14 year old CCJ

[Guest]

Re: 14 year old CCJ

so I shouldn't follow the 'advice' from Celestine and flaming parrot?

.

Just caught this. No this is not what I meant at all.

You should look at the information provided and make up your own mind.

[buggaluggs]

Re: 14 year old CCJ

Just caught this. No this is not what I meant at all.

You should look at the information provided and make up your own mind.

aah right, sorry, misunderstood you.

[FlamingParrot]

Re: 14 year old CCJ

Just caught this. No this is not what I meant at all.

You should look at the information provided and make up your own mind.

Indeed, which is why I asked the questions as to whether they are actually taking/threatening/attempting any enforcement action. Going by the reply below, I'd say there's no need to do anything as things stand at the moment, we were just discussing the issues surrounding ancient CCJs.

They haven't threatened to enforce the CCJ at all, the initial letters I received in 2009 all threatened court action (CCJ) if I didn't pay so I sent a stature barred letter and a SAR, they then came back with a copy of the original judgement obtained, so they obviously hadn't realised there was a judgement in place when they began sending letters.

Various forums I have frequented before finding this one and other peoples threads I have read. Some state nothing can/will be enforced after so long, some state in recent years, judges just grant them and people get screwed over. Think there is a thread on here about a 16 year old ccj being enforced.

No charge on my property, I didn't become a home owner until 2004 (interestingly, I never saw this CCJ on my credit file and it didn't affect us getting a mortgage!)
It was in the transcript I received in my SAR, they mentioned that my ex partner had 'gone away' from his last known address

[buggaluggs]

Re: 14 year old CCJ

I just hope they never do try to enforce and if they do it wouldn't be upheld.

[FlamingParrot]

Re: 14 year old CCJ

No charge on my property, I didn't become a home owner until 2004 (interestingly, I never saw this CCJ on my credit file and it didn't affect us getting a mortgage!)
It was in the transcript I received in my SAR, they mentioned that my ex partner had 'gone away' from his last known address (his parents address)

This is rather strange, since CCJs would remain on record for 6 years, and if it was obtained in 1999, it would still have been showing up in 2004. :noidea: I can only assume that some lenders were not being very thorough with their checks at that time, those were the years when lenders went wild offering all sorts of mortgages: self-cert, sub-prime, 125% LTV. It is possible they may just have searched the last 3 years.

I received the latest statement 2 weeks ago, already suffering with anxiety and depressions for unrelated matters and I decided to look into this as I was concerned as to them sending me statements but not actually asking for money, which I found odd!

My guess is, the statements must be issued by an automated system that churns them out every year without anyone actually looking at the account.

[buggaluggs]

Re: 14 year old CCJ

This is rather strange, since CCJs would remain on record for 6 years, and if it was obtained in 1999, it would still have been showing up in 2004. :noidea: I can only assume that some lenders were not being very thorough with their checks at that time, those were the years when lenders went wild offering all sorts of mortgages: self-cert, sub-prime, 125% LTV. It is possible they may just have searched the last 3 years.

My guess is, the statements must be issued by an automated system that churns them out every year without anyone actually looking at the account.

CCJ was obtained in june 2000, so was only just over three years old when we started the mortgage process in October 2003. we sold and got another mortgage in 2005 and a remortgage in 2007. I have had my credit file over the years and never saw it myself!

When I rang them, they told me that they only send letters to my ex, they also told me that no payments have been received since 2009, when I queried the statement they sent me that showed only a small payment in 2005, she couldn't explain this discrepancy or why the balance hadn't decreased if payments had been made.

I have offered a 50% settlement of the original judgement (verbally over the phone) to just get rid to be honest and if they refuse because of the interest they think I am obliged to pay, I will mention the section 130 and see what they say.

[buggaluggs]

Re: 14 year old CCJ

ok, my offer has been refused! surprise surprise!

They tell me that interest is owed and that's that, I pointed out that I have never received proof of section 130 applying for the interest and they fobbed me off by telling me to seek legal advice.

I have rang national debt line who have advised me to send off another SAR specifically asking for proof of the section 130 notice that was sent within 6 months of the original judgment and the subsequent 6 monthly notices (assuming they have been applied for) and complain to link about them giving me false information with regards to interest post judgement if they cannot provide them.

What has concerned me more is that I have been advised that a statutory demand can be served on me anytime in the future as this is not classed as new action under s.24 of the limitations act and bankruptcy is not covered under the limitations act.

