DLC chasing me for payment! CCJ over 6 years old

[Dimwit]

Please advice needed from this wonderful forum!
I have had a letter from DLC quoting a county court judgement from well over 6 years ago! As it isn't registered on my credit file
2 years ago Hillsden checked my credit file who own DLC

this is what the letter says:
we have been trying to work with you in relation to the above claim for which we have obtained a county court judgement.

as there is still a balance outstanding, your account has been placed with Cabot finance Ltd to act as the agent serving your account
their next step is to pass your account to Mortimer Clarke Solicitors.
what will the solicitors do?
Mortimer Clark Solicitors will write to you and explain that they have been instructed to continue court proceedings against you if you do not contact them. They will explains he consequences of further action, and tell you how you can avoid that.
We hope that you will enter a payment arrangement you can afford in order to prevent the need for legal action to progress.
you can call Mortimer Clarke

please advise me
with gratitude
dimwit

[Diana M]

Re: DLC chasing me for payment! CCJ over 6 years old

advice needed from this wonderful forum!

Flattery will get you everywhere

Does the CCJ which dlc are referring to ring a bell with you?

A CCJ doesn't go statute barred but if the Claimant/creditor hasn't sought to enforce it for six years then they may be in some difficulty persuading the court to let them take things forward.

Have you moved address since the original CCJ so this may be a tracing/phishing letter?

Di

[Dimwit]

Re: DLC chasing me for payment! CCJ over 6 years old

Thank you Di!
greatly appreciated your response!
i went through a very difficult period! My flat was reprocessed!
I then spent many years working abroad!
obviously due to circumstances moved around!
i can see they have checked my credit file! My current address is linked to the property that was reprocessed!
I have to say at this time I did not open letters
the year was 2007 when I was in severe financial difficulties.



I checked my file I can't see a CCJ

[Diana M]

Re: DLC chasing me for payment! CCJ over 6 years old

the year was 2007 when I was in severe financial difficulties.

I checked my file I can't see a CCJ

If this CCJ was in 2007 it won't show on your credit file since they 'drop off' after six years whether they've been paid or not.

This CCJ is now nine years old and if you haven't made any payments since 2007 they will be in some difficulty resurrecting it (although as I said it won't be SB). Even if they do, you may be able to make an application to the court to vary the Judgment to instalments which you can afford. Some people pay only £1 per month.

The letter you describe seems to be a tracing letter threatening you with legal hell and damnation to provoke you into coming out of the woodwork and hopefully pay them.

dlc say that they've asked Cabot to chase you. Post up when/if you get any letter from them.

How much is/was the CCJ and do you now own your own home (sorry to hear your flat was repossessed in the past)?

Di

[Dimwit]

Re: DLC chasing me for payment! CCJ over 6 years old

Thanks Di! Will post when I receive my next letter! In the letter it states I owe £2,815.22 EGG credit card.
I am not a home owner!

[Diana M]

Re: DLC chasing me for payment! CCJ over 6 years old

In the letter it states I owe £2,815.22 EGG credit card.

Were you living abroad when this CCJ was obtained and would the Claimant (Hillesden or EGG/Barclaycard?) have known that or at least known you weren't living at the address the summons was served?

Getting a CCJ set-aside nine years after the date is not easy but not impossible depending on the circumstances. However if the facts stack up in can be a useful negotiating tool if Cabot come after you.

Let's see what transpires first. After all you don't yet know whether there was really a CCJ if they haven't sent you a copy or a claim reference number etc.

If it were me I'd wait until Cabot write with something more substantial as proof.

Di

[Dimwit]

Re: DLC chasing me for payment! CCJ over 6 years old

Letter arrived this morning from Mortimer Clarke!
re ME III Ltd
ref
balance 2815.22
we are the solicitors instructed by our client ME III Ltd in relation to an agreement originally entered into with EGG and bore agreement number xxxxx
as you are aware a CCJ has been entered against you under claim number xxxxx and we ask you pay the outstanding sum of £2815.23 direct to this office within 14days.
if you are unable to pay this debt in full within 14 days, our clients would consider reasonable offers of payment, based on what you can afford to pay from disposable monthly income.

we enclose and expenduture form, to enable us to assess your current financial circumstances.
we have enclosed with this letter of free independent advice organisations

you should note that our client may be willing to accept reduce amount of lump sum payment to settle the debt. Please contact us to discuss if you wish to take advantage of this proposal.

[Dimwit]

Re: DLC chasing me for payment! CCJ over 6 years old

Were you living abroad when this CCJ was obtained and would the Claimant (Hillesden or EGG/Barclaycard?) have known that or at least known you weren't living at the address the summons was served?

Getting a CCJ set-aside nine years after the date is not easy but not impossible depending on the circumstances. However if the facts stack up in can be a useful negotiating tool if Cabot come after you.

Let's see what transpires first. After all you don't yet know whether there was really a CCJ if they haven't sent you a copy or a claim reference number etc.

If it were me I'd wait until Cabot write with something more substantial as proof.

Di

Yes I was living abroad between 2007 - 2013! Used a family member address for bank statements mobile phone etc! Hence the link on my credit file to my reprocessed property!
I am aware my family member sent any letters to debt collectors back to debt collector, as not known at this address.

[Dimwit]

Re: DLC chasing me for payment! CCJ over 6 years old

[QUOTE=Diana M;663952]Were you living abroad when this CCJ was obtained and would the Claimant (Hillesden or EGG/Barclaycard?) have known that or at least known you weren't living at the address the summons was sent?
no as I had no forwarding address!

[Dimwit]

Re: DLC chasing me for payment! CCJ over 6 years old

No as I never gave a forwarding address

[Amethyst]

Re: DLC chasing me for payment! CCJ over 6 years old

I would be inclined to ignore the letter and file it away. As Di said the CCJ is over 9 years old and won't show on the register or your credit file any more, and as the judgment holders did nothing to enforce in those 9 years they are going to need to apply to the court to start any sort of enforcement action, which you could then defend, ask to set aside, or apply for a installment order for payment.