CCJ issued in 2005. CCJ set aside in 2010. Creditor now chasing for money.

[marklw]

Hi,

 

Topic explains the situation really. In 2005 there was a CCJ issued against me. This was for alleged non-payment of rent previous to this. Before the CCJ was issued, I was under the impression that all rent arrears had been paid. The letting agent had been in touch about some rent arrears previously, which I then paid afterwards. Years later on, I learned that a CCJ had been recorded against me in 2005. I had received no court papers inviting me to court, and I guess the CCJ was issued against me in my absence. (I was actually out of the country). It turned out that homelet were the ones chasing the debt, and court action was initiated on their behalf by a solicitor.

 

Anyway... long story made short. After the debt had been transferred to various debt agencies, In 2010, I contacted the county court who issued the CCJ, to see if this CCJ should be on my credit report. I was advised by the manager that in the past, there was a claim against me for rent arrears, but that the CCJ should not have been issued, due to the type of case (I can't remember the exact reason). As a result, he said that he would set aside the CCJ, and in turn, would notify the registry trust. I later received a certificate of cancellation saying the judgement had been set aside.

 

Now, in 2013, when applying to rent a house, and having my referencing done by homelet, I learnt that they had marked my reference as 'unsatisfactory'. I received a call from omerods solicitors (I couldn't her the name clearly), advising me that homelet had passed on my details. When homelet were referencing me for the house I am applying to rent, it showed that I had rent arrears dating back to pre-2005, on a previous property I had rented, totalling slightly over a thousand pounds. Omerods advised that they wanted me to setup a direct debit to pay this off. I verbally agreed to pay £50 per month, starting later this month (for fear of losing out on this house we are applying for). At the end of the call, the solicitor advised that in fact, she knew nothing about the referencing process, or if this debt would affect it at all, and that I would need to call my letting agent about this. Of course, I assumed the reason for her call, and having to pay this supposed debt back, was to 'help' my homelet reference go through OK.

 

I have never received any letters or documentation which gives a breakdown of this homelet debt, or in fact, any proof whatsoever that I owe this money. I have never paid a payment towards this debt, and I have never acknowledged it.

 

My question are these:

 

1) As this CCJ was set aside by the county court in 2010 (only 1 year before the debt was due to become statute barred), can I still be chased for this supposed debt?

2) Did the debt become statute barred a year after it was set aside by the country court? as it was more than six years since the original judgement in 2005.

 

I have read that when a CCJ is set aside by the court "AND" the creditor starts the process again, that the six year period then also starts again (resets the clock etc.)

 

3) Because the creditor (or solicitor) to this date, hasn't restarted any court proceedings since 2010 when the CCJ was set aside, and as it has been about 8 years since the original judgement, can they still chase me for this money?

 

I would appreciate your help, as it seems difficult to find the correct answers online. Particularly, as the CCJ was set aside a year before it was due to be statute barred, and it is unclear if the clock actually restarts the six year period again (if the creditor doesn't initiate any court action before the 6 years is up from the original debt).

 

In light of all the above, I am intending to cancel this direct debit with this solicitors, and don't intend to make any payments.

 

Thanks.

Edited April 6, 2013 by marklw

[dx100uk]

that's the best action

 

the ccj was in all effect cancelled so thus that puts the debt back to before the CCJ was ever started.

 

so it IS SB'd , there is no judge in the land that can unbar it.

 

your issue is, sadly, the fact that 'a' debt exists to the same company you wish to now use again.

 

the limitations act sadly does not effect 'their' record

they are quite within their rights NOT to do business with you

as the debt to them on their records, still exists.

 

as for getting ANYONE to actually legally enforce it - no chance.

 

but they can refuse to do business with you, whilst on their books it exists.

 

dx

[marklw]

thanks for your reply. yeh, I see the problem with homelet, and the supposed debt being on their books. fortunately, the letting agents and landlord are happy to rent this property to me. The letting agent can't understand why homelet are still chasing this debt from back in 2005.

 

So just to clarify.. on the trustonline.org.uk website it says that:

 

"Setting aside does not mean the case is over. It may still be heard. CCJs stay on the Register for six years from the date of the judgment. This six year period starts again if the judgment is set aside and the creditor starts the process again – so you may end up with a CCJ on file for even longer.

1. I am guessing that this doesn't apply to me then and I don't have another 6 year period starting from 2010 (when the CCJ was set aside) where court action could be started against me?
   
2. Does this above trustonline quote mean that the creditor would have needed to start court action by 2011? (as this would be 6 years from the date of the original judgement, before it was set aside)
   
3. Can I now send a standard statute barred letter to the solicitors? to try and get them off my back.The solicitors mention the court claim number in their letter, but this doesn't stop me sending this statute barred letter does it, since the CCJ has been set aside?
   
4. Is it no problem that I verbally agreed to setup a direct debit, and then cancelled it with them? this couldn't restart the whole process?
   

My credit report is now great, which is good, and I was really just concerned about the possibility of having a CCJ entered on there again. I will probably contact homelet in the future to ask them to send me information in detail about this debt, as this is something I have never received.

 

thanks

Edited April 6, 2013 by marklw

[dx100uk]

1 correct

 

2.correct

3.correct i'd send nowt they know the score just trying to fleece you.

4. telephone ack is not counted.

 

they tried to fleece you

you found CAG!

 

they can't have 2 bites at the cherry, they cannot do anything further to your cra file

dx

[marklw]

great. thanks for your help. I now know everything I need to know.

[ploddertom]

Ormerods aren't the sharpest pencil in the box. Can't remember all the details now but will have a delve in the darkest recesses - even may have to ask he that must be obeyed. If I find it I'll come back.