Old ccj (2001) Can this still be Enforced?

[Helpsmepls]

Can anyone Help me?

I am starting this thread for a good friend.

 

My friend took out a loan with barclays bank in 1998 ish, and ended up getting a ccj in october 2001, he then left the country for some years, he then moved back to uk, after about 4-5 years of being back in the uk he was contacted by BMS, (this was about 3 months ago) and was asked to clear the debt in full (7k). My friend told them that the debt was over six years and he said i am not paying anything, but they said it is not over six years and confused him, so he offered 50% but they refused, so he made a payment over the phone (few hundred).

 

He then looked into it and found that it was way over 6 years.

 

So i read on this forum about the letter asking for a copy of the original agreament, i then made him a copy to send of to them.

 

He got a letter back from them 2 days ago......

 

Dear Mr .....

 

County Court Claim No: .......

 

I thank you for your letter of the 3rd of june 2009, the contents of which are noted.

 

Unfortunatley, the sections of the Consumer Credit Act bear no relevance to this account as it is only applicable to debts pre-judgment.

 

You will note from previous correspondence that Barclays Bank Plc, the former Claimant in this matter obtained a County Court Judgment against you on the 11th October 2001 under the claim number as shown above.

Barclays Bank Plc, then requested the file be transferred to the B.....y County Court with a view to enforcing the judgment by the way of an Attachment of Earnings.

 

Should you require further information concerning the current and valid Judgment, may i respectfully suggest you contact B....y County Court directly. The Courts office is open from .......... you can also contact them via the web ......

 

With the above in mind, i return herewith your postal order and look forward to hearing from you accordingly with your repayment proposals.

 

Your Faithfull

..........

 

Are they right in what they are saying?

Was it a big mistake to make the payment over the phone?.

Is there anything my riend can do to try get rid of this debt other then paying it?.

 

Sory for the lack of accuracy in dates and stuff.

 

Thanks in advance for your help.

[OnMyWayOut]

As I understand it, once a CCJ has been issued, there is no statute of limitations, but the creditor would have to request permission from the court to be able to collect again if there have been no payments for a certain amount of time. They would have to justify why they let payment collection lapse.

[42man]

Welcome to the CAG forums H...They will have no obligation to send you the agreement as they don't have to....you would have to send a SAR to the original creditor (however they may not have the agreement any more) - However if there has been a gap of at least 6 years where you haven't made a payment (OR even if you have made a payment recently even if there is a gap of 6 years then it tends to be regarded as barred - however CCJ's don't become barred as such, but the emphasis turns on the debt collection agency to explain why they hadn't been able to collect on the debt....if the person has been convicted of fraud or has changed their name or has faked their death then a judge would probably grant....however I have never heard of a case where it has been enforced in court after 6 years....(when a CCJ is in place)...

[Helpsmepls]

Thank you OnMyWayOut for your reply.

 

Thank you 42man, i did think that was the case, based on that what do you think my friend should do next to try get BMS of his back?

 

Again thank you so much for your help.

Edited June 12, 2009 by Helpsmepls

[r&b]

id be tempted to send them a letter explaining the situation that as the debt has a gap of over 6 years, he will only answer to an order of the court. it doesnt come under limitations act, not statute barred, so they can go back and get an enforcement order but it shows hes on the ball and wont be bullied and makes their life a bit more difficult.

 

others may have better ideas....

[Helpsmepls]

Thanks for that r&b, i will try to put a letter together for him, not really good at this sort of thing lol.

 

Did they break the law by taking a payment when the ccj was over 6 years old and because they did not get a enforcement order?

 

Thank You

Edited June 12, 2009 by Helpsmepls

[r&b]

Did they break the law by taking a payment when the ccj was over 6 years old and because they did not get a enforcement order?

 

not unless they used the latest police methods of water torture !!!!

[Helpsmepls]

lol

[Helpsmepls]

Onmywayout,

Would the bank who took out the CCJ have to awnser to the court, or would it now be down to BMS?.

 

Thanks

[postggj]

To Begin With, Forget About Trying To Claim Back Any Cash Allready Paid, Put It As A Lifes Lesson

 

Ive Never Come Accross A Thread Where A Ccj Has Been Enforced After Six Years.

 

They Would Need The Permission Of The Court And A Judge Would Say

 

Why Are You Starting To Collect After All This Time.

You Had Your Chance Now Bog Off And Dont Waste My Time

 

Bms

 

I Take It Thats Booker Management Services

 

Just Ignore, Typical Dca Pay Now Or Be Hung Drawn And Quartered

[Helpsmepls]

Hi postggj,

 

No he has no intention of trying to claim any money back, only to try not to pay any more .

 

Ahh nice this will please my friend.

 

Is there any default letter i could copy or is there anyone who can typ me a short letter up to send, i just want to make sure i get the wording right.

 

Or should he just ignor them?

 

Yes BMS is Booker.

 

Thanks alot for your help

postggj.

[Helpsmepls]

ok i found this letter on here posted by Barracad. can i send this? i know CCJ,s are not statute barred but i cant find a letter to state the CCJ is over six years old, also i am a bit worried about the fact my friend made a payment a few months ago, even though this was after a six year period had passed.

 

Here is the letter,

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

Thank you for your letter, concerning the above account. We are sorry that you are unable to write off the outstanding debt.

 

The majority of our creditors have agreed to the request that the debt be written off. They have accepted that our circumstances are such that we cannot realistically maintain payments of any kind.

 

We would therefore be grateful if you would reconsider your decision not to write off this debt. Please take the following information into account when making your decision.

Paragraph outlining the special circumstances you have that you want the creditor to take into account.

