ohitsonlyme
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ohitsonlyme last won the day on February 24 2011
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Consumer debts Do not "die with you" if the estate has enough value to cover them The onus is on the exectors to pay any outtanding debts prior to benficiaries, It may not be enforcable but it is still a debt and by ignoring it the executors could be liable by acknoweldgning it the DCA will gain 100% of the £12k ccj that they paid pennies for During my lifetime I can ignore it but if they continue to send letters after my death then the executors my wife and child have a legal duty to sort it out/ pay it and I dont want thm to be left with the hassle or the costs of doing so. What is the best way to stop the letters now while I am alive
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Things change Ive got health issues Ive been writing my will and learning about probate, I could probably handle it if it was for someone else but my family couldn't I am trying to tidy my issues up and dont want to leave this as a mess for my kids. I want it out of the way and dont want to pay a scummy DCA
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Well, it is now 8 months after completion of property 1 The document my ex received post completion wasnt a stat demand just a threatogram stating " If payment is not made by 26th July 2023 we reserve the rights to take enforcement steps to recover the judgment debt plus any further costs and interest" 6 months since letter and nothing else received Property 2 going on the market in the next month or so Updates will follow onlymeagain
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CCJ did add post judgment interest so far 0ver 3000 days copied from tinterweb:The sheriffs office: I thought it was interesting, I dont know the difference between action and enforcement Limitation Act 1980 Section 24 of the Limitation Act 1980 states that: An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable No arrears of interest in respect of any judgment debt shall de recovered after the expiration of six years from the date on which the interest became due. Lowsley v Forbes This situation was considered by the House of Lords in the case of Lowsley v Forbes where the claimant wished to enforce the judgment 11.5 years later, when the defendant returned to the country. The Lords ruled that the legislation barred the bringing of a fresh action, but that execution of the existing judgment did not count as a fresh action. Therefore the claimant was able to take enforcement action. However, the Lords did rule that the limit of six years’ interest did still apply. Impact of delays The main impact of a long delay in enforcement will be whether the judgment debtor can be located, has sufficient assets and is solvent. In the case of a business, it may have been wound up or gone into insolvency. There will also be the fact that only six years’ interest can be recovered. Permission will be required from the Court to obtain a writ of execution on a judgment more than six years old under RSC Order 46, rule 2(1)(a). The Court is likely to ask why there has been such a delay and will take this into account when making its decision. The judgment debtor may also challenge enforcement on the basis of delay. However, he will have to provide compelling evidence of the extent of prejudice to the debtor by reason of the delay.
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Ex is vulnerable, has been bedridden for 10 years, and she is willing to pay sols costs but 8% interest doubles the debt. Sols still have security on second property that she stills lives in that I am renovating in order to sell in the coming few months so the debt continues to be secured (as we have found not very easy to gain payment on from k restriction) I've been reading about interest on CCJ after 6 years not being enforceable under limitations act also that the creditor would need to go back to court for permission to enforce. Is SD enforcement or action? I dont know the difference As an interesting aside as her divorce sols knew they about the HMRC debt and on the charging order stated that they knew of no other creditors and so gained priority over HMRC!! I think that telling them that we would report this to the court to HMRC and SRA may help in negotiations Can the additional costs of SD and further court action be added to the current total debt if not then this would help in negotiating a reasonable settlement Ideally I would like someone to negotiate with them to reduce interest
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