12year old CCJ debt never enforced but now sold

[rdmanagement]

Hi,

 

I have a £5.5k debt (loan) for which the creditor obtained a CCJ in 2002.

 

In 2004 they attempted to enforce an 'Attachment of earnings' but as I was 'Self employed'

it was dismissed by the Judge.

 

I wrote to the creditor on 3 occasions in 2004, I still have the paperwork,

offering weekly payments of £10, I even filled in one of their 'Income and Expenditure forms'

but they never got back to me.

 

Now 10years later they have sold the debt to a collection agency or Solicitors who are chasing payment.

 

I know as a CCJ by the original Creditor was obtained the Debt is NOT 'statute barred'

but where do I go from here?

 

If they'd accepted the £10/month I offered back then I'd be close to paying it off by now.

 

Everything I've read online says 'this is a grey area'.

[dx100uk]

they've had 10yrs to enforce this

 

they'd also prob have to get their name substituted as the claimant

to be allowed to do so.

 

no judge in the world would allow tht after this time.

 

IMHO i'd be ignoring them.

 

however, just for safety sake

 

can you name names please

 

and a scan up the letter that you have been getting.

 

me thinks someone is chancing their arm here that you know no better and will cough up.

 

I hope to date, you've kept quiet still...

 

dx

[rdmanagement]

Hi,

 

The Solicitors that have bought the debt is 'Drydensfairfax', and

 

I spoke to them this past Saturday as the letter didn't say anything about a debt,

 

it just requested that I contact them and to be honest I wasn't expecting it to be anything bad after all these years.

[dx100uk]

you mean those fake/tame' solicitors

that are actually a dca pretending to be a solicitor in this instant.

 

oh dear std by for a forest coming through your door then

of ever increasing different coloured threat-o-0grams

 

ok what did you divulge on the phone

and what kind of threats did you get?

 

I take that's the background of your worries in your initial post?

 

so they sent you a speculative 'phishing' letter

 

and you fell for it...

 

opps.

 

dx

[rdmanagement]

I know, 'I fell for it, hook, line and sinker'.

 

I told them pretty much everything I've said thus far,

 

although they knew about the CCJ as they gave me those old details

 

so I told them what had happened in 2004 and

 

they said they would put any action on hold until I get back to them within 14days

 

and they may take it back to the original creditor.

[dx100uk]

pers i'd await their next move.

 

dx

[huggy41]

even if it is a CCJ unless action is taken it is stat barred they will have to go back to court for it's re-instatement which i doubt any judge will allow it still comes under the limitations act

 

 

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 interesticon in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Edited July 31, 2014 by huggy41
added more info

[Stigman]

Regardless of what Drydensfairfax say to you on the telephone, unless the Court has instructed you in the past, you only ever pay the claimant.

The CCJ will have to be re-instated, after this time that is highly unlikely because they had written offers and other means of collection available to them which they failed to utilise.

 

The phone monkeys at Drydensfairfax are on a minimal wage with commission top up & collection enhancements to give them a wage, that is why they lie, cheat, threaten & bully you into paying.

Keep off the telephone and keep all correspondence in writing.

 

Stigman