Hi all,

Newby to this site,

approximately 1994 i handed the keys to my house to the lender,

i was stupid to do so, i know that now but "old head, young shoulders" an'all that!

i bought the house for £32,000 only lived there for about 3-4 years before life hit the skids.

i moved around for a few years & ended up in wales,

after a while i got a letter demanding approximately £14,000

i just screwed it up & filed it!

they'd sold my house for £18,000 expected me to pay the difference for the full original amount borrowed!

They repeatedly sent letters requesting that i go to the courthouse,

i was scared to death!

i ignored them, i was moving soon anyway!!!

a year or so later similar letter drops on the mat @ new place,

all in all i dodged it for years,

then i got a letter telling me a warrant was out for my arrest.

Time to put my hands up i thought!,

i rang them & was told that if i went to local courthouse i could cancel warrant.

i went and was asked a lot of questions concerning my bank accounts & had to show details of any bank accounts (cards etc) & sign some papers (no idea what)

the guy questioning me said that i could more or less just forget about it from that point onwards.

that was about 2006.

now im getting the same letters again,

a guy saying that he's trying to contact me concerning account #********* etc,

he comes from a company called Excel counselling according to his paperwork.

now, i have very little in the way of assets, i rent my home, i have a car & a motorbike

but, & its a biggun, i am the director of my own LTD company now, are the assets of the company in any danger from this process?

my company pays me the minimum wage to keep tax low etc.

so i can prove that my personal income is quite low, but can they seize money or assets from the LTD Co?

thanks!

With letters from the court & a warrant for arrest : it sounds like the lender got a CCJ.

If they hadn't : you'd have been in the clear due to the time elapsed, as mortgage shortfalls aren't enforced after 12 years, absent a CCJ.

A CCJ doesn't expire. It needs the permission of the court to enforce after 6 years, though.

If you've been dodging court letters : permission for the lender to enforce a CCJ, even after 10 years (from 2006), seems likely.

They can't go after company assets DIRECTLY.

They can affect the company though:

a) who owns the company's shares? They can go after those as an asset of yours (if need be by bankruptcy proceedings against you)

b) bankruptcy proceedings could be a powerful lever against you : you can't be a director of a company as a bankrupt, (and trying to get round that by nominating someone else as the director but controlling it through them isn't permitted, so called "shadow directorship").

" & sign some papers (no idea what)" ; as a general rule, if you don't know what you are signing, don't sign it until you understand what you are signing!

hi Bazza s,

Im the sole owner & director of the LTD company, sounds like i may be fairly stuffed then!

it seems odd that the can check out my assets approx 10 years after the first payment default & as i had nothing worth grabbing leave me for another 10 years & take another look!!

also, the company only has equipment as assets, not money at present!

I would not jump to any conclusions about your situation. First thing you need to get hold of, is a copy of the CCJ that was obtained, as well as details of any other court applications. Once you have that information, then come back for more advice or see a Solicitor.

If you have never been personally served any court document asking you to attend court about this, then i would question what you have been told. As far as i know, if they are looking at contempt of court or requesting you attend court for questioning, they have to personal serve court notice on you, by a court authorised process server. They can't just post it to an address.

Excel are acting for whoever owns this debt and they charge fees, which are added to the debt. Does not mean this debt is currently legally enforceable and if you ask your local county court for copies of all paperwork, then you can start to understand the exact current position. There is a process for getting copies of all documents from a court and a small fee fto cover photocopying.

Sound advice Uncle B! thanks

Excel counselling are a dca

Not bailiff s. Ignore them!!

Is that right dx100uk? Does ignoring them eventually work? I think there's about three & half years till 12 year time limit!

Not really no such time limit

Think things have well passed now

No warrant can be active either

And I bet they say our client on their letter too

And I bet the letterhead doesn't say bailiff s

Trying to spoof you there's some legal recourse here

I bet not

Can you scan the letter go PDF please

Bet it doesn't say will anything either phishing/fleecing attempts

Is that right dx100uk? Does ignoring them eventually work? I think there's about three & half years till 12 year time limit!

