14 year old CCJ

[buggaluggs]

My ex partner and I took out finance for a kitchen in 1999, him being the 1st applicant, me being the second. Finance was also given for PPI at the same time.
We split up a few months later and I left the property.


In 2009, I began receiving letters addressed to me at my current address but saying Dear Mr xxxx. Stating that they would apply to the court for a CCJ etc so I sent a letter stating the debt was statute barred as it was over 6 years old and I did a SAR.


This showed that actually a judgment was obtained in our absence in June 2000 for £4300, the only payment made after that was for £15 in 2005, I presume by my ex.


All I have received since 2009 is a yearly 'statement of account' in 2013 and 2014 that just shows the balance which is now £9300 (Amount of judgment plus the interest that would have been charged over the length of the agreement from 1999)


How successful would they be in re-enforcing the CCJ now after 14 years? and with regards to the interest, according to the terms and conditions on my original agreement, I should have been notified of any charges and what they were for at the time of them being issued but there is no such letters in with the SAR.
The list of transactions sent to me, is literally a long list of amounts with the DCA name at the top but they didn't even purchase this until 2005!

Just after advice really as what to do as I have been told that a judge is unlikely to grant a re-enforcement after all this time as they have had years and I have also been told that in recent years judges are granting them, no questions asked!

I don't want my husband and children to suffer in this if they decide to make me bankrupt or do an order of sale from a charging order! my anxiety levels are rising.

[Crazy council]

Re: 14 year old CCJ

Hi

When you did a SAR, did you get all docs, or just account related docs. I ask because of an interest in how companies are answering SAR requests, were there are 2 peoples independent and private details contained. Most people just accept the account detals sent without realising a SAR should get you much more

I ask becuase i wander if there is evidence within your SAR as to how they have previously attemtpeed to deal with this, that will be the key if you have to deal with this in court.

On the down side, You signed a finance contract and it defaulted.... Thats the basics principals the judge will look at..

Your argument would be are they reasonable chasing you for it all or your ex, and have they acted appropriately, in time scales and communication attempts.

Just after advice really as what to do as I have been told that a judge is unlikely to grant a re-enforcement after all this time as they have had years and I have also been told that in recent years judges are granting them, no questions asked!

UNLESS THAT ADVISE WAS DIRECT FROM A QUALIFIED SOLICITOR, DISREGARD IT.

I don't want my husband and children to suffer in this if they decide to make me bankrupt or do an order of sale from a charging order! my anxiety levels are rising.

Then act now, look, they are claiming a debit of £9300, thats a lot, but if they start taking action, them costs will rise massivly,

DO YOU HAVE ANY ASSITS, LIKE A HOUSE......... becuase thats what DCA will be rubbing ther hands and counting down the time for.

GO TO A DECENT HIGH STREET SOLICITORS. not a debt manager/collector, a proper solicitor. Get advise of forums and places, and get assitances with documents and getting things prepared, but get back up from a proper legal source, not a negoteator.

How successful would they be in re-enforcing the CCJ now after 14 years

am not sure how things are now but the 6 year rule was about if they had not chased you for the debt for six years it was struc off, once they have a Liability order, i presume its allways collectable.

OK, how would i approach it.....

I might try and argue that there was a six year period between when you left the property and when you were first notifed of the debt ( 2009 ).
and

We split up a few months later and I left the property.

if you did not speak to him about this, or if you never had contact, that might be in your favour, so you did not know he was not paying it ......HINT HINT...

I don't want my husband and children to suffer in this if they decide to make me bankrupt

trust me, if they smell assit, they will do this.......so

PUT YOUR TRUST IN A DECENT SOLICITOR,NOT A DEBT MANAGER...



.

[FlamingParrot]

Re: 14 year old CCJ

Although CCJs do not go statute barred as such, if no enforcement action was taken within the first 6 years, they cannot take action to enforce it afterwards, as per s.24 of the 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.

From what you say above, a payment was made in 2005, however, that wouldn't amount to enforcement action. Enforcement would be things like THEM applying for an attachment of earnings, a third party debt order or a warrant of execution, i.e. ways to FORCE you to pay, or securing the debt on your property via a charging order, not someone making a random payment.

