old first national bank loan with old CCJ, now with Link

[buggaluggs]

I started this thread 5 years ago but I never actually completely resolved my debt problem.

 

The only correspondence I have had regarding this debt since 2009 is a statement of account each year

showing the balance (which is the same every time) it doesn't actually ask for payment but the prospect of them doing so is bothering me.

 

Does anyone know how successful they would be in getting the CCJ enforced after 14 years?

 

I am concerned that they may have been biding their time until I was in a better financial position (In their opinion)

and if they did get it enforced would they have to do it for both debtors or just me?

 

I still have the documents from the SAR and wondered if someone would take a look at them for me.

[dx100uk]

who took you to court and what date

 

dx

[buggaluggs]

First National Bank PLC obtained the Judgment on 13th June 2000.

[unclebulgaria67]

As has been said before, if they want a courts help re the CCJ they got in 2000,

they would have to make an application to them.

 

Although the CCJ does not die as such,

I believe they have 6 years to enforce the judgement

and if they don't do it within the 6 years, a Judge is unlikely to extend.

 

I would think there is not much chance of this debt coming back to trouble you.

 

They might send you an annual statement,

but this is just so they can evidence contacting you.

 

The tricky bit for them is taking the matter back to court.

[buggaluggs]

I tried to get a solicitor to have a look for me but they wanted £500 upfront which isn't affordable for me.

 

 

They have had me address since 2008 and done nothing at all to enforce, they also had my address within the 6 year time period (2003) but did nothing with it.

 

 

Suppose I am just spooked again by getting another statement!

[dx100uk]

all dead and buried by now.

 

cant see why they are sending you any statements

 

theres no requirement too after all this time

 

dx

[buggaluggs]

According to some things I have read CCJs never disappear completely, just scared of them trying to make me bankrupt one day in the future, would love to be able to get rid of it somehow!

[silverfox1961]

Hi

If they tried to enforce the CCJ, they would have to go back to court and they would have to give you notice. You can them object to the enforcement. Unless there are really, really good grounds, no judge is going to allow the enforcement. They have had plenty of time to get their 'bite of the cherry' so really, stop worrying over this.

 

They will struggle and this letter is just another trick up their sleeves to disturb you. Don't let it.

[buggaluggs]

Thankyou. All responses and help are very much appreciated.

[buggaluggs]

I have found discussions on other forums.

 

this states that if the claimant tried to enforce the ccj within the 6 years

then a judge would have no problem in enforcing it at any time afterwards!

 

From the transcripts I have, they initially tried enforcing it with my ex from 2000-2003

on a couple of occasions, then in 2003, it said they would try and pursue me.

 

Then nothing recorded until 2006,

where they were apparently trying to trace us both again

(despite knowing our addresses in 2003).

 

Debt was sold in 2005 to asset link,

who found me in 2008, wrote to me in 2009 and just annual statements since.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?398807-CCJ-aged-over-6-years

 

and this one, one of the posters had his enforced,

but he had been paying it for 10 years and the DCA wanted a redetermination of payments

if I am reading it correctly

 

I am obsessively googling this as it seems there are previous cases

where a judge has enforced old judgments. Really frightening me now!

[dx100uk]

please refrain from posting links to external sites without permission.

 

i'll pointout some of those threads are really 'doubtful'

 

I can guarantee 100% tht if link have this debt then its as dead as a dodo.

 

there no-way a DCA can ever get it back into court

 

they were not the claimant

and the claimant had 6yrs to sort the issue out.

 

you are on a phishing list

 

that's the bottom dollar here

and because theres an old CCJ knocking around

these DCA's think they have a magic bullet on debtors

 

they DONT.

 

esp where LINK is concerned.

 

pers i'd forget all about it.

 

dx

[buggaluggs]

Not worth consulting a solicitor then?

[dx100uk]

for what ?

 

the only thing i'd be doing is wondering

if all the payments ever made actually went of the debt

but as you've made none

 

no issue there

 

dx

[buggaluggs]

Sorry, I hope I am not coming accross as ungrateful for advice. I have read around the forum about this company and its a familiar story it seems. Just wish I could get it wiped out in some way as its currently affecting my mental health.

[dx100uk]

if a creditor or dca 'thinks' they own a debt that's due

they are duty bound to send a statement of account once in 12mts.

 

that's all it is.

 

doesn't mean anything is owed.

 

dx

[buggaluggs]

I wish I had known about this years ago and I could have done something about it.

I also wish I had bèen less naieve when i was with my ex!

[buggaluggs]

Just a thought, part of the ccj is for money owed for ppi and the dca has added interest onto this.

Whats your opinion on trying to claim this back to pay off some of the debt.

[dx100uk]

the ppi will all goto you

 

the debt has been sold

 

good thinking

 

dx

[buggaluggs]

On one of the links I posted (but shouldn't have) i have had notification of a reply that states they are unaware of any court not allowing the renewal of a ccj of any age in recent years!

 

You mentioned them threads may be dubious, what did you mean?

My own fault for asking the same question in different places but I am now confused!

 

I have also been reading an old thread on here with regards to a court granting a charging order 16 years after judgement and that there is apparently no time restriction on this!!

 

Now i am worried this may happen to me, my ex will get away with it as hes not a home owner and my husband and children will be the ones made to suffer.

 

God I feel sick over all this!

Edited May 4, 2014 by buggaluggs

[dx100uk]

unless the present owner of a debt was the CCJ claimant

its as rare as hens teeth.

dx

[buggaluggs]

I think in one of the cases, the dca applied successfully to be the new claimant

[buggaluggs]

I know this is an old thread and I have started my own, however, this has spooked me a fair bit!

I have a 14 year old ccj and so does my ex for a joint home improvements loan. Apart from annual statement of accounts they have not asked for payment since 2009 which is when I discovered I had the ccj from 2000.

 

After reading this thread I am starting to think that I should do something about this rather than leave it and one day they decide to act but I have no idea on how to proceed or maybe I should follow the advice given on my thread.

[dx100uk]

opps no good

 

you need to make a multi page word doc of them

 

THEN convert that to a PDF

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[buggaluggs]

hoping this works!

[unclebulgaria67]

I know this is an old thread and I have started my own, however, this has spooked me a fair bit!

I have a 14 year old ccj and so does my ex for a joint home improvements loan. Apart from annual statement of accounts they have not asked for payment since 2009 which is when I discovered I had the ccj from 2000.

 

After reading this thread I am starting to think that I should do something about this rather than leave it and one day they decide to act but I have no idea on how to proceed or maybe I should follow the advice given on my thread.

 

Mortgage/secured debts are different to normal debts in regard to limitations act.

 

Stick to the advice on your own thread.