I took the bull by the horns as I didnt want any issues when I die and my beneficiaries unable to handle it Result :Cabot have Closed their account Letter states I Believe that you remain responsible for this account However due to the age of this and the time that has passed I have made the decision to close the account. You will not be contacted by us or our agents again regarding this matter Onlyme again My letter to Cabot; I DO NOT ACKNOWLEDGE THIS OR ANY OTHER DEBT OR ALLEGED DEBT TO YOU I WILL NOT PAY ANY MONIES TO YOU FOR THIS OR ANY DEBT OR ALLEGED DEBT In previous correspondence you state that the alleged debt is in relation to a County Court judgement in favour of Blackhorse/ Lloyds You have shown no evidence of this or of transfer by The Court of any debt, CCJ or alleged debt to your company. Should you believe that you have authority for this alleged debt please supply copies of all documents showing your entitlement The original alleged debt is statute barred preventing you from you taking any action, I insist that you stop all contact with me in accordance with the limitations act 1980 The alleged CCJ being 13 years old cannot be enforced without an order from a court in favour the original creditor The alleged CCJ cannot be enforced by you without the order from the court in your name A court will not allow any changes to a CCJ without a further order I will Not pay any debt to you alleged or otherwise without the order of a court in your favour Should you continue to pursue me for this alleged debt I shall raise a complaint to the Financial Conduct Authority asking for their intervention The consumer credit handbook states: CONC 7.15.8R01/04/2014RP A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred. I am classified a vulnerable person due my various health issues, I insist that you stop any further letters or action I ask that you confirm in writing that you have no further interest in this or any other alleged debt

THank you Uncle your reply is very helpful, Does any one know what sort of % Crapbots may accept

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

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

ccj for £11k 14 years old -lloyds gained it and then sold the debt to DCA I get lettters every 3months or so, asking ne to call to arrange payment but I ignore and have considerred asking for a small full and final

I have recently made a will and would like to understand how to deal with an very old ccj bought by a DCA so that they dont try to claim on my estate when I die. Pointers to other threads or advice welcomed Onlymeagain

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

As I said earlier in the thread, I have not seen the document that was attempted delivery, my wife (not Ex) only had a cursory glance at it, so its best that we wait for further attempts at delivery to EX SD route is well explored now thank you

both hmrc and divorce sols gained ccj and charging orders (form K) against ex's beneficial interest on both properties Property 1 was sold and form k remove post completion property 2 still has charges against ex and is due to be sold once I can renovate it

There is still one restriction in place on the unsold property

Yes form k is in her name for both creditors and still live on unsold property 2

Yes there is still a standard form K restriction in place on our jointly held house where she is now bedridden. I havent seen the document that was attempted delivery so best to wait until something turns up at property 2 where ex now lives

IS SD a further action that is not allowed as per my above post I shall wait to see the actual document when it arrives

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.

I shall wait and see exactly what the server was trying to serve once it arrives at the correct address Security is still on one property and as I am also the beneficial owner of 50% I dont think they can force sale I dont understand this sentence could you explain please

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

SD to ex from ex solicitors who held a form k for a ccj from 10 years ago

Stat demand attempted to be delivered today!! not delivered so not served and no copy of it as yet They tried to serve it on my wife ( similar name to my ex wife ,the debtor)

Sale of Property one has now gone through half Funds transferred to ex Creditor 1 (divorce solicitors) have already contacted our solicitors asking to be repaid (too Late) I am still wary about what can be done so I shall keep all updated.

I understand what you are saying and how difficult it is to go back to court for further enforcement after 12 years and having had a rest k Surely when they find out that she has had a chunk of money they willl consider other options -Stat demand? or HMRC bailiffs ?? or???

Judgment summons If you do not pay what is ordered on a CCJ, HMRC can ask the court to issue a ‘judgment summons’. This orders you to go to court and explain why you have not paid. You can be sent to prison if you have (or have had) the money to pay the amount shown on the judgment summons and have wilfully neglected or refused to pay as the court ordered. Although this power exists, it is not currently being used by HMRC. I think she needs to get specialist advice on how to negotiate. She has been bed ridden for many years and is often "not with it" due to medication It looks likely she will need to pay HMRC from the first property sale

I think she is going to get some grief from HMRC I found my copies of the restriction today and the debt she had with them got a ccj for £27k attached to it. I dont know if interest is added at 8% and she hasnt got any other information I cant see them letting her get away with it but dont know what further action can be taken by them. Any thoughts on what other actions HMRC can take??

thank you for your replies dx she was a sole trader

Debts relating to HMRC are for business tax She closed a business but wasnt very savvy She bought a small hair salon, didnt realise that vat was payable , closed the business and got a bill after losing a fortune actually buying the business CCJ was granted in January 2012 she hasnt heard anything for years and is bedridden so I think she was regarded as vulnerable with no income. Other CCJ was 2010 from her divorce solicitors who totally saw her coming we owned several properties my divorce bill was £2,000 hers in the order of 15k and rising Both HMRC and solicitors have restrictions on both of our jointly owned properties that we are now selling due to her illness

They were debts due for a hair dressing salon that she ran very badly. What can they or the solicitor company do once restriction 1 is gone ?? they will still have the restriction on property 2 but will be aware that a sale can go through without paying the CCJ I am as always trying to pre-empt possible issues.