Hi all,

I became a carer for my parents way back in 2007. To do this I had to give up my business and as a result had my home repossessed.

As my mum had dementia and declined rapidly I had little time and even less inclination to deal with it all, and dug my head in the sand.

At the old property (by that point I was living with my parents) I had a lot of debt letters and just left them there.

Only 2 creditors are still chasing me via debt companies.

They are both credit card debts.

I sent 1 of them the statute barred letter as they turned up at my door the other week.

The guy was more of a friendly 'good cop' than a bailiff.

They have replied back saying the debt had a CCJ issued in 2008 and gave me a case number to check.

This would have been addressed to the old property which was repossessed in 2010.

My parents died last year and although I have inherited the house I have yet to process it at the Land Registry.

I am worried about balliffs turning up.

The debt is around £7k.

Thanks

JM

they would have a hard time enforcving it after this time ,

the CCJ is still valid but I believe they have to go back to court to continue chasing could be wrong though

Thanks for the reply.

They have yet to send the bailiffs and they have owned the debt a number of years.

However, as I sent the template Statute Barred letter, have I now stirred the hornets nest?

You are confusing 2 different things here. The time limits for "statute barred" and the time limits for enforcing CCJs.

The law on statute barred doesn't apply here because the debtor went to court within the 6 years and got judgement against you, the CCJ. So the statute barred letter wasn't appropriate.

However if the debtor has done nothing to enforce the CCJ after (I think) 6 years they may need permission of the court to enforce it. I don't know exactly what the rules and procedures for this are, hopefully someone more knowledgeable will be able to help.

Thanks for the reply.

How easy is it for them to get that court enforcement?

Why was the delay?

If you had moved and not told then your new address,

and they’d not been able to trace you despite reasonable efforts,

but have now found you because you've only just gone back on the electoral roll:

expect them to be granted permission to enforce.

If you’ve not moved / have kept them up to date (by e-mail) with your address,

and they’ve just not bothered to chase it :

expect permission to be denied

Thanks Bazza

The debt was originally with my main bank at the time and they would have had my current address.

I last moved in 2007/08.

I was on the electoral roll the entire time.

Robinson Way was sold the debt about 3 or 4 years ago

but I had not replied to their letters over the years.

My first contact was with the guy who came to the door the other week.

They have chased it in terms of letters,

but nobody has been to the door bar the guy the other week.

I've not had bailiffs come.

On a regular debt outside of the 6 years since CCJ was issues?

Almost impossible unless they have a very good reason.

Out of all the CCJ's there are that are over 6 years, maybe a tiny handful are eligible.

And in context, hundreds of thousands of CCJ's if not more, and maybe 5 that qualify.

If robbers way are/were involved, then the debt is junk.

They dont get involved in legit debts.

The person at the door wont have been a bailiff.

He'd have been a doorstep collector.

Meaning you could have ignored him completely and he cant have done anything.

When a bailiff is involved, youre sent letters informing you as there are costs involved.

Thanks Renegadeimp

It is Robbers Way.

What is my best way to deal with it?

As mentioned before I mistakenly sent them a Statute Barred letter as I didn't know about the CCJ.

Dont worry about SB letter.

Who owns the debt now?

Have you checked your credit files to see if its on there?

Have you had any recent letters about the debt?

Have you made sure your address was up to date with whoever initially chased it?

It's not on my credit file.

I tend to get a letter about every 3-4 months from Robinson Way.

I've not responded to them as I was too busy dealing with my mum until she passed away last year.

They will have had my address the whole period they have owned the debt.

Just checked the electoral roll data on 192 and it says I'm on the roll for this address 2007-08, 2011, 2013-18.

I think they bought the debt around 2013/14.

definitley sounds like a junk debt. They prob dont even know about a CCJ on it. What were the contents of the letter they sent.

Thanks for the reply. Letter as follows ...

Thank you for your recent email (I actually sent them a letter)

Please note that as this account is subject to a County Court Judgement, the account is not statute barred.

The CCJ was obtained at X County Court Business Centre in October 2008 and the case number is X.

Please complete the financial statement to enable us to get a better understanding of your circumstances and return with your affordable proposal for payment within the next thirty days.

If we do not hear back from you within this time, collection activity will resume.

They're chancing their arm.

They know they cant do anything as its over 6 years.

Thats why theyre begging you and trying to trick you.

by collection activity, they mean just send you more letters.

We've seen the same thing lots of times from lots of different DCA's.

Thread moved to financial Legal Issues forum...please continue to post here to your thread.

Regards

Andy

who was the claimant on the CCJ?

who was the claimant on the CCJ?

Thread moved to financial Legal Issues forum...please continue to post here to your thread.

 

 

Regards

 

Andy

Thanks Andy

They're chancing their arm.

They know they cant do anything as its over 6 years.

 

Thats why theyre begging you and trying to trick you.

 

by collection activity, they mean just send you more letters.

 

We've seen the same thing lots of times from lots of different DCA's.

What would be the best way to handle it? Ignore it? I assume they can't send bailiffs round as is?

no not the original Creditor of the debt behind the CCJ...

who was the claimant that got the CCJ against you?

dx

Ignore them......come back if you get anything from the court...re application.

Andy

no not the original Creditor of the debt behind the CCJ...

who was the claimant that got the CCJ against you?

 

dx

HSBC.

I didn't actually receive the CCJ myself but it was possible at that point it went to the old address, which HSBC repossessed and had my current address prior to that,so say 2008-09 ish.

Ignore them......come back if you get anything from the court...re application.

 

 

Andy

Thanks.If the bailiffs come round can I point them towards something that says CCJ is out of date and you need a reissue?

can't use bailiffs

not sure where you are getting that from

the court wold never allow enforcement outside of 6yrs

rare as hens teeth.

can you answer my question please

WHO is the claimant on the CCJ or the notice of judgement?

dx

if it was HSBC that got the CCJ there is absolutely nothing robbersway/hoist/hph2 or whomever they want to call themselves can do anything to you.

can't use bailiffs

not sure where you are getting that from

the court wold never allow enforcement outside of 6yrs

rare as hens teeth.

 

can you answer my question please

WHO is the claimant on the CCJ or the notice of judgement?

 

dx

Sorry dx, I'm not sure on the claimant. I assumed it was HSBC as that who the debt was with originally. Is there a way I can search for this CCJ?

I was assuming bailiffs would be their next tactic if I ignore them.

have you the CCJ number?

will be an alpha numeric combination