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Order to attend the Court (N39)


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Sorry if this is not in the correct forum, and hope i can get some help on this.

My wife and I have been served with the above paperwork this morning, this relates to a ccj from 2005 which resulted in an attachment of earnings order for both of us.

 

I am not sure if the ccj is joint or not as we both have separate paperwork from the court although ref no are the same. I stopped paying the ATO when i was made redundant in

jan 2008 and have not had any correspondence of any sort within that time. My wife stopped paying hers when she was made redundant in may last year and has been doing temp work as and when.

 

What I need to know is can they still enforce the ccj on me as no contact has been made or enforced for over 6 years. Also as the paperwork for my wife was given to me is it classed as being served on my wife.

 

Thanks in advance for any replies.

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I think you will have to provide some more details as to what this CCJ was for, before anyone call offer advice. It sounds like the debt was a joint loan and therefore you were both liable. The ATO was against both of you, so it does not matter than one of them stopped more than 6 years ago, as payment was continued by the other.

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The ccj is for a mortgage shortfall from 1991/1992 which was about 7000, which when taken to court in 2005 had gone up to 32000. We did pay some money off the original amount but the first we knew about the CCJ, was when we got a letter to say it was being transferred to our local court for the ATO. We have written to the west brom on many occasions over the years but have never gotten any reply. I also was made bankrupt in 1995 and the insolvency service seem to think it should have been included in my bankruptcy.

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You went bankrupt in 1995

This was from a mortgage shortfall from 1991/1992 but they obtained a CCJ IN 2005

I would of thought it would of been included in your bankruptcy at the time

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The ccj is for a mortgage shortfall from 1991/1992 which was about 7000, which when taken to court in 2005 had gone up to 32000. We did pay some money off the original amount but the first we knew about the CCJ, was when we got a letter to say it was being transferred to our local court for the ATO. We have written to the west brom on many occasions over the years but have never gotten any reply. I also was made bankrupt in 1995 and the insolvency service seem to think it should have been included in my bankruptcy.

 

If your dates are correct, the CCJ should have been contested in a set aside. In 2005 the debt would have been statute barred under statute of limitations, so they would never have got the CCJ, if you had defended.

 

I don't have the knowledge, but I think you may be able to unwind all of this. The trouble is that any set aside of a CCJ should have been done within a reasonable period of time.

 

Did you get legal advice when you first heard about the CCJ ?

 

Sounds like a right mess and you should really speak to a Solicitors. Can the CCJ be set aside or reviewed in some way. Is there a way to get the debt considered within the bankruptcy ?

We could do with some help from you.

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The dates would be more or less correct - late 1991/early 1992 was the date of the repossession and sale of the property, as we moved into our present property in March 1993 and we had temporary accommodation previous to that for about 6-8 months.

 

When we first heard about the CCJ we did approach a solicitor who really didn't seem to be that interested and more or less said that because we had made payments since the repossession, they were correct in what they were doing but there was nothing we could do basically and neither myself or my wife had no knowledge of court procedures. If this were to happen now, we are a lot wiser.

 

As regards the bankruptcy in January 1995, after being questioned by the Official Receiver, again not knowing procedures, I probably assumed that any debts would be written off. I don't even remember whether I would have known about the shortfall at that time or assumed it was paid off as we had paid a mortgage indemnity fee. I have been in touch with the insolvency service and they have asked me to send as much paperwork as I have as they think I should not have been issued with an Attachment of Earnings, as the building society should have been aware of the bankruptcy and the shortfall on my part should have been included.

 

One of the main problems I have at the moment is when this goes back to court, if they should issue another attachment on me, I will lose my job and at my age, 62 and with some disability, i.e. I have skills but am unable to use them due to disability, my job prospects are probably nil.

 

As for my wife, after being made redundant last year, she is into the last month of a 4 month temporary contract which ends 31/5, I think she also will be struggling to find work.

 

I think the West Bromwich Building Society have been very underhanded in the way that this has been dealt with, waiting 12 years plus, before taking it to court and putting on £28,000 interest or thereabouts, as what both myself and my wife has paid on the Attachment of Earnings and previous payment, would have been more than the original shortfall.

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Surely the statute barred is 12 years in this case?

 

 

When was the last WRITTEN acknowledgement/payment of this debt please as this need to be very specific since in your case the time limit maybe some time off or already passed either way we need the EXACT date concerned thank you

 

 

Does this still show on your credit file?

 

 

Have you got all the Mortgage statements?

 

 

Have a look at some of the templates here as they may help you http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?407-Mortgages-and-Secured-Loans

 

 

As a side note here have you still got your papers from your bankruptcy around? have a look through them to see if it was included there perhaps then come back to update your post

 

 

 

 

MM

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As your wife only stopped paying last May the claim is not "Statute Barred." I also doubt the Claimant would have much trouble applying for a new AoE for you even though you stopped paying just over 6 years ago.

 

Unfortunately I disagree with Unclebulgeria and can't see any way this CCJ can be set aside after 8 years when both of you have paid towards it since then.

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Apparently as the debt is a joint one, then there would have been little or not point or benefit in your including it as you wife would then have been expected to pick up the tab so to speak.

 

You need to look closely at the original Judgment and terms of the agreement would need to be checked regarding the post judgment interest.

 

It is advised htat you attend hte hearing and submit your financial statements and make an offer to pay something. However the interest that is mounting up requires closer attention.

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