Aussie99

[Aussie99]

I received a letter from shoosmiths 3 wks ago claiming they had a ccj for an old debt from tesco personal finance from years ago.

Then I wk later another letter from money claims court Salford saying shoosmiths application for attachment of earnings order.

I have not worked for over ys as disabled. I sent the money claims a set aside notice, and sent shoosmiths a proof it letter as ccj was dated 2008 so stated barred, and I requested doc proof.

3 days ago shoosmiths reply letter its not statue barred and no docs proof enclosed, ccj not on my credit file, shoosmiths also sent me a letter we will accept a settlement figure.

Money claims centre says they do have a ccj though out of date and can chase me, and both claim they have a charging order on my property since 2009.i have lived at same address since 1995 never received any ccj or final charging order from them ever, and they have not sent any docs proof past or now.

I paid my share cash on shared ownership for this house in 1995,i am disabled and partly sighted.

Where do they go from here

[Amethyst]

Would you possibly be able to post a copy of the letter they have sent you please ( cover over personal details )

Have you actually filed a formal application requesting a set aside of the judgement? This would have been form N244 and probably EX160 for Fee remission.

If the judgement was obtained by default in 2008 it will already have fallen off of the register and your credit file. However if they have applied for a charging order details should be on the land registry data. You can get a copy of that at the land registry for a 3 pound fee from https://eservices.landregistry.gov.u...492.1513854236



This is the part of the limitations act you can quote to them

24Time 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.


However if they already have a charging order then they have already taken steps to enforcement.

What's happening with the attachment of earnings application? Have the court sent you a form to complete?

[Aussie99]

Thanks for your reply, step change are sending out the forms to me, yes the ccj has dropped off my file, I will try online registry regarding final charging order. I struggle being partly sighted due to cataracts. Iam confused that if they have a final charging order, why the letter accepting settlement offer, that confuses me.

[Amethyst]

What forms are Stepchange sending you ?

Sometimes companies that have charging orders would prefer to get half now and write off the rest rather than wait until you sell the house to get their money, it's not that unusual. I suspect they'll only have a restriction anyway if your house is shared ownership.

[Aussie99]

Another I don't understand is if they do have a charging order it says final charging order March 2009 why wait 10 to take me to money claims court for payments, and can they force me out of my shared ownership property now I am disabled. That's if it esists as they have still not sent any proof of documents respective of my recorded delivery request 2 wks ago

[Aussie99]

En 45 and n25 and they have done an income assessment details, but being on disability not employment

[Aussie99]

I do not understand the 10 yrs of no docs no req for payment and now after 10 demand payments

[Amethyst]

It will just be Cash flow and having someone dredge up all the old cases to try get some pennies in - nothing personal.

How much is the actual judgement for?

[Aussie99]

Shoosmiths as expected didn't send me any docs proof, I tried to see citizens advice today as was closed, I have sent my fee for land registry for proof of charges on my property from 2008, I won't be able to see citizens advice now till Tuesday, I need them to help me print of the set aside judgment form and reduction with the fee as I am on ESA lost half my sight to cataracts and typing this with a magnifying class. How long before money claims in Salford say I am out of time. Salford money claims set me a reply back on the 10 th of July saying I haven't completed statement of means n56 form and failure to do so will refer to court and and the court will take further steps to gain info from me. I told Salford I am partly blind and shoosmiths haven't sent me proof and iam awaiting registry docs. I feel so stressed any advice of what to expect would be great.