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Hi All,

 

Yesterday whilst I was out at work, I had a surprise visit from a bailiff who handed over a letter to my boyfriend stating that if I don't complete the means form & return it, I could be sent to prison.

 

This came totally out of the blue to me as I haven't had any court order letters & I was confused about where this had come from or what it was related to.

 

Quoted on the letter was Phoenix recoveries which also means nothing to me,

I have had no correspondence from this company

 

I called the bailiff and all he could tell me is that it was from a debt in 2005 and it is for collection charges.

The original debt was £4300 and the amount they are now seeking is £1400.

 

I did default on a loan around that time and was subsequently given a CCJ which has now been cleared from my credit history as 7 years has passed since the CCJ was issued.

 

The bailiff gave me the number of the solicitors (Mortimer Clark) to call and ask them but I just wanted to ensure that I have all the information I need prior to discussing with them.

 

I'm sure this can't still be chased 11 years after the original debt,

especially if I have already previously been issued a CCJ

 

I really am not sure about this and could do with some help with facts prior to calling the solicitors.

 

Sorry for long winded post but I wanted to get all the information in & hopefully someone can give me some guidance.

Thanks in advance

Rach

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The CCJ only allows 6 years for the claimant to get their money through the enforcement options allowed. If they have not been back to court to get the time extended, then the actions by Phoenix are not covered by any court process.

 

Suggest you phone Mortimer Clarke to advise them that as more than 6 years have passed since the CCJ, that they no longer have any court authority to continue enforcement activity. If the argue the toss, then ask them for a copy of any court application that has recently been accepted.

We could do with some help from you.

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Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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A question has just come into my head.

 

Did you enter in a payment arrangement via the court or with High Court enforcement officers which you broke ? If so, when did you break the arrangement by not paying.

 

This might be why they are now chasing it up.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Are phoenix saying they are operating as HCEO's here?

Something's not right

Are you sure this is to do with an old ccj???

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Are phoenix saying they are operating as HCEO's here?

Something's not right

Are you sure this is to do with an old ccj???

 

I did think that, because Phoenix deal with some government debts, but do Mortimer Clarke deal with them as well ?

 

Hopefully they will find out more info and come back.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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shame the OP hasn't even bothered to look at the forum since

logged out the minute they posted the thread..urm....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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shame the OP hasn't even bothered to look at the forum since

logged out the minute they posted the thread..urm....

 

Thats why they usually end up in this position in the first instance

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Prob popped to The FOTL sites and will end up in much more trouble.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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