There are thousands of mortgage debts being chased dating back to the 1990's and add on top those which are more recent.

In 2000 i believe the Council for Morgage Lenders made it a rule that if a repossession shortfall was not chased for 6 years, then it should be written off.

We don't know the exact history of this debt and was has happened over the years, hence why you need to get hold of the documents from the Court.

You would think that if they really wanted to enforce a CCJ, they would have a process server on your doorstep with an official document with a court date to attend.

The fact that they have given it to Excel to do general debt collection work on this, suggests that there is no imminent threat of anything major happening.

Perhaps more than 6 years has passed since this CCJ and they have not been able to extend any enforcement period.

They are just trying to see if they can get any money from you.

See what you can find out about the CCJ and any subsequent applications, so you know the truth about the situation.

it seems that the OC wrote and got judgement on the shottfall within 6yrs

they got various warrants bt they would have ALL expired.

can we see the letter please and the name of excels client.

I would suspect it is NOT the claimant anyway

so not a chance in hell of ever enforcing anything.

we need to see the letter please in PDF

Hi dx100, I'm having difficulty responding on my phone. The letter is not really up to much, I can't scan it till later, I seem to struggle to find my way. Back to this thread every time there's a reply, I'm sure it's cos I'm new to it!

hi, im on laptop now, i have absolutely no idea how to send a pdf file to this system, cant even copy & paste a picture from my scanner

follow the upload

hi again,

sorry i disappeared,

i couldnt figure out how to convert the letter to the required format to send & then every thing seemed to have smoothed over & i heard nothing from excel again,

yesterday i got this letter through the door, any idea what it means?

i'm not sure if ive attached it correctly as i dont really now what im doing where PDF and suchlike is concerned, i downloaded something called Libre office that allows converting to different formats stc,

I know i probably come over as a technical dumbo, i mostly am! lol. my forte is hands on practical stuff.

county court notice.pdf

they are trying the court route again but have been knocked back because they have failed to contact you first.

It is clear from the short summary of why that they have lied to the court about being unable to contact you.

Essentially you dont have to do anything about this as I'm sure they will be back in touch again.

You could ask the court for a copy of their application,

you may get charged for the photocopy but at least you will know what they were trying

Excel wont have much in the way fo rights in this matter

but if you dont defend when they take it to court you will always lose by default.

You must start taking control of your life.

Once they know that you are going to stand and fight they will most likely just run away as they have no legal rights to do anything.

Has anyone been trying to contact you at the address the court have written to ?

Seems Excel or whoever represents them has told the court that they have attempted to contact you at the address and failed.

If they want to proceed you might have a process server turn up at your door in an attempt to deliver a letter by hand.

The process server will report that they tried and failed if you don't take the letter, so it makes no odds whether you try to hide or not.

You might as well take the letter if such a visit happens and try to deal with it.

As ericsbrother says, you might lose by default if you decide to try to avoid court actions against you.

one person tried to contact me at this address, in october last year, left a phone number to call them on this letter (attached)

excels first correspondence 26.10.16 PDF.pdf

would the process server be from the original creditor, the DCA or the court Uncle B?

The process server is an independent listed official instructed by whoever owns or has contract to collect this debt, to basically serve documents on the debtor and to issue paperwork confirming service that would be accepted by the court.

The letter in October is just a field agent from Excel, not a process server that would be accepted by the court.

This just makes it look like Excel really don't know what they are doing. They have tried their luck in applying for alternative service and the Judge has not accepted. Why are they not willing to pay a process server.

Do you currently own any property assets or have savings, which would be at risk, if the claimant holding the CCJ looked to take further action ?

no, no property, no savings. LTD company is managing to tread water but no assets other than a van a couple of second hand plant machines

simply trying to spoof you.

I take it that letter came from a court address?

Yes DX, according to the franking on the envelope the address is the same as at the bottom of the court letter

that's good then

the court are aware of their antics and are doing their job.

who's the claimant on the letter?

sent in pm DX

No harm in posting here