, so ahhm "Billy" may well have to declare it. The debt may well have other implications, such as vetting etc. I imagine his chain of command would also take a dim view of him being a financial admin case.

Billy ows the bank money, and should pay it back. If he doesnt, the debt will follow him forever, and the rest of us end up paying higher bank charges for the administration of cases like this. My answer to billy is to pull his finger out and stop trying to duck and dive, it'll catch him in the end.

Mate of mine sold his car to friend via a dealer. Dealer never transfered money, mate got stung, got paid back by the buyer, but whilst sorting out CCJ arrived, paid it or die, ended up in pay office, world of shit, years later vetting fiasco, tell them or your not vetted. Civilians don't get letters to their employers if they fcuk up. Why should we? Easy target ask any Debt Collection Agency.
I offered to pay the money or him. Its only 3k. But like he said its going to be wipped of in 10 months. Why pay when it will be gone once the 6 year thing is up.

I assumed that the Admin folk would know anyway. I also told him to talk to the FO. But whats the point if its going to be wiped off.
Tell your pal to grow up and make an offer of payment.

Your credit file is one of the most important things you own, it deserves to be looked after and cherished.

If the default stands and there is no judgement then settling early gives a good key on your credit fil and is often over looked by many finance houses... an unsettled default is as bad a judgement in many cases.

If there is a judgement and you can argue that you were away etc when the judgement was imposed then you can apply to have it set aside, if you make an offer to pay the amount entirely then the judgement may be removed.

Ignoring creditorsis one of the worst things you can do.
Thanks for that link. It would of been great if it was for me as I live in England, Billy(his real name) lives in Scotland.

there has been no CCJ's as yet, just a default on his account. He has moved several times and they no longer have his current address. But the agency has been sending letters to his old address.

So my guess is, as they cant find him they cant serve papers on him. But I could be wrong.
If the address is the last one he provided them with then the judgement will stand and eventually link to his new address.

If he had the money and hasd spent it, then it is owed back.

the county court judge will view the matter dimly if he is so blatantly avoiding payment.
The bank (or any other creditor) is not allowed to contact an individual's employer - it is considered harrassment under S40 of the Administration of Justice Act. It may be that an individual may have signed an agreement allowing a creditor to contact his CO (German banks do this), but I think a UK bank would be on dodgy ground - it's also against the Office of Fair Trading guidelines. Refusal to accept a reasonable offer to pay is also not allowed, so Billy may have a case against the bank.

Interestingly, if a creditor unlawfully contacts the CO, and the CO takes any action, then he has also committed an offence of harrassment.

The official MoD line is that it's a private matter between creditor and debtor.

That said, a CCJ or outstanding debt could be a problem if an individual is undergoing DV clearance.

My Chf Clk advises that as it's not a criminal matter, a soldier does not need to report a County Court Summons for debt to the Unit, but a judgment does need to be reported. That said, it may be in the individual's best interest to do so - most RAOs/Chf Clks will try to help.
I still dont have an answer to the original questions.

Can the agency impose a CCJ without him knowing?

Would the CCJ start a new 6 year bad record or is it dated from the original default.

Don't forget, Billy went though diorvce, CSA crap etc, offered to pay what he could, but was told to **** off from the bank. He never herd from them in years now as the 6 years is nearly up they are trying to track him down. This could result in 12 years recorded bad bebt.

I agree with Billy, dont pay, its nearly up. But it looks like they want him to have this 12 bad debt which is unfair by any means.
If he has documentation to show he made offers of payment and they were refused then the debt will probably be set aside anyway.

I imagine you aren't getting the full story.

You cannot expect a finance house to allow a debt so blatantly knocked to go unpaid.

A judgement can be obtained without him being present so long as papers of notice are sent to the last address he informed them of. If he hasn't kept the bank upto date of his whereabouts he is in breach of the terms and conditions laid out on the account and will probably be registered on the Hunter system.

