Aktiv Capital chasing old GE capital debt with a 2003 CCJ

[BIGMAN2708]

Hi,

 

 

I have recently received a letter from Aktiv Capital chasing an old debt they purchased in April 2004.

 

 

This debt had a judgement set against it in February 2003 for the balance of £1600.

The debt was originally with GE Capital (know owned by Santander)

or sold it on to CL Finance (The Lewis Group) and it is now being chased by Aktiv Kapital.

 

This is the first I have heard from then in many years.

They are offering me a one off payment of £320 to clear the debt in full and final settlement.

Am I right in saying that this debt is not statute barred as it still has a CCJ against it,

even though this is not recorded on my credit file anymore?

 

Where do I stand in regards to this debt, would they have to go back to the court to enforce the CCJ?

 

Any advice will be of great help.

[citizenB]

Which company was the claimant in the Judgment . The original creditor ?

 

Did you not pay the judgment debt as per the Court Order ?

 

It is my understanding that if a CCJ is older than 6 years, then they might have to return to court to enforce the judgment.

 

Wait for others to comment.. before doing anything.

[BIGMAN2708]

Yes, the Judgement was with GE Capital. One payment of £127 was made on the judgement. From that period on no payments were made due to house repo.

[BIGMAN2708]

Hi, can anybody else give some advice on this please?

[unclebulgaria67]

If 6 years have passed since the CCJ and payment, then they would have to go back to the court for further enforcement. The CCJ no longer enables them to enforce the debt, without consent of a judge, which they would not receive.

 

Just make sure that you are certain that they did not take any other court action since the CCJ. Can you enquire with the courts service as to whether they have note of any further action with the CCJ, since it was granted.

[Stigman]

Has the CCJ got GE Capital named only?

if so Activ Kapital cannot do a thing with this judgement regardless as they are not named

[BIGMAN2708]

Hi, thanks for the advice. Is that right that a judge would not consent them to enforce the CCJ again, if so why is that the case. Also, what do I do regards Aktiv Capital, as they now have my current address and phone number they will just keep hounding me.

 

I will check with the court to see if any other action has been taken, but I think that this is not the case.

[BIGMAN2708]

Hi Stigman. Yes, the CCJ has GE Capital named as the creditor. But can Aktiv take this back to court and apply for another judgement? If not, what response should I give to Aktiv Kapital?

[unclebulgaria67]

Tell AK, that the CCJ as far as you are aware is no longer in force to enable enforcement and you will be making enquiries with the court service about this. If you find that AK have not been telling you the accurate position, you will be making a complaint to the OFT. Just leave at that. Make a note of all phone calls, as evidence of any undue harassment to help with the OFT complaint.

[BIGMAN2708]

Hi, this is the reply I received from AK in response to my Statute Barred letter I sent them:

 

Thank you for your email.

 

You are claiming that the account is statute barred under the Limitations Period. Upon our own investigations, we have confirmed this not to be the case.

 

Santander (formerly GE Capital) were the original credit providers in this matter they registered the original default against you and then sold the account to CL Finance (also known as The Lewis Group) who obtained a Judgment against you

 

The details are:

 

GE Alt REF 6319151624045930 Creation Date 19/12/2002

Last Payment Date 27-Aug-03 Last Payment Amount £127.25

Date Written Off 19/04/2004 Write Off Amount £1631.03 Reason for Write Off Uncollectable

Total Expenses £237.25 Total Paid Since Default £ 127.25

Court Code 335 Case Number XY248005

Issue Date 23-Dec-02 Judgment Date 07-Feb-03

Judgment Instalment £100 Judgment Date 07-Feb-03

Total Fees £133 Total Costs £ 104.25

Last Warrant Date XX-XXX-XX

Amigo 2 -Mar 2004 Debt Selected: 31/03/04 Debt Sale Date: 15/04/04

Uncollectable

 

As a Judgment has been obtained the terms of the Limitation Act do not apply.

 

From what they have said here, is this correct? If so, shall I proceed with your advice on checking with the court regards the CCJ?

[unclebulgaria67]

Yes the CCJ can no longer be used for enforcement, unless they went back to the court, before it ran out. Hence suggestion to find out if the CCJ was ever extended.

[cerberusalert]

A CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(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.

 

For this reason alone, cc judges would not normally allow enforcement.

[BIGMAN2708]

Hi, I have just checked with Northampton County Court and the judgement ran out in February 2009 and no extension has been made to the judgement. Shall I go back to Aktiv now and state this plus mention about Section 24 of the Limitations Act 1980?

[unclebulgaria67]

Yes

[BIGMAN2708]

Having sent the relevant letter to Aktiv Kapital stating that they would have to apply for enforced permission from the Court, I received the following letter from their Customer Services this morning:

 

“It is not our intention to request permission from the Court to have the judgment pertaining to this account enforced. At AK we believe negotiated settlements to be preferable.

 

For your information Section 24 of the Limitation act 1980 applies to New Court Action being taken and not the enforcement of a Judgment that has already been obtained. I understand that to have the Judgment pertaining to this account enforced permission from the Court will need to be granted.

 

Your account will shortly be returned to our collections department. You will then be able to arrange a payment plan and benefit from our incentive programme called ‘New Deal’

 

In accordance with our official complaints procedure this letter constitutes the company’s final response and further communications will not be entered into.”

From this I am a bit confused as to what they are saying. Is it that they will not apply to reinforce the Judgment and they are expecting me to set-up a payment plan to clear the balance?

 

Please can anyone shed some light as to what they are expecting or what my next route of action should be.

[cerberusalert]

As it stands now the debt is unenforceable although it does still exist. All they can do is ask politely for payment & they know it. Obviously the desk jockey who has replied does not have the gumption to distinguish the difference between a new action & an action brought about with an existing judgment.

 

Ignore them.

[BIGMAN2708]

But can they keep contacting me for payment? Or is there another letter I can send to state that I have no intention of making any future payments?

[cerberusalert]

If they become too obnoxious it could be deemed as harassment although they would be within their rights to ask for payment periodically.

[BIGMAN2708]

If they are not going to approach the Court in regards to the CCJ then that is the matter closed isn’t it? If not, how long will they continue to contact me in regards to the debt?

[cerberusalert]

If they are not going to approach the Court in regards to the CCJ then that is the matter closed isn’t it?

They wouldn't have approached the court in any case, well not if they had any sense because a court deems that six years is an adequate period in which to take enforcement action. As I said a CCJ never becomes Statute Barred but the timeline in which they can enforce it does.

If not, how long will they continue to contact me in regards to the debt?

How long's a piece of string? When it finally sinks into their heads that you are not willing to make payment or communicate with them they'll move on & probably sell the debt to a DCA further down the foodchain. They won't be willing to invest the time and energy on an a/c that's dead in the water.