Old CCJ being chased by debt collector

[Kelly12]

Hi

I'm looking for some advice regarding a CCJ. Back in 2005 I took out a 12 month interest free loan with Blackhorse for my parents. Unbeknown to me my parents did not pay any money to this loan resulting in me receiving a CCJ in 2007. Apparently at the time the creditor tried to get an attachment of earnings twice and I was also served with statement of means but never received any of these as I had moved address. I never informed the creditor I had moved as I thought the loan had been paid in full. This information has just come to light as I received a letter from a debt collectors solicitor and have also spoken to the local court. I firstly requested proof that this debt was mine but debt collector refused stating that it had already been proved in court and gave me the claim number. The information I have received has been by the court.

As I have just bought a house I am now terrified in case the debt collector tries to get a charging order on the property. I wrote to the debt collector 6 weeks ago and offered them 25% of the debt as a full and final settlement. They wrote back within a week stating that they would speak to their client and get back in touch soon. Since that time I haven't heard anything back. I also sent them an email 2 weeks ago and have not had a response either.

Does anyone know what I should do now as I want to get this sorted and know that it would never go statute barred. I want to pay (hopefully not the full amount) as this is making me ill with worry and want the account closed as soon as possible. I spoke to the court last week and they said they have not been in touch with them and I have also checked the land registry and nothing has been entered there.

If anyone can advise what to do next I would be extremely grateful

[CYNthesys]

Re: Old CCJ being chased by debt collector

The creditor would need a court order to enforce the CCJ as it has failed to enforce within 6 years of obtaining the CCJ.
The creditor would have to convince the court that it had a very good reason for not enforcing within 6 years

[Kelly12]

Re: Old CCJ being chased by debt collector

Thanks for your advice. Do you know if the debt collector decided to enforce the judgement after 6 years whether I would be given prior warning and give the opportunity to defend? Would they also need to produce the original credit agreement again? It worries me that if the judgement was enforced that they would go for charging order, my partner and I share the mortgage and he is completely unaware of this judgement, also our mortgage lender does not lend money to those with CCJ's so it worries me that they might pull the mortgage or increase our interest rate which would obviously cost us more money. Also the debt collector isn't writing to me at my new address, they are writing to me at my parents address so not sure if they even know I have a mortgage, although if they check my credit file I am sure it will be on there I am paying a mortgage along with other household bills which are registered at my new address.

[charitynjw]

Re: Old CCJ being chased by debt collector

Would they also need to produce the original credit agreement again?

They would be seeking permission to enforce a judgment on a case which has already been decided.
It won't be necessary for them to retry the case.
The comparison between actions which are subject to the Limitation act, & enforcing judgments after a 6-year lapse, was discussed in the House of Lords case Lowsley & Another v Forbes [1998]
http://www.publications.parliament.u...29/lowsley.htm