can an old debt get a CCJ?

[Caroll54]

Re: can an old debt get a CCJ?

Roughly 2006, I would need to get in touch with my bank to confirm,
shall I pop into my bank? Also thanks again everyone xxxxx

[Caroll54]

Re: can an old debt get a CCJ?

I have just requested on line for my bank to go back to 2002 when I believe the standing order started, then finger crossed I can get a date when I cancelled, I hope I have luck on my side and I can get the information, thanks again to everyone, I really do appreciate it xxxx

[righty]

Re: can an old debt get a CCJ?

Good when you have advise whether or not it confirms when your payments stopped and when did you get the court papers you say you threw away

[Caroll54]

Re: can an old debt get a CCJ?

Miss FM thanks , I am unable to reply... ( not really up to speed with the forum) and I can't see were to click reply??? It's not there sorry

[Caroll54]

Re: can an old debt get a CCJ?

Well they were not court papers, I have seen court paper before, they made it look official , but the stamp did not look right, and I'm not saying im an expert, but I looked on line, and they say at the top of the paper is a big crest, and it's light blue paper, it was neither, also they enclosed a form that tell them all about money coming in , I looked that up, and it said only a court can ask???? Or did I do wrong????? I got them about 6 weeks ago , and I threw them, I know I should not have done that. Sorry about that, thanks for your help

[MissFM]

Re: can an old debt get a CCJ?

Miss FM thanks , I am unable to reply... ( not really up to speed with the forum) and I can't see were to click reply??? It's not there sorry

Don't worry Caroll, you have replied and it's looking good (looking SB, which is an absolute defence ) xx

[Caroll54]

Re: can an old debt get a CCJ?

I must just add, sometimes , on post there is no reply, like on righty and miss fm ???? Does anyone know why??? Thanks

[Caroll54]

Re: can an old debt get a CCJ?

I. Will try to keep positive.... And maybe I could be ok, but it will only happen as you have all be kind enough to help me . Thanks

[Caroll54]

Re: can an old debt get a CCJ?

I didn't really understand much of that.... So will I have to enter a defence???? Oh that sounds scary .... What does TB'd mean ....... Sorry , maybe when that time comes ( which I am not looking forward to ) Im hoping I will be able to ask for everyone help, I know you have already done so much, and I'm sorry I will have to ask again ...... If that's ok

[MissFM]

Re: can an old debt get a CCJ?

I must just add, sometimes , on post there is no reply, like on righty and miss fm ???? Does anyone know why??? Thanks

Dunno Caroll - maybe we've both been naughty mslx

[MissFM]

Re: can an old debt get a CCJ?

Don't be downhearted!

Everyone here wants to help you, so ask as much as you like - why not put your feet up and have a cuppa while we're at it? This will be sorted - you're in the best hands :tinysmile_twink_t2: xx

[FlamingParrot]

Re: can an old debt get a CCJ?

On line finance, for the car, it was not a personal loan, the car was taken back, as I requested, mortar Clarke I belive sent me letters, and on my credit report its there business centre which is the court name, court date was 17/09/2014. No court of file number.
they did send letters, but as this debt is over 6 years I di not reply, as some people do recommend not get in touch, and they sent letters as a scare tactic, trying to make it look like a court papers,

The DCA do send letters THREATENING court action but I doubt they would send fake court papers, that would land them in extremely hot water.

I would of thought that in order to get a CCJ against me would not happen, it's been over 6 years, how can they do this after this time?. The debt has been to Cabot, and God only knows who else, they have just put it on my credit report? I must admit they did say it would go to court??? So is this going to happen to me?.. I'm just in shock. Yes it was car finance, and they more or less forced me into buying insurances, that were not really any good. I had 2 of them in a room with me and I was on my own.

There are several common misconceptions surround the 6 year limitation period, one is that there should be no contact whatsoever between debtor and creditor, that's not true, the other is that they cannot take you to court over a debt that's time barred, they CAN, but you can also submit a defence saying it's time barred, which is an absolute defence. :thumb:

This is the bad news, I never kept them, sorry, just got off phone from them , given case number, he only has a little information, he said he will send it by post, he says original finance from on line, which is correct, now Cabot have taken , but I have had active capital etc... Loads of them, and he said he will send forms so if I whish to make payments, I know this sounds bad but I don't have money, it's not fare for my partner to pay, it's not his debt, I feel frantic.... But the debt is really old, and when you read on line they say after 6 years they can't do this... So how can I be given a CCJ ... Sorry amethyst... I know I'm going on, but I can't help it ... I'm worries, scared... Everything really

You got a CCJ by default, when there is no response to a court claim, the claimant is entitled to apply for default judgment after a certain period of time has elapsed. You'd normally have 14 days (+ 5 allowed for service) to acknowledge the claim, if you don't, they can apply for default judgment, and that's what must have happened here.

You could apply to have the CCJ set aside on the grounds of not having received the court papers. :thumb:

[FlamingParrot]

Re: can an old debt get a CCJ?

Can I just please ask.... They won't send bailiff to my house and take things..... I just can't stop thinking about it or will the make my partner pay.

Although in theory, once they've obtained judgment, they could apply for a warrant to send bailiffs, in practice this method of enforcement is not used very often for consumer credit debts. Most bailiff trouble comes from council tax arrears or magistrates fines.

Even if there is a CCJ they still cannot enter your home unless you allow them OR if you leave a door or window open its called "peaceful entry"

They would have to apply to the court for a warrant of entry/enforcement

I believe this is no longer the case under the new regs, they can only gain entry through somewhere you'd normally use to gain entry into your home, so an unlocked door, yes, but a window? Not unless you normally enter your home through the window.

Yes I stopped the £3.00 payment over 6 years ago, thanks for your help, I know I keep repeating myself ... But how can they put a CCJ on my credit report without court papers??? I still can not believe it, stupidity I thought after all the different times the debt had been sold, and the time it has been ..... But I am wrong, now I'm scared... And I can't see any end to this situation

also I was given letters claiming to be court papers, but once again I have been stupid and thrown them

They probably WERE court papers.

[FlamingParrot]

Re: can an old debt get a CCJ?

I didn't really understand much of that.... So will I have to enter a defence???? Oh that sounds scary .... What does TB'd mean ....... Sorry , maybe when that time comes ( which I am not looking forward to ) Im hoping I will be able to ask for everyone help, I know you have already done so much, and I'm sorry I will have to ask again ...... If that's ok

A defence would certainly help your set aside application but in this case it should be very simple. The debt is statute barred, also known as time barred, because there's been no payments or written acknowledgments in the past 6 years. TB = Time Barred. :thumb:

This is an example statute barred defence: http://www.legalbeagles.info/forums/...818#post449818

You may want to look at this thread with regards to set aside: http://www.legalbeagles.info/forums/...ants-in-Person

You need to submit an N244 application form and pay a fee of £155. You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details.

[Caroll54]

Re: can an old debt get a CCJ?

Thank you so much for that, shall I apply for that when I get my dates from bank??? Then I will exact dates of beginning and when I stopped. Thanks again xxxx