[CYNthesys]

Re: 14 year old CCJ

I 100% agree with what Flaming Parrot has written

[buggaluggs]

Re: 14 year old CCJ

In the SAR was a copy of the original agreement and judgement. A copy of letters sent by the dca including the one sent notifying us they had bought the debt. A 4 page long list of transactions like a bank statement of payments and interest (mostly interest) and what i can only describe as a transcript of either the solicitors or the original creditor making notes of them trying to enforce the debt. This included them looking to see if my partner was a home owner in 2002, it mentions a warrant of execution but goes on to say he has gone away from the address.

they mention trying to pursue me in 2003 and supposedly have my address but nothing else recorded until 2006 which is after the debt was sold. They then record that they have found me in 2008 and they start writing to me.

there was a 10 year period from me leaving the house and finding out about the debt

I own a house with my husband, no equity in it at the moment.

with regards to the time limits mentioned, doesnt action mean new action? Like bankruptcy for example and not enforcement like attachment of earnings, warrant of execution, charging order ( although they can only get a restriction as not a joint debt apparently) so they could attempt to re enforce but not start new action?

I can see a free solicitor but would cost thousands that i dont have if it ever went to court in the future.

[CYNthesys]

Re: 14 year old CCJ

No, it cant mean new action, it means enforcement action but they lost their chance to take enforcement action as 6 years had lapsed from date of judgment

[buggaluggs]

Re: 14 year old CCJ

I have heard that courts will grant an order for re enforcement if a creditor asks for one, regardless of the time lapsed.

That is my worry and the dca is biding their time to do this.

Crazy council who replied first, says to act now, so it could happen and the debt could spiral!!

[Celestine]

Re: 14 year old CCJ

I have heard that courts will grant an order for re enforcement if a creditor asks for one, regardless of the time lapsed.

That is my worry and the dca is biding their time to do this.

Crazy council who replied first, says to act now, so it could happen and the debt could spiral!!

What DCA now owns the debt?

Though Crazy Council responded first, personally I agree with the advice of Flaming Parrot and Cynthesis, the DCA has left this far too long to enforce.

[buggaluggs]

Re: 14 year old CCJ

Link financial outsourcing

I have verbally offered them half the original judgememt to settle but suspect they will decline.

[CYNthesys]

Re: 14 year old CCJ

In my case against YB, lawyers tried to argue in High Court that as a Judgment for costs remained unpaid I should not be allowed to continue the case. Judge was having none of it, he said that as steps to enforce had not been made within the 6 year limitation period they had lost their chance

[Guest]

Re: 14 year old CCJ

http://uk.practicallaw.com/5-505-6193?service=dispute

[buggaluggs]

Re: 14 year old CCJ

Sorry what does yb mean? How old was your judgement? And did you have a solicitor?

[buggaluggs]

Re: 14 year old CCJ

Am i reading this correct that i could fight it and win but i may not win depending on the judge? And in the vase of ridgeway, bankcruptcy could be started?

[Guest]

Re: 14 year old CCJ

Sorry my computer packed up after i posted the link

A judgment can be enforced after six years however the judgment creditor will have to apply to the court for permission under CPR an explain why the enforcement took so long, usually the court is reluctant to grant permission unless the debtor has been in hiding somewhere.

There is no limit on the action under the statute of limitations on judgments, the case law is in the link. section 24 refers to a new action, bankruptcy for instance.
The enforcement of an existing judgment is not an "action" nor is the enforcement which recovers the money due under the order.(charging order etc.)

If this is a consumer credit debt, the interest has to be separate to the judgment sum, and cannot be charged unless , there is mention in the agreement, there is mention in the default notice, a section 130 notice is issued after the judgment and before the interest is applied. Interest cannot be charged for any period before the notice is given.

The interest itself would have to be the subject of a separate claim, although there has been some small claim cases recently where courts have allowed interest to be added to judgment, I believer these are under appeal.

[Crazy council]

Re: 14 year old CCJ

Hi Celestine flaming parrot and CYNthesys

POSTER. TAKE THERE ADVISE NOT MINE, THEY HAVE MORE EXPERIENCE AND AM NOT CONFIDENT ENOUGH TO ADVISE ANY DIFFERENT.

But to you three, can i ask you to clear up my understandings of these matters, myu experience was up to 2009 and i dont know if any case law has changed it since. I thought.

1. a creditor had 6 years after the default to get a LO, after that its hard to get a LO
2. That once a LO is granted, its always enforceable.
3. That if there was a 6 year period, that the creditor had not reasonably tried to collected the debt, that the debitor could use this as a defence.

I know through a case i have been watching with council tax liability orders, from 1999, that the lower courts regularly allow enforcment of these on mass, infact a prison sentence was passed, There debt was from 99, thbe LO was gain ed 2004, enforce 2013 ( THAT WAS IN LOWER COURT,NOIT HIGHT COURT ), there have been a few councils trying to improve there collection rates for CT ( a marker i watch ) by collecting old debts. .