20 Year old debt.......?

[Nick W]

Hi

 

My friend has a debt which is 20 years old.

 

He had a CCJ against him 20 years ago with a finance company for a loan.

 

The CCJ allowed for installments of £20 per month.

 

He has kept to this to date, but now the finance solicitors want to increase payments or get him to have a medical (as he cant work) to confirm this.

 

1) Would I be correct in thinking that the debt is NOT statute barred as he has kept making the payments?

 

2) I assume he can tell the Solicitors to bugger off as he has kept to the agreement?

 

3) Should he fire of a CCA and see if the agreement is valid at all?

 

Any other ideas or does that about do it?

 

Cheers

 

Nick

[rory32]

1) Would I be correct in thinking that the debt is NOT statute barred as he has kept making the payments?

 

Yes, but as there is a CCJ it wouldn't be statute barred even if he hadn't paid it.

2) I assume he can tell the Solicitors to bugger off as he has kept to the agreement?

Yes, only the court can vary the agreement.

3) Should he fire of a CCA and see if the agreement is valid at all?

That would be fairly pointless IMO as the CCJ enforces the debt and after 20 years he would have no chance of getting a set aside on the CCJ.

Any other ideas or does that about do it?

Are there any charges on the account?

[make them aktiv runners]

1. Correct

2. Yes, he is paying a court order. It can only be varied by the court. In the circumstances they are more than likely going to fail and they would be liable for costs.

3. Can, but only helpful if contesting CCJ which is difficult after all these years.

[make them aktiv runners]

u were quicker!

[rory32]

And I typed more

[spamheed]

absolutely amazing

 

they will try anything, I would report them, they should know better

[Nick W]

How about this???

 

If he speak to the Sols and asks them for a copy of the CCJ Order.

 

I doubt after 20 years they would have the actual order as the Court wont keep a copy as it drops of their system after 6 years.

 

If they DONT have a copy, then he doesnt need pay? There would be no record?

 

Thoughts?????

 

Cheers

 

Nick

[spamheed]

The whole point of a CCJ is to ensure payment of a debt

 

it would still no doubt be recorded with the courts somewhere, although at 20 years old, it would still be worth asking them to verify the details of the CCJ and see what they come up with.

 

As Rory says, they can't do a thing to change the payments without returning to court with a bloody good argument.

[babybear39]

If your friend is too ill too work he could apply to the court to have the amount varied to a lower rate

[Nick W]

If your friend is too ill too work he could apply to the court to have the amount varied to a lower rate

 

I had thought about that! But it was set £5 a month 20 years ago, with inflation etc, they would rasie it???

 

Nick

[ODC]

I had thought about that! But it was set £5 a month 20 years ago, with inflation etc, they would rasie it???

 

Nick

Not if he is not working and can show that he cannot afford to pay more

[babybear39]

If he's on basic benefits and DLA he should only be paying £1 a month