Debt from almost 6 years ago

[ad_coelum]

Hello all, I'm a new member and this is my first post. I would be very grateful if someone helped me out with this issue.Â*

So my friend agreed to be a guarantor for another person around 7 years ago. That person defaulted on the rent and the landlord took both of them to court to recover the arrears. My friend did not attend the court so he doesn't know what the court ordered.Â*
My friend never heard anything about this and assumed that the tenant had settled the debt with the landlord.
2 weeks ago he was contacted by a debt collector and asked to pay for all the rent arrears, costs, and interest, as per a General Form of Order given by the County Court almost 6 years ago.

What are my friend's options in this situation?Â*
Is there any way to find out if there really is a court order against him, and if so get a copy of it? (My friend is reluctant to contact the debt collector because of the possibility of the debt becoming statute barred in 2 months)

Thank you in advance!Â*

Â*

[des8]

He can check here for any County Court judgements or Orders https://www.trustonline.org.uk/

[ploddertom]

Debt Collector - Bailiff - or High Court Enforcement Officer - which one?

[redstar]

Statues barred if 6 years or above

[Amethyst]

Hello all, I'm a new member and this is my first post. I would be very grateful if someone helped me out with this issue.Â*

So my friend agreed to be a guarantor for another person around 7 years ago. That person defaulted on the rent and the landlord took both of them to court to recover the arrears. My friend did not attend the court so he doesn't know what the court ordered.Â*
My friend never heard anything about this and assumed that the tenant had settled the debt with the landlord.
2 weeks ago he was contacted by a debt collector and asked to pay for all the rent arrears, costs, and interest, as per a General Form of Order given by the County Court almost 6 years ago.

What are my friend's options in this situation?Â*
Is there any way to find out if there really is a court order against him, and if so get a copy of it? (My friend is reluctant to contact the debt collector because of the possibility of the debt becoming statute barred in 2 months)

Thank you in advance!Â*

Â*

Hi and Welcome.

As there is a judgment in place the debt won't become statute barred.Â* If there is a judgment and no enforcement has been affected within 6 years the judgment holder will have to apply for permission to enforce first.

He will need a copy of the judgment to know what was ordered. He should have been sent a copy of it at the time if he was named as a joint defendant.Â* First thing is to check the judgment register ( https://www.trustonline.org.uk/ ) and then give court a call and ask if they can provide a copy (they might not be able to after so long ) - if they can't then, once we know who this 'debt collector' is and exactly what they have said ( eg do they already have a warrant of control / are they threatening any action ), they might need contacting to find out.
Â*

[ad_coelum]

Hi all, thanks a lot for the quick replies.

My friend checked trustonline.org.uk and could not find any judgments against him. He will contact the court to see if he can get any information.

The person that contacted my friend works for an insurance company and signed the email as "Debt Recovery Handler".

This is what they have said in short in their first email:


"Dear Mr XXXX,
We act on behalf of XXX, regarding your tenancy where you defaulted in paying the rent.
After proceedings were started against you in the XXX County Court, the judge granted a General Form of Order, ordering you to pay the sum of £X,XXX.XX. Â*
The outstanding balance also attracts interest, applied at a daily rate of £X.XX, accruing from 2014, until the balance is repaid in full.
We require you to pay the total sum of £X,XXX.XX being the outstanding rent arrears, costs, and interest.
We are unaware of any reason why this sum should not be paid and therefore put you on notice that if payment is not received within the next fourteen (14) days, proceedings will be issued against you without any further notice.Â* Such proceedings will include a claim for interest either under the tenancy agreement or pursuant to Section 69 of the County Court Act 1984 and costs."

And this is what they have said in the second email:

"Because you have not contacted us following our previous correspondence, we will now take further action, which might include enforcement of the court order, to recover the outstanding balance for this debt. Costs incurred may also be added to the balance."



Â*

[ploddertom]

Well it does appear to have dropped off the Credit File and for what it is worth this company is hoping that by using lots of threats you will pay up without asking any questions. How they think they can go back to Court for another CCJ on the same debt is mystifying. It is true they can ask to enforce the original CCJ but they would need to seek the Courts permission to do this by explaining why they have left it for so long - good chance they will be denied.

In your shoes I think I would ignore and let them do all the running and only respond if any further Court docs appear.