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Hi
I'm helping someone else & really really need as much help as possible.
Heres the background.
In Nov 1994 a forthwith CCJ was granted to National Home Loans for £19664.55 for a mortgage shortfall.
28th February 1995 – Attended ****** County Court for hearing re Attachment of Earnings. Case dismissed by Court as on maternity leave from work and receiving under the protected earnings limit.
Last contact with claimant was 19th July 2001 – Further letter received asking for income and expenditure form to be completed.
Then out of the blue, a letter from the court in Jan 2011,an Interim Charge has been granted to Assett Link for @ £30K.
It has also been revealed by Assett that they bought the account in Dec 2010 from Phoenix recoveries (UK) LTD, who supposedly bought it from the original claimant, 6 aug 2007. Assett had themselves substituted as the Claimant on the 21 Dec 2010. As soon as they did that, they applied for the charging order.
No payments have ever been made since the CCJ was granted in 1994.
No contact with OC since 2001 ( they had an address).
No Notice of Assignments from either DCA's.
A SAR was sent to the Solicitor, but they refused to comply.
A CPR Part 18 was sent.
Requesting, a copy of the Judgement order. N30(2). All they have provided is the Court Summons.
No Notice or Deeds of Assignments. Just the application to be substituted as the Claimant.
No statements, showing how the CCJ has increased.
and also, I am fully aware that a CCJ does not become Statute Barred. But beyond the 6 year limitations they must make an application to the court to enforce the judgement under R.S.C. Ord. 46,r.2 (1)(a).
They are stating, that they do not have to comply with this legislation
Westacre & Lowsley v Forbes clearly state that an application must be made to reinstate a CCJ that is more than 6 years old, before seeking to further enforce it. This CCJ is 16 years old.
So, please, please help. How do we stop this.
Debs
I'm helping someone else & really really need as much help as possible.
Heres the background.
In Nov 1994 a forthwith CCJ was granted to National Home Loans for £19664.55 for a mortgage shortfall.
28th February 1995 – Attended ****** County Court for hearing re Attachment of Earnings. Case dismissed by Court as on maternity leave from work and receiving under the protected earnings limit.
Last contact with claimant was 19th July 2001 – Further letter received asking for income and expenditure form to be completed.
Then out of the blue, a letter from the court in Jan 2011,an Interim Charge has been granted to Assett Link for @ £30K.
It has also been revealed by Assett that they bought the account in Dec 2010 from Phoenix recoveries (UK) LTD, who supposedly bought it from the original claimant, 6 aug 2007. Assett had themselves substituted as the Claimant on the 21 Dec 2010. As soon as they did that, they applied for the charging order.
No payments have ever been made since the CCJ was granted in 1994.
No contact with OC since 2001 ( they had an address).
No Notice of Assignments from either DCA's.
A SAR was sent to the Solicitor, but they refused to comply.
A CPR Part 18 was sent.
Requesting, a copy of the Judgement order. N30(2). All they have provided is the Court Summons.
No Notice or Deeds of Assignments. Just the application to be substituted as the Claimant.
No statements, showing how the CCJ has increased.
and also, I am fully aware that a CCJ does not become Statute Barred. But beyond the 6 year limitations they must make an application to the court to enforce the judgement under R.S.C. Ord. 46,r.2 (1)(a).
They are stating, that they do not have to comply with this legislation
It is also settled law that permission is not required from the Court to enforce a Judgement debt by way of a Charging Order when the Judgement debt is more than 6 years old and accordingly the provisions of RSC Order 46 and CCR Order 26 are not applicable (as confirmed in Westacre Investments Inc v Yugoimports SDPR (200
EWHC 801 (Comm)).
EWHC 801 (Comm)).
So, please, please help. How do we stop this.
Debs
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