CCJ from 2000

[Jonsey21]

Hi guys I’m new to this forum so hope I’m posting to right place. During the last year or so I have received letters from Mortimer Clarke solicitors and they have sent someone to the house but I was not in, they posted a note through the door saying contact them and the neighbour said they were taking photos of house and car. They say I have an outstanding ccj from June 2000 so 21 years ago, I do not know what it’s for as I had debt issues back then. I wrote to them asking for any info they have on me , copy of ccj and proof they have applied to enforce it after all this time. They wrote back saying they do not need to supply me with any agreements ,documentation etc as there is a ccj in place. The company name they have written as their client is me III ltd. My question is would a court be likely to give permission to enforce a ccj that is so old. And do they have to supply me with the information I have asked for ?
Thanjs in advance for any help

[Tennessee]

Copy and pasted from Amethyst
debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or Debt Collection Agency (DCA) misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or DCA press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to s.40(1) of the Administration of Justice Act 1970.

Some lenders and many DCA's will continue to request money for debts that have lapsed beyond six years. If you find that you are being pursued for a debt that you believe is statute barred, then use this letter.



Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)
Under the Limitations Act 1980 a creditor has six years to chase most unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ. There’s also no limitation period for debts owed to the Crown such as income tax.

If a debt is statute barred it isn’t ‘written off’ and it doesn’t disappear. If a debt is not enforceable it means that if a creditor tries to take you to court, you’ll be able to defend the case and you won’t get a CCJ. It’s also considered to be unfair practice to keep chasing a debt which is statute barred, so you could make a complaint if a creditor keeps pressuring you for payment.

Some creditors such as the DWP have legal powers which allow them to take money from wages or benefits without going to court. They can still do this even if the limitation period has passed.

[Tennessee]

Your name/s
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully



NAME & NAME

or for a single account…

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.



You can send a slightly more in depth version of this letter if you so desire.

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

YOUR NAME

[ostell]

Incorrect information given. A CCJ is never statute barred. Though after 6 years they have to contact the courts to explain the reason for not enforcing, as the OP seems aware.

Someone with a better understanding will be along to provide more information.

[Tennessee]

Incorrect information given. A CCJ is never statute barred. Though after 6 years they have to contact the courts to explain the reason for not enforcing, as the OP seems aware.

Someone with a better understanding will be along to provide more information.

if you look at what I posted and what’s actually there I have not said that. I’ve provided the necessary information he asked for in his original post.

to remove a CCJ he would have to request a set aside via courts. His debt is 20+ years old. He asked for paperwork from the debt company and refused.

if I’ve prompted more help on forum. Than that’s good

[ostell]

No, you said the debt was statute barred.

The solicitors are merely trying to enforce a CCJ and not the original debt so will not have such things as the agreement.

[MIKE770]

they would have to show good reason for not enforcing before 6 years and ask permission of the courts who probably take dim view of and delay!