Help with notice of CCJ

[Shmarco]

Hi All!
I'm after some advice if anyone could help.
I have just received a letter from Drydens Fairfax Solicitors, on behalf of their client Arrow Global and the CCJ entered against me on December 2014. Currently £5000. With 14 days to respond. This is the first I have heard of this debt. I left the UK in 2009, and returned at the end of 2017. The account number is a 16 digit number, so looks like a credit card not cleared before the move.
I went to the citizens advice, I was greeted by a lovely pair of elderly volunteers, and explained the situation and asked for advice. Unfortunately they had no clue on what to do, and acted as if they had never come across such a situation. The lady, (in her 80's) then went to ask her supervisor and after a while returned with a draft letter which she advised I send to the solicitors. Which read:
Dear Sir/Madam

Account No:

You have contacted me regarding the account with the above reference number, which you claim I owe.
I have no knowledge of any such debt being owed and I dispute any personal liability for this debt.
Please do not make any further contact about the above account unless you can provide evidence of my liability for this debt.
I await your written confirmation that this matter is now closed.
I look forward to hearing from you.
Yours faithfully,

Do you guys think this is the right path to go down? This is the first I have heard of this debt/CCJ, and I had been out of the country for 5 years before the date of the CCJ.
Any advice would be so helpful, as I need to respond asap.

Many thanks in advance,

V

[charitynjw]

Hi V, & welcome to LB.

No,that letter wouldn't do you much good.
That's a 'prove it' type of letter, normally to be used well in advance of any court claim.
In your case that particular boat sailed a long time back.
It would appear that you already have an averse judgment against you, so you'll need to find out some info, & from there decide what to do about it.
When & where (what court) was the judgment handed down?
Did you give a forwarding address to the original creditor when you moved back in 2009?
Was the account in dispute?
*It looks like Arrow squeezed in a default judgment just prior to the alleged debt became statute barred (6 years time limit from 2009 would have been 2015...5 years in Scotland.)
They have now traced you to your current address, & are wanting to enforce the judgment.
(Again there is a 6 year window....CCJs do not have the same kind of time limit as given by the Limitation Act 1980.....but it does become more difficult to enforce a judgment after 6 years.)

Have you been onto Trust Online to get details of the CCJ?
& would you have any viable reason (other than just moving in 2009) to have the CCJ set aside?

*A bit of an assumption on my part that Arrow were the one's who secured the judgment, but it is normally an assignee (new owner of the debt) who, having bought a non-performing debt for pence in the pound, now want to chase for the full monty.

[Shmarco]

Thank you CharityNJW!

What do you think my next move should be? Do you think I should contact them and try to negotiate the repayment? Is it possible to try to reduce the amount or, because it was set by the court, It is a fixed value? Its annoying that the first I have heard of this debt is only now, after it has been escalated to this situation. But, no I didn't leave any forwarding address, and kept no record of the account. It was back when credit cards were regularly posted through the door, and being young it was easy to fall for thinking credit wasn't a problem. Live and learn I guess......V
I will get the info of the CCJ

[Shmarco]

The CCJ is from December 2014 from C O U N T Y C O U R T B U S I N E S S C E N T R E for the same amount that the solicitors are now asking for. Do you think they will add any fees to this as soon as I acknowledge the debt?

[charitynjw]

If it were me I'd reply with a 'Without Prejudice' letter, saying that I'm poor/have little disposable income, & I will have to go to the court to request time to pay. (Make it sound like forever.)
Also, as I (you) have only just been made aware of this CCJ, I'm seeking legal advice re setting the judgment aside & have been asked to gain your consent to do so. (A bit of bluff is ok! )

I have in the not too distant past contacted a Claimant & said that I had the (time-limited) opportunity of borrowing some money (family, friends etc) & I was in the temporary position of offering £XXX, which I would be prepared to offer as a FULL & FINAL payment. Give a date when the offer expires.
Get their agreement in writing first before making any payment

[charitynjw]

The CCJ is from December 2014 from C O U N T Y C O U R T B U S I N E S S C E N T R E for the same amount that the solicitors are now asking for. Do you think they will add any fees to this as soon as I acknowledge the debt?

The danger would be if they employed bailiffs to recover...that would ramp up the money.