MEIII ccj 2days short of 6yrs old - now got AEO letter / subst of claimant YB Credit card

[andyep]

Hi and thanks in advance for any time and help .

 

Been meaning to post for a while ,

 

a letter that arrived yesterday (29/9/15) has spurred me on ,

 

My wife a number of years ago had run up a £10k Yorkshire bank visa card debt.

 

When I looked into it earlier this year when she told me about the debt

it seems (according to noddle) she received a CCJ dated on her credit report on the 1/10/09.

 

The letter that arrived yesterday from the county court is titled a "general form of judgment or order" and goes on to say

 

," It is ordered that ME III limited be substituted as the claimant in this claim" , the letter is dated 28/9/15 .

 

Am I right in believing this letters arrival has stopped the debt becoming statute barred by two days ,

 

also as far I am aware there hasnt been any PPI on the debt (not 100% sure) but I am sure there are some hefty charges .

 

And so whats the best way to move forward in this sticky situation

 

.She doesnt really earn that much to even attempt to clear the debt over a number of years so I would have to seriously help .

 

It really affected her nerves hiding it from me for so long and the latest letters arrival may start her off again .

 

Thanks for reading , Andy.

Edited September 30, 2015 by citizenB
spacing

[citizenB]

Did your wife submit a defence on the original judgment ?

 

You would need to send a Subject Access Request to the original creditor to establish the level of charges and it would be to them that you would submit a claim for the refund. Well not a refund as such because if they did agree that they were incorrectly placed, then that would come off the debt.

 

 

As far as the Judgment itself, these never become statute barred - just difficult to collect if they have not been pursued for the length of time you have advised, which is just short of 6 years.

 

What appears to have happened is that the debt has been sold on from the original claimant and the company has applied to the court to be replaced in order to pursue.

 

I would have thought though that as the Judgment is so old, not only would they need to replace themselves as claimant, but that they would need to give a reason why they feel they can pursue after such a long time.

 

I will try and find someone who will be able to advise further.

[dx100uk]

What else does the order say. Bar subst of melll

 

Dx

[andyep]

Thanks guys .

 

Letter says

General Form of Judgement or Order in the county court at xxxxxxx

Claim number xxxxxx

Date 28/9/15

 

ME III ltd 1st Claimant

Ref xxxxxxxxx

Wifes Name 1st Defendant

 

Before district judge xxxx sitting at the county court at xxxxxxx then a local address

 

It Is Ordered That

 

1.ME III ltd be substituted as the claimant in this claim.

 

2.This order has been made by the court under CPR 23.9 as the court has disposed of an application without a hearing and without service.

 

Any party may apply to have this order set aside or varied within 7 days of the date of service of this order on that party.

 

Dated 9 september 2015.

[The Mould]

The substituted party may well now seek to enforce the CCJ against your wife.

 

The enforcement action could be brought by one of two ways, the Claimant may serve a statutory demand on your wife or he might seek a charging order against your property (if you are home-owners).

 

You should check and double check all your own records of this debt in order to try and establish if there was any PPI on the agreement and if any default notice served was a valid one.

 

Have a proper look into it and post back your findings (if any), in the meantime, if either of the above stated actions are commenced, post back here without delay for advice, guidance, help and support as regards how to deal with the same.

 

Kind regards

 

The Mould

[citizenB]

They can change the name....just can't enforce it without permission of the court....this has no bearing on the statue of limitations .

 

 

As I thought, they would need to seek the permission of the court.

 

In a few days, check Trust online to see if it is still being reported. After 6 years from the date of the judgment, it shouldn't be.

 

http://www.trustonline.org.uk/

[andyep]

As I thought, they would need to seek the permission of the court.

 

In a few days, check Trust online to see if it is still being reported. After 6 years from the date of the judgment, it shouldn't be.

 

Just about to try trust online , I presume I search section 1 England and Wales for ccj's .

Thanks.

[andyep]

As I thought, they would need to seek the permission of the court.

 

In a few days, check Trust online to see if it is still being reported. After 6 years from the date of the judgment, it shouldn't be.

 

Just checked trustonline and it shows nothing reported but my wifes noddle credit report still shows the ccj , whats the difference ? thanks Andy .

[dx100uk]

Update time not run yet?

[andyep]

Hi guys and girls ,

Again thanks for your time and knowledge ,

 

my wife has received another letter,

unfortunately she has ripped it up before I could look at it.

 

She says it said after a ccj dated last month they are now about to apply for an attachment of earnings order ,

 

is this scare tactics or can they do that.

 

I have checked her noddle credit report and nothing has changed.

 

Thanks again Andy.

[dx100uk]

if MEIII are now the claimant yes they can you need to act on this

[andyep]

Thanks dx100uk ,

Not got a clue what to do , where do I start , how do I act on this , thanks Andy.

[AndyOrch]

You will know if they do make application....you will receive a form N56..it is imperative that you either complete it or suspend it within 8 days of receipt...you can be held in contempt of court for failure to comply and even receive a custodial sentence.

 

Regards

 

Andy

[andyep]

Should I just wait for this form (N56) to arrive or is there something I could do before it arrives ?

Thanks Andy.

[chiefmegawatty]

Based upon some legal advice I received recently, an attachment of earnings order cannot happen if the CCJ was issued by default so there were no repayment conditions set at the time.

[dx100uk]

what cornflake packet did that come off?

[chiefmegawatty]

No court can set repayment conditions when they have no idea of the

debtors income. I took the advice from a legal advice service NOT from a corn flake packet OK.

 

I find your comment most insulting.

[numbers666]

The court sets the repayment on receipt of the n56 which is mandatoiry by the debtor.

The court sets the aoe based on the information on it.

The debtor can seek a suspended aoe.

 

I would not be following the legal advice chief,

as the next thing you know arrest for non compliance with the n56.

[chiefmegawatty]

What is N56 if you don't mind me asking. I have a CCJ and a charge order but have never heard of or ever seen an N56 form.

[AndyOrch]

What is N56 if you don't mind me asking. I have a CCJ and a charge order but have never heard of or ever seen an N56 form.

 

Its an attachment of earnings order....a means of executing the judgment as the debtor failed to pay the judgment.

[andyep]

Hi All ,

my wife received a letter today from Mortimer clarke solicitors stating there client obtained a judgement against her on the XX/XX/09 and that they were now instructed to apply to the county court for an attachment of earnings order.

 

The original debt was a Yorkshire bank credit card that was taken out in 1995 ,

we ran into financial problems around 2008/9 and we ignored the debt and stopped paying the debt around the same time,

 

the balance on the letter is showing just over £12k.

 

We have received a few letters over the years but nothing from a Court and with nothing showing on her credit report(noddle) ,

am I right in presuming this is SB'd and not to contact them ?

 

Thanks Andy.

[Ell-enn]

If you haven't made a payment since 2009 then it should definitely be statute barred, send them our SB letter (in the library) and it's a good idea to send it recorded delivery so they have to sign for it.

[dx100uk]

if they are claiming they have a CCJ then it cant be statute barred..

 

however, they've had 6yrs to enforce the judgement

they have not done so...

its extremely rare for a court to allow enforcement outside of 6yrs.

 

dx

[dx100uk]

old and new threads merged andyEP

so she never did get an N56 ?

 

dx

[andyep]

Thanks dx100uk

,never received an N56 ,

and nothing showing on noddle ,

 

and reading back through the thread(which I had forgot about) it seems when I checked trustonline back then nothing was showing ?