[buggaluggs]

Re: 14 year old CCJ

https://www.nationaldebtline.org/EW/...s/Page-05.aspx

this states that there is no limitation period to make someone bankrupt if they have a CCJ.

[Guest]

Re: 14 year old CCJ

ok, my offer has been refused! surprise surprise!

They tell me that interest is owed and that's that, I pointed out that I have never received proof of section 130 applying for the interest and they fobbed me off by telling me to seek legal advice.

I have rang national debt line who have advised me to send off another SAR specifically asking for proof of the section 130 notice that was sent within 6 months of the original judgment and the subsequent 6 monthly notices (assuming they have been applied for) and complain to link about them giving me false information with regards to interest post judgement if they cannot provide them.

What has concerned me more is that I have been advised that a statutory demand can be served on me anytime in the future as this is not classed as new action under s.24 of the limitations act and bankruptcy is not covered under the limitations act.

Yes NDL are pretty clued up on the post judgment interest situation, the burden of proof is on them to show that the requirements of the act have been met regarding the interest.



It is a technical point regarding thr SD and I would argue that section 24 would block any action on CCA debt but there are people on here who can help you should it happen, I would consider it unlikely.

[Crazy council]

Re: 14 year old CCJ

this states that there is no limitation period to make someone bankrupt if they have a CCJ.

correct, although there are some technical hurdles for them to overcome.

the only thing thats in your favour is you say there is no asset in your house, but if they think there will be, they will take action.

I did mix up the LO CCJ thing, but i still think am correct about the rest of what i said.

By some of the other things you said you would have a good chance of defending any claim, If its gets to the stat demand stage, then the costs start rolling. I stand by the general advice i gave you early in what to do if they can enforce it.

Listen to the advice from the others see if they can block it. But nows the time to take affirmative action,

[buggaluggs]

Re: 14 year old CCJ

my best bet I think is to get link to wipe the interest (unless they can produce all the section 130a) and my offer of settling for half the original judgement sounds better than half of what they think I owe.

I have started writing my letter to the DCA and am trying to decide how to best word that I want copies of the section 130 notices.

I have googled this notice and have discovered that sending notifications of these notices was only a requirement after 2008. So, my CCJ could have interest added post judgment as it is pre-2008 and the original credit agreement allowed it! Although I am not sure if they can charge interest post 2008 on my debt or not, I assume they can add it whenever the mood takes them!

So I have now two options. Begin making payments towards this £9300 debt and when I have paid the equivalent of the judgement amount of approximately £4300, ask for a certificate of satisfaction from the court and hope the DCA don't sue for post judgement interest. (apparently has never happened, but I have read on forums that it has)

Ignore them and hope they don't one day apply to make me Bankrupt!

I give up.

[Guest]

Re: 14 year old CCJ

The transitional arrangement for the introduction of the section 130 notice state that they are effective whenever the agreement was made and form the introduction of the section which as you say is 2008

However there is still the county court act as earlier in this thread which prohibits the interest being added to the judgment on a consumer credit debt.

There was some case law which you would need to distinguish, National Westminster bank I think, got a judgment for post judgement interest just before the legislation came in and changed things. However the action was pretty specific in that the inters was actually itemized in all the relevant paperwork including the judgment itself, I do not think you would have a problem.

[Guest]

Re: 14 year old CCJ

Just to be clear, they would have had to send notice between 2008 and now to claim interest within the period in any case

[Celestine]

Re: 14 year old CCJ

I really would not be making a DCA offers, especially in writing.

[buggaluggs]

Re: 14 year old CCJ

The transitional arrangement for the introduction of the section 130 notice state that they are effective whenever the agreement was made and form the introduction of the section which as you say is 2008

However there is still the county court act as earlier in this thread which prohibits the interest being added to the judgment on a consumer credit debt.

There was some case law which you would need to distinguish, National Westminster bank I think, got a judgment for post judgement interest just before the legislation came in and changed things. However the action was pretty specific in that the inters was actually itemized in all the relevant paperwork including the judgment itself, I do not think you would have a problem.

What do you mean with regards to 'they were effective whenever the agreement was made'? in regards to the section 130

How did the Natwest case change things? Interest doesn't seem to be itemized on my account, just added. It is apparently contractual but I have no idea if the amount is correct.