Hi All,

Currently have sent out CCA's to numerous DCA's

However there is one i am unsure of how to proceed.

Debt in question is loan from around 2000.

Defaulted early 2004.

CCJ obtained Sept 04

Interim Restriction added on Land Registry Oct 2004

(Debt in my name, house in mine and my wife's).

I have checked the Land Registry and the name of the original creditor is still on there - CCJ not on Trust Online.

This debt has been sold on

- current DCA has had it since 2012.

They have never mentioned the CCJ or CO in any correspondence.

Can they really chase this debt?

Can I send them a CCA as there is already a CCJ for the debt.

Can they enforce as there is already an enforced CCJ on the debt

- I am sure you cannot get 2 CCJ's for the same debt.

Surely this debt is is Res Judicata -

already decided upon so the DCA cannot take it to court again.

Have trawled posts for this but cannot seem to find the best way forward for this

- any advice would be greatly received

A CCJ must be enforced within six years. After that it can only be enforced with leave of the court.

However, if the restriction has been added against your property then I tend to feel that that means that it is effectively enforced.

Can they chase the debt? Yes they certainly can. Can they take legal action to enforce it? With leave of the court.

Who's the dca

Hoist

Urm a debt buyer so its been sold on

Yes robs way chasing for them

Well the charge is not in their name

So they can't claim against that

I suspect the OC forgot all about the charge and just sold the debt on

But no they can't do anything

Sorry just checked it's PRA who are the now the DCA. Is it worth sending a CCA to them as they have definitely bought the debt

i would suspect that the charge is only a restriction type K

as its a joint ownership

so you don't have to pay the charge upon house sale?

simply inform the OWNER of the charge that the property has been sold

IF you ever wanted to do anything with the house

have you actually received a notice of assignment then?

pers I wouldn't be sending anything

as I bet what you've got is simply a threat-o-gram and ofcourse doesnt mention the CCJ nor the charge?

has the debt been properly assigned? probably not.

Can they force you to do anything other than tell them that you have sold the property? No

The best they can hope for is to go back to court and ask for a variation of this order and they wont get it if you object as the courts have made an order that has not been breached.

their letters are an attempt to get you to settle up before you die as they dont want to wait that long to get their hands on the money.

Sending a CCA is pointless as it isnt a credit agreeement so just ignore them unless they start legal proceedings.

they know what is what but hope you dont know

Thanks for 5he relies dx and Eric much appreciated.

Hi Guys

Quick question - will having a restriction on a property effect a remortgage?

possibly, but you only ever pay the NAMED CREDITOR on the restriction.

Hi Dx

Named creditor has sold debt - confirmed in phone call.

They have said they will remove when they get an e mail off DCA they sold debt to informing them the debt has been settled.

I find this incredible.

The CCJ and restriction is in original creditors name

but I now owe them nothing as they have sold debt on - it stinks!

I havent paid anything against this debt for 18 months

so the DCA obviously dont have any legal right to the debt.

who name is on the actual LR restriction

the OC

or the DCA

The OC

then you deal with them only