 

We would therefore be grateful if you would give careful reconsideration of your decision not to write off this debt. Should you not feel able to agree to this request, please consider accepting token payments on this account of £1 per month. As you will see from the enclosed personal budget sheet we have no available income and are not in a position to make realistic offers of payment. Additionally we would also ask that any interest and charges on the account be frozen to avoid the situation worsening.

 

Yours faithfully

Mr A N Other

 

Any more help will be greatly appreciated, a donation will be made to the site if my friend can get rid of this debt.

 

Thank you

Are you letting your bank keep your money Are you giving away thousands of pounds??

 

Many people aren't claiming all of the money they are entitled to when they make their bank charges claims.

 

You have been forced to pay unfair bank charges.

Have you forgotten that your bank has charged you inteest on those charges?

If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you.

Yet you are paying interest to the bank - on your own money!!!

 

Follow this link to see the discussions on this.

You might even double th size of your claim.

[Helpsmepls]

Ok i have spent most the day trying to sort this letter out to send, i would be greatfull on any advice on if you think this is ok.

 

Dear Sir/Madam

Re:- Account/Reference Number ........

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

I would point out that under the Limitation Act 1980 Section 24 "Time limit for actions to enforce judgments"

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became

enforceable.

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the

debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made

since that time, (There was a full six year gap) Apart from the payment i made over the phone about 3 months ago, though this payment was outside of the six year gap, and i only paid a payment on this alleged Debt in fear of balifs coming to my property, i was bullied into paying, and thought i will pay it then look into this alleged Debt then contest it at a later date. Unless you get this account Enforced by a County Court Judge, under Section 24 of the Limitation Act, i suggest that you close this account and do not harras me any further

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not

be paying a debt because it is statute barred (as such) could amount to harassment contrary to ( CPUTR 2008 )

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above

account after that last letter.

look forward to your reply.

Yours faithfully

Mr ........

 

 

Thank You

Edited June 14, 2009 by Helpsmepls

[Helpsmepls]

any advice anyone please?

[r&b]

this excerpt from the following link:

 

If the creditor has previously taken you to court and you have received a County Court Judgement, you will be unable to use the Limitations Act 1980 to dispute the debt. If the judgement is over 6 years old the creditor may need the permission of the Court to enforce the debt.

 

The Limitation Act 1980 | Debt Advice | Payplan

[r&b]

if u dont want to ignore as postggj suggests, then u cud use smtg like this and then ignore anth else they send....

Dear Sir,

I write regarding the above account dating from (date/year) under the above reference.

In recent communications regarding the above account, you have indicated that you view there to be a remaining debt. As there has been some lapse in communication totalling (6yrs + wotever) I was of the view that this debt was either settled or written off. My understanding of the matter is that, in order for you to demand further negotiation for payment, you will require an order of the Court.

I require that unless you obtain such an order, you refrain from any further communication as this will result in my complaining to any regulatory or official body that I see fit, with regard to this harrassment without further notice.

Should there be any doubt as to the reasoning of my previous payment made on (date) you will of course be aware that I was put in an untenable situation by yourselves with the threat of bailiffs unless I made immediate payment. This I regretfully complied with, purely under such duress and would not have done so had I been able to assess my situation further. Should I find it necessary, this will be included in any complaint procedure.

I trust this makes my position clear on the matter.

Yours Faithfully

[sam614]

hi. they need permission from the court.

 

the OC would need a damn good reason why they have not enforced before.

they would need to produce the original judgement details,as it is removed from central court records after 6 years.

 

In the case of a **** DCA they would need the judgement details.and proof of purchase.

 

but the judge will only grant permission within 6 calender months of the purchase date.

 

SAM:pLOWELL DETESTER

[postggj]

thanks sam

 

just as i thought

[sam614]

yep. they will never get permission as the court states that 6 months is long enough.

 

SAM

[r&b]

yep. they will never get permission as the court states that 6 months is long enough.

 

SAM

 

excellent a definitive answer.

SAM, would u be kind enuff to mention where stated just for future ref?

 

cheers r&b

[sam614]

dont know where it is stated

had to go this route with help from district judge appointment,arranged by MP

 

judge states that in the case of a assignment to a third party,6 months is enough time to enforce,

 

allowing the buyer time to obtain all details from the oc,because they are not given at the time.

 

this is only after a 6 year period,when it has fallen from credit file.

removed from central records

and OC no longer holds details

 

 

there is no time limit if it is under 6 years,

as they still hold records at court/and they could show the ccj in place on your file

and OC will still have details

but they would still need a reason for delay

 

SAM:pLOWELL DETESTER

[Helpsmepls]

Thank you very much R&B for the letter, sounds like it should do the trick fingers crossed.

 

Thank you sam614, postggj for your time and help.

 

Will get my friend to donate to the site once he knows he is in the clear.

 

Many Thanks

Helpsmepls ;-)

[Helpsmepls]

Hi,

 

R&B, my friend sent the letter you kindly done, he got a letter back from them saying he made a payment in 2004, but he knows for a fact that he never made a payment, he checked his bank records to be sure and he never paid anything.

 

What do you think he should write back and say?

 

Thanks

[r&b]

Hi,

 

R&B, my friend sent the letter you kindly done, he got a letter back from them saying he made a payment in 2004, but he knows for a fact that he never made a payment, he checked his bank records to be sure and he never paid anything.

 

What do you think he should write back and say?

 

Thanks

 

i would simply ask for the proof of payment and say his records are difinitive as he only uses one method of payment from one account and this shows no such payments having been made. in the proof, you require exact date, exact amount, exactly from what account and bank the paymt was made and to which account it was credited and on what date, etc. confirmed by statements of the account.

and anth else u can think of to determine any paymt having been made.

funny they didnt mention a date in 2004 eh!!!

[sam614]

2004 to get it below 6 years.to seek permission.

 

what date do they claim to have brought the debt,or do you know when first contact was.