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Link chasing a CCJ from 2006

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  • Link chasing a CCJ from 2006

    Hi
    I recently got a call from Link Financial chasing a CCJ from a credit card from 2006. On the phone I said I didn’t know anything about it
    I had some financial difficulty at this time and had a house repossessed.
    The amount they claim is for £8000 but I’ve been on the electoral register for years so not sure why this has come back after 13 years!
    whats the best approach?
    Tags: None

  • #2
    If it defaulted / you stopped paying 13 years ago then it is likely the debt is statute barred. Have you been in a debt management plan or anything in the intervening years where you might have made payments ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Hi Amethyst
      I don’t think I have ever paid anything on it! I was never in a debt management plan. After I had my house repossessed due to having to close my business I guess at the time I had nothing left for anyone to take.
      I thought CCJ s weren’t statute barred?

      Comment


      • #4
        Ahhh they already have a CCJ - apologies I thought they were applying for a CCJ.

        Did they get the CCJ in 2006 then? Any enforcement action taken at all in the intervening 13 years? charging order maybe?

        If a CCJ hasn't been enforced within 6 years of it being obtained then the judgment holder has to apply to court for permission to enforce. What are Link actually threatening? and were Link the original claimant?

        The CCJ will have fallen off the register and your credit file, and Link would have to evidence its existence which, after 13 years they may struggle with - so it really depends what happened at the time, if they just obtained a default judgment against you then did nothing until now, they're going to be pretty stuffed.

        Originally posted by for ref Limitation Act 1980

        24 Time limit for actions to enforce judgments.

        (1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

        (2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          The original claimant was a credit card I think they said MBNA. After my house was repossessed in 2007 I’m not aware of any enforcement action and certainly nothing that I’ve responded to in the last 12-13 years.
          I’m not entirely sure what link are threatening yet as I didn’t stay on the line long enough.
          I just said I think you must have the wrong person. She asked my D.O.B. and she said no it’s definitely you and if not I needed to go to the police as someone must have been pretending to be me!
          At that point I ended the call.

          Comment


          • #6
            You can just refuse to answer their security questions as the caller could be anyone fishing for info. Therefore everything should be put in writing only.

            Comment


            • #7
              Hi Ploddertom
              Yes they caught me off guard as I actually thought it was to do with something else!

              Comment


              • #8
                I have now received two letters from Link chasing two HFO debts.
                The letter just states they have not contacted me for sometime as they have had to locate my address and just asking me to contact them. Just ignore?

                Comment

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