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    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject.   My original  CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  So at a loss as to why the sudden loss of response from them.   Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.  
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Capquest 'CCJ' letter re Cap1 debt - Northern Ireland


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So they used the automated MCOL in Northampton???

 

Did you even receive a court summons?

 

I wonder how they intend to enforce this...?

 

The Scarlet Pimpernel and I both know by our own experience that this could only be done by the Enforcements of Judgements Office in Belfast and even then they (the EJO) would need to bring this before the Master- a Northern Ireland High Court judge- who would no doubt be most unimpressed with the letter you received!

 

(No bailiffs in Norn Irn- due to them being declared fair game by the IRA, the system was replaced by a much fairer (and safer!) system in 1971)

 

I think you can afford yourself a little fun with these muppets.

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  • 2 weeks later...

Im sure the Shinners will be familar with bullet points...

 

Yeah, dont even think about a councillor- its Gerry or your MLA you should be talking to about Capquest.

 

 

I would love to be fly on the wall when Capquest gets a wee letter from Sinn Fein!!

 

Dear Capquest,

 

We think this situation requires meaningful dialogue, failing that one of our authorised field representatives may pay you a wee visit...

 

We know where you live and we havent gone away.

 

Sláint, Gerry

Edited by noomill060
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  • 2 weeks later...

"....and will write off the outstanding balance of £684.00 by way of apology"

 

So, theyve written off a debt which may not even exist, that is the least you should expect. They have admitted their error, so a claim for damages will be easier now. ;)

 

They must be kakking themselves. Go for the throat.

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Illegally and deceptively obtaining judgment against a person outside the jurisdiction of England/Wales, but within the UK...the District Judge isnt going to be a happy bunny.

 

They basically lied to the Courts about shuffler's location, havent they. there will a box to tick to confirm the defendent resides within the relevant jurisdiction.

 

Hmmm..... perjury

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N.Ireland as a partially semi-detached region of the UK always gets forgotten. No one really understands NI's relationship with Great Britain. In some ways its a colony, in others its a self governing dominion within the Commonwealth like New Zealand or Canada, in others its a fully intergrated part of the UK.

 

In law its an independent jurisdiction with its own attorney general and legal system. Solicitors from England or anywhere else are barred from working here. A million small differences.

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"Abuse of process" would appear to describe their handling of this situation in a nicely understated way.

 

So, they have obtained judgement against you fraudulently. They can only have lied as to your address.

 

(But you would think MCOL would be set up to reject postcodes not in England or Wales. God, its cant be that hard to set up an auto reject for postcodes starting BT?)

 

But hey, thats not your problem, they ignored the statement that MCOL must not be used for those residing outside England/Wales.

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You could also mention that their threat of bailiffs was laughable as bailiffs have no power in N.Ireland, besides being an act of harassment- threatening a form of legal action for which they have no power and no legal authority to inflict!

 

(You may also like to mention that the reason that bailiffs have no power here, is because they are considered legitimate targets by the IRA and that the post was abolished in 1971 due to most of them getting a bullet in the back of their head.)

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In the end, it will be court action that gets you justice, so dont worry too much about this letter you're writing.

 

They know how much shte they're in here -all you need to do at this stage is let THEM know that YOU know how much shte they're in, too!

 

Balls in vice, tighten slowly.

 

:-)

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