CCJ from 2005

[15YrsAgo]

Two weeks ago, I received a letter from Arrow Global Limited about an Egg Debt. In the initial letter they only stated the original debtor and the amount.

I could not recall any debt so ignored the letter and contact. I have had debt in the past past have a squeaky clean credit profile, pay everything on time etc.

today, I received a letter from Drysdenfairax Solicitors about what I can only assume is the same debt. This time the letter states that a county court judgement was made against me in 2005. The claim number is included.

I did have an egg credit card and suffered a long period of depression was hopeless for a period. Over the period 2005-2010 I move around a lot so I do not know if they were trying to contact me. The debt is for £3,689. I have a good salary at the moment but still rent and have two adult dependants. So money is very tight and I am just living above my overdraft.

They letter states that enforcement action may be taken including warrant of control, attachment of earnings, charging order (I am not a home owner so that wouldn’t apply).

What are my options? I do not believe I have contacted them about this debt in 14 years. I haven’t responded to the second letter.

[MIKE770]

when was the last time you paid or made contact about tis CCJ??

[15YrsAgo]

I never made any payment or made any contact what so ever. This is the first I am seeing that I have a CCJ. There is nothing on my credit file. It may have been from a previous address. But I have heard anything since I moved from the address 14 years ago and I have not responded or revived a letter since perhaps in 2005.

[MIKE770]

then they will have to explain why no action during this time?? Amethyst

[15YrsAgo]

I looked up the county court claim number they provided in the letter on https://www.trustonline.org.uk/ and nothing came up.

When you say, they will need to explain why there has been no contact. To whom are they explaining and what action should I take?

Do I contact them or leave the burden of proof with them? I was recently scammed out of £2,000 so I do not make any calls to discuss money with anyone other than my bank. I manage all my other accounts via my online accounts. Safer.

If you could advise, many thanks in deed.

[MIKE770]

await response from Amethyst might be the case of some office jockey trying to be clever and finding very old files and chancing their luck

[MIKE770]

Quote:_ I could not recall any debt so ignored the letter and contact. I have had debt in the past past have a squeaky clean credit profile, pay everything on time etc.

are you saying this alleged debt is not yours etc???

[Amethyst]

Nothing will show on the register or on your credit file as a judgment does fall off after 6 years, in the same way a default does.
They are probably going through old files, hoping peoples circumstances have changed and they just get a settlement. After 14 years they would need to apply to the court for permission to enforce the judgment - they can't just whack a request for a warrant in. They will have to show good reason why they have failed to enforce before now. Under the Limitations Act they have 6 years...

24 Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

So we could reply to them, asking for evidence of the judgment, the original claim ( so you know what its for etc ) and point out it's 14 years later and quote the limitation act reminding them they will need to apply for permission and you would counter their application.

You said you have moved about a bit, how long have you been at your current address now ? Any particular lengths of time at previous addresses ( where you were on electroal roll, updated credit file etc and were easily traceable ) - basically can you show they could have enforced before now and had no need to wait 14 years ( ie. you weren't out of the country for 14 years and have just returned etc )

[15YrsAgo]

Hi

I have moved between 5 addresses in the last 14 years. I have been at my current address for a little under 2 years.

All addresses, I have been on the voters roll.

So, would you suggest I take the route of contacting them to clarify what the matter is about? If yes, can you provide a template letter. Also, what kind of proof are they required to send?

Many thanks

[Amethyst]

If you can post a copy of the Drydens letter ( remove personal info ) then happy to help draft a reply xxx

[15YrsAgo]

Letter

Date: 4 June 20169
Your Ref
Our Ref: X/XXX/XXXXXXX
Direct dial: 0113 823 3449

My Name
My address

Dear Madam

Our Client: Arrow Global Limited
Account number: xxxxxxxxxx
Outstanding amount: £3,689

We refer to the above matter and the Count Court Judgement entered against you under claim number XXXXXXXX on 4 July 2005. The amount outstanding is currently £3,689 and our records indicate that you have failed to repay the sum owed to our client or contact us to discuss this matter.

If you are experiencing financial difficulties and are unable to pay the balance in full, please contact us to discuss your current circumstances and we can help you agree a repayment plan that is affordable to you.

The easiest way to contact us is via our customer website www.drydenfairfax.com/customer or by telephone on 0113 823 3449.

Should you fail to make a payment or contact this office within 14 days of this letter, enforcement action may be taken against you using one or more of the following methods, depending on your circumstances:

1. Warrant of control: A bailiff could visit your home to remove goods to the value of the debt
2. Attachment of Earnings Order: Your employer could be ordered by the court to deduct monies outstanding direct from your salary
3. Charging Order: if you are a homeowner, a charge which would secure the debt against your property could be obtained

This action would incur additional costs for which you may be liable.

Please quote reference XXXXXXX in all correspondence or calls.

Yours faithfully,



***************************
Additional information

I have done some more digging and I see that when the CCJ was filled, Alpins applied for a Charging Order to be placed on my property (in November 2005). I applied to remove the charge and the Judge ordered that.

1. Application dismissed
2. Interim charging order be discharged
3. Land registry entries to be vacated

I can also see that I had been making payment under a payment plan £25.00 a month from around 2007 until June 2018. The last I can see that I made payments to Alpins client DLC for £25.00 monthly between at least between November 2005 through to June 2018. I have been able to go as far back into my bank as I can and can see these payments. I have been able to connect the CJJ number too. The original debt was £7,020 so I would like to query the amount they say I owe. I am not sure why I cancelled the Standing Order.

So what would you suggest:
A. Question the amount owed, as I think it may be lower, and in the meantime, and start making payments?
B. Work out how many payments I have missed from since the last payment (looks like 11 = £275) and thereafter, continue the payments? ... £275 to catch up with the payment plan and then continue paying £25.00 for another 5 or so years

Your assistance is appreciated.