Hi

Not sure if this is the best part of the forum to post this but here goes.

I have recently received the attached letter from Shoosmiths acting on behalf of Arrow Global (Guernsey) who have a debt that was originally with MBNA.

The discounted settlement figure is for 60% of the total amount outstanding.

A CCJ was awarded in 2011 for circa £12k

Jan 2012 we relinquished our house to the mortgage company

May 2012 Arrow went back to court to get the house added to the CCJ as I had defaulted on payments

On the way way to court my (now ex) wife called to say the mortgage company had sold the house, the letter arrived in the post after I had set out.

In the meeting with the judge and Arrows representative I explained what had happened but had no paperwork to back it up (an hour's bus ride each way would have made me late for the meeting)

The judge duly gave them rights over the property and within 7 days I received another letter saying that we had sold the property without their permission.

I replied stating both the judge and their representative had been made aware of the property sale at the meeting.

I have heard nothing back from them since then.

The CCJ no longer shows on my credit report.

I do understand that the debt is still there but nearly six and a half years after their last correspondence this has come as a bit of a shock.

I do not have any capital to pay off the figure requested,

I own no assets of any worth and I have no disposable income.

The further options they mention (Attachment of Earnings and/or Warrant of Control) have rattled me somewhat.

What is the best response to the letter and what are the likely outcomes?

Any advice would be much appreciated!

Early Settlement Opportunity After CCJ.pdf

AFAIK, after such a long period of time, they will have to answer to the judge as to why it has taken them so long to action the judgement.

They are willy waving and hoping you are as uneducated as they.

They've had plenty of time to take action and they've failed to do so, tough.

IMO it doesn'teven merit a response to them, file it, keep it safe and keep an eye on your CRF.

Thanks for the quick response, really appreciated.

With regard to the CRF, is that a general keep an eye on it or is there something possible directly linked to this?

If the CCJ has already dropped off it, then just keep an eye on who (may possibly) be searching your files, IF it shows up.

They cannot add the old CCJ once it's dropped off, just as they cannot re-add defaults that have dropped off.

There probably won't be any movement on it at all, and what you've received is simply a computer generated threatogramme that some dullard has told it to send when they've been checking their archives.

Thanks again, I'll keep an eye on it and update if needed

Retitled and moved to legals

Ignore them

Thanks

Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.

Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.

It's the "unless" part that worries me

Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.

Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.

Thanks, that does help

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

That is a great explanation, and very reassuring. Thank you again