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michellefromessex

CCJ, Divorce agreement, Link want payment now 8 yrs later

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Hello, could someone help me as I am in a right panic today. I will keep this as short as I can

 

1999 me and my ex husband took out a loan with First National Bank, he left me in 2000 and stopped payments to them, we were both taken to court and a CCJ was issued to us both, with my debt being recorded as £6,430 to be paid in monthly installments of £2.50 (was on income support at the time).

 

in 2001 I divorced my husband and it was agreed in our divorce statement which was settled in Chelmsford County Court that my ex husband would take on all payments for the CCJ and release me from the debt, I was advised that I could stop making the payment of £2.50 per month.

 

In 2007 Link Asset contacted me to tell my my ex husband had not made payment since Oct 2003 and that they wanted me to make payments, I told them of our divorce settlement and sent them a copy of the court order showing his agreement to take on the debt. I heard nothing more.

 

Today I have received letter saying they are going to issue proceedings against me for the full balance of £14k, I said that if I agree to the £2.50 payments again would it get them off my back and they said yes.

 

I have checked my credit report with Credit Expert and the CCJ no longer shows up on my file, what steps should I take now? should I set up a standing order and pay the £2.50 payment which relisticely I am never going to clear or am I entitled within my legal rights not to pay anymore towards this debt. The bloke at Link said I am legally obliged to clear the debt and that the court divorce agreement wouldnt stand as it was something taken out between the two of us and I should be speaking to my ex husband about it, my ex husband and myself have no contact anymroe he does not even live local,

 

I have since re mortgaged with my new partner and am now in employment, what worries me is that a county court baliff may come and take goods from our property as no payment has been made for such a long time.

 

Help someone please

 

thankyou xxx

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I may be wrong, but how I read it you're off the hook. First National got the CCJ, you stopped paying it in 2001, and your ex stopped paying it in 2003. In 2007 link aquired the debt, and contated you then. The OC had made no effort to enforce the CCJ. I thought if a DCA (link) aquired a debt subject to a CCJ they must act apon it within 3 months or it is lost. I may be wrong but i think it is something along thses lines

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Sign nothing, admit nothing, there is something called the Statute of limitations, it states that after 6 years of non payment on a debt then you are no longer liable, just tell then that the debt is statute barred, there should be a letter in the templates section. Remember though, never speak to them on the phone, admit nothing, sign nothing and let no one into your house., make them put everything in writing.


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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thankyou I did tell them that I wanted them to send me my original signed credit agreement which they recon they have, I also said I didnt want any phone calls and everything in writing.

 

Re the statute barred - does this apply to CCJs though? I agreed over the phone to start making monthly payments of £2,50, so they have me now dont they?

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did you make the verbal agreement to pay today?

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did they tape the conversation? it is their word against yours, plus, they put a tremendous pressure on you to agree, Google Statute Barred and see what it says, they are being very naughty in trying to recover this money from you especially as your ex was supposed to be taking it over, BUT all that said, it is over 6 years, they had the CCJ but never chased you after the divorce, it is their problem, it is Statute Barred now.

 

I would deny everything and tell them that you will complain to the FSA about their underhand and bullying tactics.


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I suggest that you contact a site helper and ask them to change your user name to one that doesnt include your real name and location, just hit the warning triangle underneath the post count :-)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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thankyou I did tell them that I wanted them to send me my original signed credit agreement which they recon they have, I also said I didnt want any phone calls and everything in writing.

 

Re the statute barred - does this apply to CCJs though? I agreed over the phone to start making monthly payments of £2,50, so they have me now dont they?

 

 

No its not statute barred because its a CCJ but they would need the permission of the court to enforce it now


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They would need a VERY good reason, and, as they have always known where you are, they have nothing.


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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You haven't paid anything towards the CCJ for over 6 years so the creditor would need leave from the court to enforce it. The fact that there was a settlement with your ex would weigh heavily in your favour. You can tell Link that you they can do nothing without a court order. No one is going to call at your door - Link doesn't have the power to touch you without that order.

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Going back to post #1

 

Today I have received letter saying they are going to issue proceedings against me for the full balance of £14k, I said that if I agree to the £2.50 payments again would it get them off my back and they said yes.

 

 

Really, but they will settle for £2.50!!!!

 

For the reasons already stated, they are dreaming.

 

David

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did they tape the conversation? it is their word against yours, plus, they put a tremendous pressure on you to agree, Google Statute Barred and see what it says, they are being very naughty in trying to recover this money from you especially as your ex was supposed to be taking it over, BUT all that said, it is over 6 years, they had the CCJ but never chased you after the divorce, it is their problem, it is Statute Barred now.

 

I would deny everything and tell them that you will complain to the FSA about their underhand and bullying tactics.

 

Yeah I think they were taping the conversation, they were putting a lot of pressure on me to pay. I googled statute barred and it doesnt apply to CCJs, what sort of wording should I use when sending a letter to them now?

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Just point out to them that although this is in respect of a CCJ because there has been a lapse of 8 years since your last payment that they would need to apply to a Court for enforcement with very good grounds why they have not pursued the debt before now.

Tell them also that should they make such an application, you will supply the Court with proof that they knew where you were living during this period and documentation from Chelmsford County Court proving that as of 2001? any liability in this matter was attributable to your ex husband not yourself.

 

As Cashins quite rightly points out there is a very good reason why they are considering accepting £2.50 per month on a £14k debt and that is because they know full well they are entitled to nothing, nada, zero, £00:00 and on the time aspect alone I cannot see a Court entertaining them and even if they did you've got the earlier court judgment as indemnity.

 

Also tell them this is your final word on this matter, you are not prepared to speak to them on the telephone and you shall in the circumstances construe any such contact as harassment.

 

And... You await confirmation that they shall cease collection activity upon this account, and any attempt to pass this alleged debt to another company whether that be in the same group or an independent company shall also be construed as harrassment, constituting as it does colection activity.


You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Thank you, im no good at wording letters so really value all your comments its helped me alot.

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