Over 8 years old ccJ

[Sidbulldog]

Hi Rob
In letter dated 24 the August it's stated arrow have a final charging order in place and that would stop sale of property although property was sold in 2016 by ex wife. I now don't own a house or have any financial hold on a property. So arrows claim of having this are false and untrue

Before I write up a draft I'm a little unclear on statue barred as I been told ccj can never be statue barred?
Just unenforceable after 6 years unless a judge reinforced?

Would I need to look at land register as I don't have any financial attachment to the property I live in now it's 100% property of my partner you could say I'm no more than a long-staying guest in my status.

[Sidbulldog]

Letter dated 24 the

[Sidbulldog]

I have done a search on my partners property and shows nothing ref charges or orders.

[R0b]

The letter says there is a charging order but it doesn't actually state the name of the property that the charging order is attached to.. or have I missed it?

I'm not clear really what stage this is at and many people who post on this forum throw around the word CCJ without understanding what it means. If Arrow have obtained a judgment from you in the county court then that will mean you have a county court judgment against you. They can then use various enforcement methods that are available. If they haven't even issued a claim yet then there is no CCJ.

A little more help understanding on this would be helpful.

[ploddertom]

The letter actually says

"Our records indicate that our Client holds a final charging order ..................." - so they are not certain, I would suggest you make them prove it as they may just be playing with words - which is the usual Debt Collector way to make you believe something they do not have in the hope you will pay or agree to pay.

[Sidbulldog]

Hi Rob, There was a ccj on my credit reference in 2013 dating back to 2011 when I checked at that time. From a company based in channel islands global arrow. So I know there is a ccj. In 2011 they got ICO on my ex wife House. It was turned down because house was awarded in settlement to ex. And judge stating I had no financial hold on house. So as as I can make out is this is as far as it went
The CCJ is coming up to nine years and this August is the first time they have contacted me so I don't think charging order is the problem although I can possibly use it against them stating untrue facts Hope this gives you a clearer idea of situation.

[Sidbulldog]

As far as I'm am aware they would need to go back to court to enforce judgement because of 6 year rule. I have checked with credit reference agency and nothing shows renewed and record is clear

[Sidbulldog]

Hi should I draft something and post here ?

[R0b]

Based on what you've said, they have a CCJ against you and are therefore entitled to use various enforcement methods to recover the debt. As it has been 9 years since the date of judgment, they would need to go back to court and make an application to enforce the judgment.

Arrow would need to explain the delay for not enforcing the debt and if there is no reasonable excuse, then permission might be a bit more difficult. However, the courts do generally support the fact that claimants should be entitled to recover the debt so they will take all matters into account including whether the delay in enforcement will cause any prejudice or hardship to you, so that would be worth mentioning if you think it does.

What you want to do next is really up to you but as I see it there are two immediate options.

1. Respond to Dryden and explain that Arrow have no charging order against you, explaining that they did have an ICO but this was discharged as the court awarded the house to your ex-partner in a previous court hearing. Tell them to either bog off or arrange a payment plan to be set up that you can afford.

2. Sit tight and don't say anything, waiting to see what Arrow do next. If, for example, they try to enforce the judgment by using bailiffs or other enforcement methods, you could then make an application to the court yourself for an injunction or order preventing Arrow enforcing the judgment, on the basis that the Limitation Act states they cannot enforce a judgment after six years without permission of the court by way of a formal application. Note that if you don't make an application, the enforcement method will still go ahead until such time you decide to challenge it.

Because Arrow have a CCJ against you, the issue is not statute barred. It is really your decision as to how you choose the next steps and what you are comfortable with. If I was in your shoes, I would take option 2 and see what they decide to do because their records are incorrect and any enforcement of the alleged CO will come to nothing, at which point they may look at other enforcement methods and that would allow you a right to challenge as I've described above. Given the fact that they're offering a discount suggests that they may want a quick resolution and not pursue this.

I'm not one for advocating avoidance of debt but you have to do what you think is in your best interests and it is up to Arrow to determine if it wants to spend the time and money to enforce an amount that is relatively low value.