can an old debt get a CCJ?

[MIKE770]

Re: can an old debt get a CCJ?

do not fill it out, other will be along soon, so sit tight for now the onus will be on them to prove any payment i.e. how/when/etc

do not acknowledge the alledged debt either ! so do not contact them until peeps have commented on here!

[Caroll54]

Re: can an old debt get a CCJ?

Thank you Mike..... Maybe there may be a glimmer of hope, thank you and everyone who has helped me , ...... But I'm not going to get my hopes up.

[FlamingParrot]

Re: can an old debt get a CCJ?

Oh, so they do not have a duty to get back to me, so that's final then.

They may respond, but in principle, the obligation to respond to a CCA request ends when judgment has been obtained.

So will the CCJ just sit on my credit report? Or can they then bring other actions against me?
Thank you for your reply,

With a CCJ the creditor can apply to the court to enforce it in various ways such as:

• A charging order - if you own property, the debt can be secured against it
• An attachment of earnings order - if you are employed, they can get your employer to make deductions from your wages
• A warrant of execution to send bailiffs round to levy on goods that can be sold to repay the debt
• A third party debt order to take money from your bank account

CCJs don't go statute barred, so even when it drops off the record, it can still be enforced. That means even if you are unemployed at the moment, if you get a job in the future, they can still apply for an AoE order. There's no time limit as such, although if the creditor took no enforcement action in the first 6 years, they won't be able to enforce the judgment after that, but 6 years is a long time.

[FlamingParrot]

Re: can an old debt get a CCJ?

]If they or anyone claims you owe money they can bring an action against you .
Then you will have a chance to defend [/COLOR]Plenty of claims are made not all true not all won in Court.

Thank you Walesman for your reply, fingers crossed that will be my result.

In this case, judgment has already been obtained. If I remember correctly you were going to apply to have the judgment set aside and were going to use statute barred in your defence, weren't you? :noidea:

Have you done your N244 application?

[FlamingParrot]

Re: can an old debt get a CCJ?

Re: Cabot financial uk ltd.

The above debt has been assigned to our client Cabot , by virtue of the assignment Cabot has had Assigned all rights and title to your debt, and thus is entitled to collection of the same.

Mortimer Clarke solicitors are instructed to act on behalf of our client, Cabot.

We have requested a copy of the agreement from our clients and will forward it to you when it's available.
we can confirm: 1) the balance originates from a hire purchase entered into with on line on 14/12/2001, bearing agreement number xxxxxxxxxx
2) the agreement was terminated 14/06/2002. We can form the amount owed.
The limitations act 1980 sets out the rules on how long a creditor has to issue legal proceedings against a debt they owe, it gives the creditors 6 years to issue proceedings, from the date the agreement is terminated, or the last credit was received, this last credit was recieved on 31/03/2009, therefore the account is not statute barred..

I'm getting a bit confused here because I can see you got a notice of judgment dated 17/09/2014 because you did not respond to the claim and did not submit a defence, yet they've sent you a letter rebutting your SBd argument. Did you write to them saying the debt is SBd?

we enclose an income and expenditure form to complete, and return together with your offer of repayment, to be recieved within the next 14 days.

I have also recieved all bank statements from 2002/2008, and all the standing orders never come out on last day, like they are saying? It may mean nothing, also no signature on letter printed. I have also requested bank send 2009/10 , but do I start to fill out income form, they have given 14 days?? Thanks

Not yet, not if you intend to apply for set aside.

[Caroll54]

Re: can an old debt get a CCJ?

thank you flaming parrot, so what should I di next, I have requested as Kati gave me your link to use the template letters, asking for original credit agreement, so I was waiting for that to come, i think Katie said , then it was something else to add to getting the judgement set aside? So do I wait for the agreement or just send the form off? Thanks
sorry, meant to say, they know what I'm doing, as when I phoned them to ask them to set it aside, they said what were my reason? So I told them , that's how they know,

[Caroll54]

Re: can an old debt get a CCJ?

Just looked on line, and noticed this.

when someone takes a county court judgement action against you, you will be sent forms CCJ forms..... Which I never had.
this form will explain how much you owe, ...... I never had that.
your also sent a admissions for.... Which I did not get

[Caroll54]

Re: can an old debt get a CCJ?

Or, maybe they did not need to do that???

[Caroll54]

Re: can an old debt get a CCJ?

The letters from mortamor Clarke that I received, we're not court papers? And the stamp was printed,

also so on my letter they stated my last payment was 31/3/2009, do I need to phone them and ask for proof?

[Caroll54]

Re: can an old debt get a CCJ?

I have an email from my bank, the last payment made was 27th March 2009.
So they are correct, I was wrong. So now I need to ask, as I have no income, I would imagine they will make my partner pay, so shall I let them know that they are correct, and it's not 6 years.

Sorry guys, I really believed it was over 6 years.

[wales01man]

Re: can an old debt get a CCJ?

They CANNOT make your partner pay

[MIKE770]

Re: can an old debt get a CCJ?

await further response on here next move!

[Caroll54]

Re: can an old debt get a CCJ?

Thank god, it would not be fair on him, we do not have any joint connection ie: banks, name on rent, to be honest... I get a gilmmer of hope, now this, do I have a next move????? I thought it was over 6 , but it's not, and now I feel they have upped the anti....... So I can not ask them to set it aside? ...... What will they do next? .... Thanks for your reply, I really do appreciate it, I just feel it's gone from better to worse, and can see no end to it ????

[Caroll54]

Re: can an old debt get a CCJ?

Thank you walesman and Mike

[righty]

Re: can an old debt get a CCJ?

Word of warning don't (at this point) reveal that you have bank statement as proof that you made no such payment that they claim

Reason: been there done that. Claimant in matter I was involved in suggested alleged payment might have been paid in cash

Suggest you ask them how the (alleged) payment was made, then come back here and tell us what they claim