very old credit agreements, need help please

[easilymisled]

For a few years now, my Dad has been trying to keep his business going, and finally resinged to the fact that he couldn’t make it work last year. He advised all his creditors this was the case, and has been paying as much as he can afford through the CCCS ever since.

1 of the accounts has been sold, and a solicitors have taken it on. They took out a CCJ against my dad, and added court costs, etc, whilst my father was still making payments through the cccs. The consequence of this is that it will take dad apprx 18month to just pay the court costs added! What makes this more pointless is that the court fixed the cost to be paid back to them at the same as he was already paying the ccs! So all they have done is make him worse off, and added 18 months to his payment plan! What a waste of time!

I don’t have the best understanding the debt world, but I thought that if you was paying what you could afford through an independent company like the cccs, then the debt couldn’t be sold on, and no further action could be taken against you??

The problem being now that as he has the CCJ, he cant re-mortgage, so he cant ever actually pay his creditors off now! Its all a bit of a mess.

But the good point is that all of the credit agreements (he has 6 accounts in total) were opened between 1985-1989. Would any of these be unenforceable?

Please can you advise me what is the best process to follow? Should my father keep paying the cccs? He doesn’t want to loose the house, but if we can do anything to get a few of these accounts sorted out that would be good.

[Seminole]

Can you confirm that he was a sole trader and not a limited company?

 

The old accounts may or may not be enforeceable. It doesn't depend on when they were opened. If he hasn't made payments against the debts and has hasn't acknowledged them in writing for six years then they may be statute barred.

[easilymisled]

yes he was a sole trader.

 

he has been making payments through the CCCS, i'm just looking for help as to weather the agreements would be enforceable or not, as he is working 6 days a week at the moment, just to afford to pay the bills and eat!

[palomino]

In that case you will need to request copies of the agreements and examine them individually.

[palomino]

They took out a CCJ against my dad, and added court costs, etc, whilst my father was still making payments through the cccs. The consequence of this is that it will take dad apprx 18month to just pay the court costs added! What makes this more pointless is that the court fixed the cost to be paid back to them at the same as he was already paying the ccs!

 

This seems rather odd : Did your dad attend court? Did he explain about the payments to CCCS?