CCJ over 7 years old

[Attackmoog]

Hello all, any advice would be greatly appreciated. Early February I received a letter from Shoosmiths regarding a debt from 2009 alleging a CCJ was taken out in April 2009. I was unaware of the existence of the CCJ. I was advised to send a statute barred letter asking for proof of the CCJ. They responded by saying they don't have a physical copy but I'm free to get one myself. I checked online and can't find a record of the CCJ. I was advised again to ask for proof and to claim statute barred again. I am really unsure what to do? Again, any advice would be greatly appreciated. Kind regards

[nemesis45]

Re: CCJ over 7 years old

Good afternoon, welcome to LB,
Who are Shoosmiths instructed by?
What is the alleged debt that was subject to the claim?
Was it The Registry Trust that you checked?
Would the alleged debt have been statute barred on of before the claim was issued?

No point in firing off another statute barred claim without being sure that the debt was already SB on the date the claim was issued.

nem

[Attackmoog]

Re: CCJ over 7 years old

Hi there [MENTION=55034]nemesis45[/MENTION] Thanks for responding. Shoosmiths are instructed by alliance&leicester originally for an unsecured loan of £7500. I checked online on the trustonline website. If what I'm being told is correct, the CCJ was taken out in 2009 and would not be statute barred. I have been in touch with National debtline who have been advising me so far. I am just seeing so many contradictory threads online that I am quite frankly really confused. Any clarity on what my options are would be amazing. Thank you in advance.

[nemesis45]

Re: CCJ over 7 years old

Hi there @nemesis45 Thanks for responding. Shoosmiths are instructed by alliance&leicester originally for an unsecured loan of £7500. I checked online on the trustonline website. If what I'm being told is correct, the CCJ was taken out in 2009 and would not be statute barred. I have been in touch with National debtline who have been advising me so far. I am just seeing so many contradictory threads online that I am quite frankly really confused. Any clarity on what my options are would be amazing. Thank you in advance.

Unfortunately a CCJ does not expire or become statute barred, it remains a matter of public information foe 6 years from the date of judgement.
Should Shoosmiths want to restart enforce the judgement now they would be asked why it has been left so long.
I take it the CCJ no longer shows on your credit reference files?

What have you been told by NDL?

nem

[Attackmoog]

Re: CCJ over 7 years old

[MENTION=29921]nemesis[/MENTION]43 The CCJ doesn't show up on my credit files no. The NDL told me to try the statute barred letter first as there is every possibility that shoosmiths are lying and that even if there is a CCJ that they may not be able to prove its existence due to the length of time that has passed since the alleged CCJ. They recommended I send a prove it letter otherwise it's statute barred. I did that and am currently waiting a reply. The NDL also said that if it escalates further to get legal advice.

[nemesis45]

Re: CCJ over 7 years old

@nemesis43 The CCJ doesn't show up on my credit files no. The NDL told me to try the statute barred letter first as there is every possibility that shoosmiths are lying and that even if there is a CCJ that they may not be able to prove its existence due to the length of time that has passed since the alleged CCJ. They recommended I send a prove it letter otherwise it's statute barred. I did that and am currently waiting a reply. The NDL also said that if it escalates further to get legal advice.

What action are Shoosmiths actually taking?

The judgement has been removed from public records it seems?

If Shoosmiths don't have a copy of any judgement then I would guess the A& L doesn't have it either.

So no record of it all tell Shoosmiths firmly to be off.

nem

[Attackmoog]

Re: CCJ over 7 years old

[MENTION=55034]nemesis45[/MENTION] Shoosmiths just sent an attachment of earnings sheet originally. I assume hoping I'd fill it in and acknowledge the alleged debt. They've been quite vague about what action they're going to take,saying only that they will take whatever action their client wants. I've just checked my noddle report as well and there are no judgments listed there either.

[nemesis45]

Re: CCJ over 7 years old

@nemesis45 Shoosmiths just sent an attachment of earnings sheet originally. I assume hoping I'd fill it in and acknowledge the alleged debt. They've been quite vague about what action they're going to take,saying only that they will take whatever action their client wants. I've just checked my noddle report as well and there are no judgments listed there either.

I would demand that Shoosmiths provides unequivocal proof that any judgement exists, stating that you cannot trace any such action or resulting judgement.

nem

[nemesis45]

Re: CCJ over 7 years old

Been trying to think of Shoosmiths partner responsible for debt collection is
I think it's Rod Mac or Mc Phail you always lob a complaint his way,

nem

[Snowboarder]

Re: CCJ over 7 years old

hi Nemisis how did you get on with the debt ? only i have the exact same problem, cheers

[charitynjw]

Re: CCJ over 7 years old

Hi Snowboarder

It's best to start your own thread & give as much info as possible (no personal data, though).

[nemesis45]

Re: CCJ over 7 years old

hi Nemisis how did you get on with the debt ? only i have the exact same problem, cheers

[MENTION=94730]Snowboarder[/MENTION]
There has been no response to this thread since February.

I you need help with your case please start a thread of your own in the appropriate forum posts here may not get seen.

nem

[Snowboarder]

Re: CCJ over 7 years old

ive started thread just interested how things went with you

[nemesis45]

Re: CCJ over 7 years old

ive started thread just interested how things went with you

It's not my thread [MENTION=94730]Snowboarder[/MENTION]

nem