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Resolves call debt agency on very old debt that judge threw out.

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  • Resolves call debt agency on very old debt that judge threw out.

    This is a long going debt since 2008. 6 week before it would have gone statute barred they put a CCJ on it.2015. court Bailiffs personally hand me the letters along with a form to fill out my means. So I filled all forms out sent them back. But Judge threw it out stating nothing to pay. For 2 reasons. 1. The amount of time it took them to file the CCJ. 2. I was part time self employed so couldn't be forced to pay even though I offered a monthly amount.
    about 2 moths later Cabot the debt collectors sent me a letter asking me to pay the amount I offered as a good will gesture from myself regardless of judge’s decision.
    now all of a sudden I’m getting debt letter for this debt again. Today received a letter from Resolvecall. Have googled them. Not very good reviews.
    I don’t have any original paper work from 2015.
    Tags: None

  • #2
    Ring the Court, see if they've got a record of the case.

    If you can get Court records, then send them to Resolvecall.

    Update thread once you've got more info.

    Resolvecall, will threaten this and that, but have little powers.

    Comment


    • #3
      Originally posted by echat11 View Post
      Ring the Court, see if they've got a record of the case.

      If you can get Court records, then send them to Resolvecall.

      Update thread once you've got more info.

      Resolvecall, will threaten this and that, but have little powers.
      I do not know what court it was. As was 8 years ago. But surely Resolvecall have paper work on file on this.

      Comment


      • #4
        If they had or were aware of it, then they wouldn't be chasing you, also Resolvecall are just an agent for the Creditor.

        Send Cabot a Subject Access Request, they have 30 days to provide all the information on the account, see what that throws up. Make sure you get Proof of Postage.

        https://legalbeagles.info/forums/for...ed-debt-letter

        Comment


        • #5
          In 2016 I was given a CCJ for unpaid debt 5 months before statue barred. I didn’t acknowledge the CCJ. So I was hand delivered court summons by court Bailiffs with a means of earnings form. So I filled all out and sent it back. Within the month the decision came back that the Judge had thrown it out with nothing to pay. So Wright and Hassell the debt solicitors dealing with it. Sent me a letter saying that they are aware the debt has been deemed nothing to pay but asked me as a good will gesture to pay a small amount each month,,which of course I didn’t as Judge had ordered nothing to pay.
          so i don’t hear no more. Until October 2023 debt has been sold to Mortimer Clarke Solicitors. I have explained all to them that in 2016 I was taken to court and Judge threw it out. But they are having none of it. Their latest letter states that the debt is payable by County Court Judgement given to me on 18th February 2016 and the judgement deems me liable for the debt. As judgement has been obtained their client is under no obligation to provide me with any further documentation in relation to this matter.
          Now I’ve googled how long does a CCJ last if not paid. And to my understanding it stays on your credit file for 6 years then drops off even if not paid. But does it still stand if not
          Have just come across this on CCJ enforcement time limit.
          Once the six-year time limit for CCJ enforcement has passed, the judgment becomes “statute-barred.” This means that legal enforcement action is no longer available to recover the debt. However, it’s important to note that unless paid, the judgment remains on the debtor’s credit record for the entire six-year period.
          also Courts only keep files on up for 7 years. So I think Mortimer Clarke know this and I will not be able to obtain a copy of the document where Judge threw it out deeming it nothing to pay.

          Comment


          • #6
            Write a letter to all, make sure you get Proof of Postage, lay the facts out i.e. a), b), c) etc.

            Explain exactly what you are saying here, that the Judge dismissed the case and that if they continue to pursue the alleged debt you will consider that as harassment under the Protection from Harassment Act 1997. You will also report the harassment to Trading Standards and the FCA.

            Comment


            • #7
              Hi thank you I will write a detailed letter as I’ve managed to contact the court Northampton County Court.

              They have confirmed to me that after 6 years if a CCJ has not been paid it is Statute Barred.
              That also after 6 years do not hold any papers after this 6 year period.
              That the debt collectors who are professionals themselves are aware of this that is most likely why they are now chasing me again. Hoping that I’m ignorant to this.

              Comment

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