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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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What happens if you don't pay a CCJ


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I was talking to someone today who said that since he moved to New Zealand he's not going to pay the fee's for his CCJ in england because he won't be back in England for over 6 years and by that time it's off his credit record.

 

Is this right or should I warn him otherwise?

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Not an expert in this area, but he would certainly be in contempt of court. I suppose it is possible that the authorities could chase him in NZ, but I am not certain. It sounds a risky game. If he were right, there would hardly be anyone left in the country!

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NO CONTEMPT whatsoever. He's perfectly entitled to ignore the CCJ, it is up to the coeditor to pursue and arrange for his assets to be seized - which may include property. If the due diligence does not work, then after six years both his credit record will be clear and his CCJ expired. However, if it becomes known he's moved to NZ,he could be pursued there also....

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Guest strangewayofsavin

it depends on the common wealth countries laws, If he moved to Austrailia, he can still be persued, however in Canada he cannot, not sure about NZ.

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interesting, he may possibly be correct then! Wow, that's good news for any immoral people emigrating to canada!

If that same as Australia applies to NZ I suppose it all boils down to if they can find you over there. Any ideas how hard these companies try to locate people? He told me today it was 30 flippin grand!!! Blimey, my debts don't even reach a third of that and thats enough!

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I think for £30k, there may well be interest in pursuing him, but it probably won;t be the original creditor that will expend the effort. It is well known that credit card firms and other institutions sell on debts to other firms who specialise in recovering delinquent accounts.

 

It would well be sold on for - say - £5k to a collections firm, who will then use the difference between what they paid and what was owed to fund the tracing and formal recovery in ANY administration.

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It is up to the recovery agency - due diligence, through Electoral Register, newspaper reports anything else that puts the debtor's head above the parapet is fair game. Only a name change (either formally or informally) removes this possibility.

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A CCJ can be enforced at any time - there is no statute of limitations on it i.e. 6 years. However the information will be erased from the CCJ register and therefore your credit record. But the debt still exists and debt collectors can come calling 10 years or more after. It is always essential if you pay a CCJ that you keep the paperwork recording final payment indefinitely

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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court bundles for dummies

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his CCJ expired.quote

 

CCJs do NOT expire. In theory one can be chased forever for an outstanding CCJ. The leave of the court may be required for enforcement but fi there is good reason, it will be granted.

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In Scotland they do. A Sheriff will ask why due diligence had not taken within the relevant period (five years) and whilst it can be reactivated, it requires a further court fee to do so - so using the term 'expiry' is quite correct. As to E&W, as you note, leave of enforcement is a similar step so whilst a full hearing may not be required, a renewal of the order would be required before re-service. Therefore as using the original documentation would be deemed incompetent, my saying it would expire is still a valid interpretation. In any event, Registry Trust would cease to list it as outstanding or satisfied whatever the actual disposition.

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  • 2 weeks later...
In any event, Registry Trust would cease to list it as outstanding or satisfied whatever the actual disposition.

 

Someone who has an unsatisfied CCJ has every right to reregister it indefinatly (except possibly in scotland, I don't do scotland, LOL).

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I'm only going on a hazy memory (it's the Irn Bru, honest), that whilst a re-registration is feasible the court would have to be satisfied that the pursuer had used due diligence in the past and had been unsuccessful. As an exercise to keep the debt enforcement alive for possible assignation to a debt collector subsequently, I don't think would be a simple task. Also, if they've taken 6 years and got nowhere, why pour more good money after bad (as the pursuer). If they haven't got it in 4 years, they'll probably never get it!

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THAT would be a big mistake if they did - a fraud warning simply for not supplying a previous address? They'd never be out of court having to defend their position if that became common practice. According to the CIFAS rules, a provable irregularity or fraud attempt must be perpetrated before the flag is set, but then, nothing surprises me these days. Who needs courts to administer justice when a CRA can do it much better and cheaper without an annoying judicial process?

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Well thats what I had - had a letter from a Barrister no less stating that I wasn't living there at the time and neither the company that were offering the credit nor the cra were willing to remove the cifas warning.

 

There are several cifas warnings and mine was for attempting to gain credit with partially true info/withholding info or somethign to that effect.

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This would be at the discretion of the lender, and who would ultimately be responsible to support the allegation if challenged. From memory there had to be more than an intent to defraud (by omission) there had to be a provable misleading statement. You can't remember the precise wording?

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