A simple call and a offer of payment will ensure no Judgement is sought as it costs the creditors money to lodge a claim. If a judgement were sought and he once more ignored it they would probably enfore a warrant execution enabling County court bailifs to attend and remove goods, or put you before a judge to give reasons why you shouldn't be inprisioned for ignoring a court order.
If a summons were issued to Billy's last known address, and not forwarded, the judgment would be given in favour of the plaintiff after 14 days. However, Billy could apply to have the judgment set aside because he did not receive the summons - it's an absolute defence. However, to do this he would have to disclose his new address and the whole process would begin again.

MDN's advice is sound. These things don't go away - it's far better to speak to the creditor and come to an arrangement. This is particularly true where debt collectors are involved - they make their money either by buying the debt from the original creditor, or by being paid a percentage of what they collect. Either way, they are usually more persistent than the original creditor.
ViroBono said:
However, Billy could apply to have the judgment set aside because he did not receive the summons - it's an absolute defence. However, to do this he would have to disclose his new address and the whole process would begin again.
Correct but he would have to appear in court in order to have the judgement set aside, the other party would also more than likely appear and oppose the setting aside and show the breach in terms and conditions.

The judge could then cut out the re issueing and unless settlement can be obtained enter another judgement to replace the one being set aside.

Would it not look funny that you never recieved the summons yet found out immediatley that a judgement had been entered against you.

If you call a credit collection agency they are interested in one thing, money... they would rather not spend it, make them a reasonable offer, chances are credit agencies don't amend your experian / equifax file anyway and the default will no longer show after the six year period passes by.

If the bank have breached the data protection act, ie tried to contact you through CO or writing to the camp then you stand a good chance of the debt being written off, but this is a lengthy process and you already look like a dodger.
Everyone is right - easiest to pay up.

However, he could always over to pay a smaller sum in respect of complete discharge from the debt. Credit cards often take this form of payment as full and final settlement.

The only drawback here is that the terms of the acceptance are usually disconcetingly vague. They pupport to accept your offer and then sue you for the balance.

You say he lives in Scotland, if the contract was made under Scottish Law then he may have a different remedy under the terms of the civil law system employed there - unfortunately as English Law in respect of debts is statute made and usually much harsher, at the bottom of the contract it usually says that the law applicable is English Law.

Just pay up - much easier, and after all he is in the wrong.
I think creditors take a favourable view of a part payment in final settlement if there has been ongoing dialogue and they perceive genuine hardship (leaving them to take whatever they can get rather than nothing at all). If this chap has been dodging them and they sense he may be able to pay back the debt in full, they may not be at all sympathetic.
Also the 6 year period is ballocks...they creditor can reapply the CCJ every six years and banks tend to be pretty **** about this stuff and tend not to let it go. i had a rough spot with my bank when i was medically discharged because the money stopped coming in. took me a while to sort it but got there in the end. Tell "Billy" to bite the bullet and make an offer of payment, everything in writing from now on too, no more phone thing i found out is the people you talk to on the phone cant be bothered to make full transcript notes on your account when you phone in so you get a verbal agreement and then phone back to querey something and theres no reccord of the conversation, the bank clerk is not allowed to give you anything other than thier 1st name and it happens to be the most comon name on the planet half the time.

The CCJ (if it gets that far) and Defaults will follow him, through linked addresses, after all, when you move you inform BT, British Gas, The elecetricity company, and they are all licenced Credit brokers, who make an entry on your personal credit file. the bank or debt collector can apply for your credit file at any time and take a read...

for £2 you can get your own credit file and check it for anomalies.

i had a company track me down through my driving licence...not sure if it was legal.

Anyway the best course of action is to pay the debt. as has been mentioned before - the costs are passed onto the rest of us if he shirks.

We all moan when imigrants get free stuff...this is no different really...he had £3000.00 of good times on us.

Tell 'Billy' that everything is fine. He'll not get any CCJs and that he can continue to live like a King. He needs to realise that you only live once and you should make the best of it. Just ignore the reminders and spend, spend, spend.
Baddass said:
Tell 'Billy' that everything is fine. He'll not get any CCJs and that he can continue to live like a King. He needs to realise that you only live once and you should make the best of it. Just ignore the reminders and spend, spend, spend.
You're my sort of advisor - I like it.

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