2nd CCJ Threat

[Stephen Blake]

I received a CCJ in 2008. I fought it because I maintained I did not owe the money claimed for. The original judgement was for £600.
The CCJ was removed from my file in 2015.
I have received several letters from a company that say they have taken over my debt and are threatening to take me back to court for non payment. Can they do this?

[nemesis45]

Re: 2nd CCJ Threat

Good morning Stephen,

Can you give us some more details on the debt, and the result of the original claim?

Which company is now threatening a further claim?

With some changes within various companies within the UK debt purchase industry there has been problems of debts being passed around with little or no information on previous collection and/or enforcement activity.

nem

[Diana M]

Re: 2nd CCJ Threat

I received a CCJ in 2008. I fought it because I maintained I did not owe the money claimed for. The original judgement was for £600.
The CCJ was removed from my file in 2015.
I have received several letters from a company that say they have taken over my debt and are threatening to take me back to court for non payment. Can they do this?

Was the original CCJ an instalment or a forthwith order?

Have you kept up with any payments due or paid it off in full?

The CCJ entry on your CRA file may have fallen off but that doesn't mean the CCJ no longer exists (unless you've paid it off). Sadly a CCJ doesn't go statute barred after six years.

What is the new company threatening? Could it be enforcement action on the CCJ (if it remains unpaid)?

If that is the case and years have gone by in silence from the Claimant, then they may have some difficulty unless they can give the court a jolly good reason for not pursuing you earlier.

Or is the new company wanting go back to the drawing board and issue fresh proceedings in ignorance of the original CCJ in 2008?

A little more background to this debt will go a long way.

Di x

[Amethyst]

Re: 2nd CCJ Threat

I received a CCJ in 2008. I fought it because I maintained I did not owe the money claimed for. The original judgement was for £600.
The CCJ was removed from my file in 2015.

Sorry Stephen could you clarify a little ( maybe it's just because it's Monday morning !)

Was a judgment for £600 awarded against you in 2008?

(just with you saying you fought it I'm not sure if you mean you lost and got a judgment, or it was a default judgment that you applied to have it set aside in 2015 ? - if the CCJ was got in 2015 it would have been removed from your credit file in 2014 (six years) )

[Steve Blake]

Re: 2nd CCJ Threat



I held a T-Mobile account, I’munsure when I first opened it, which I conducted in a very satisfactory manner.

I was in the process of leavingT-Mobile, in 2008 when I received notification of a phone being ordered in my name anddelivered to an address in Bideford on Avon. I telephoned T-Mobile straightaway to protest that I had not ordered a phone from them.

After further investigation Idiscovered that the phone had been ordered by my nephew named .......... He must have had overheard me giving mypassword at some point.
The phone was delivered to......and presumably signed for by him or his partner ......

I protested to T-Mobile that thetransaction had nothing to do with me and gave them all the relevant detailsregarding who I thought may have had the phone, where he lived and other infothat I thought may help them action proceedings against him.

This had not been an isolatedincident. This person has used my name and identity on several occasions.
After giving T-Mobile theinformation, I had expected that they would investigate the fraud that I hadalerted them to and would have taken the appropriate action involvingpolice etc..

Instead I was issued with adefault on my account and a CCJ. I fought, with the help of Experian for many years to have the CCJ removed, to no avail.

As I have said I conducted myaccount with T-Mobile very well, as do I all my credit dealings. I have aperfect credit record bar this one default that should not have been issuedagainst me.
The CCJ stayed on my credit report until 2014 and then disappeared.
I then received a letter from Lowell financial Ltd, demanding payment of the debt and threatening further court action.

[Amethyst]

Re: 2nd CCJ Threat

Okay, the CCJ will have fallen off of your credit file after 6 years automatically.
It sounds like this CCJ should never have been obtained in the first place.

Did you receive the original court claim in 2008 ?
Did you at any point apply to set aside the judgment and defend the case ?
Experian won't have been able to help much with the CCJ I'm afraid.

Is the Lowell Financial letter threatening enforcement action on the CCJ already obtained or is it seemingly completely oblivious and threatening to take court action against you ?

If you can, a copy of the letter, excluding personal details, will be helpful in sorting out a response to them.

[Guest]

Re: 2nd CCJ Threat

I held a T-Mobile account, I’munsure when I first opened it, which I conducted in a very satisfactory manner.

I was in the process of leavingT-Mobile, in 2008 when I received notification of a phone being ordered in my name anddelivered to an address in Bideford on Avon. I telephoned T-Mobile straightaway to protest that I had not ordered a phone from them.

After further investigation Idiscovered that the phone had been ordered by my nephew named .......... He must have had overheard me giving mypassword at some point.
The phone was delivered to......and presumably signed for by him or his partner ......

I protested to T-Mobile that thetransaction had nothing to do with me and gave them all the relevant detailsregarding who I thought may have had the phone, where he lived and other infothat I thought may help them action proceedings against him.

This had not been an isolatedincident. This person has used my name and identity on several occasions.
After giving T-Mobile theinformation, I had expected that they would investigate the fraud that I hadalerted them to and would have taken the appropriate action involvingpolice etc..

Instead I was issued with adefault on my account and a CCJ. I fought, with the help of Experian for many years to have the CCJ removed, to no avail.

As I have said I conducted myaccount with T-Mobile very well, as do I all my credit dealings. I have aperfect credit record bar this one default that should not have been issuedagainst me.
The CCJ stayed on my credit report until 2014 and then disappeared.
I then received a letter from Lowell financial Ltd, demanding payment of the debt and threatening further court action.

Both defaults and CCJs drop off after six years. If it was issued in 2008, it should have disappeared from the records and credit files in 2014 as you say but it doesn't mean the CCJ is gone as such. From what you say, the judgment was never set aside so it still exists, even if no longer on record.

Did you make payments towards this judgment during those six years?

If not, did Lowell attempt to enforce it, for example, with an attachment or earnings or a warrant of execution to send bailiffs? These days they are referred to as warrants of control but between 2008 and 2014 it would have been a warrant of execution.

If the judgment creditor did not attempt enforcement during the first six years after the judgment, they'll find the court won't allow them to enforce it now.