DLC trying to enforce a 10yrs old CCJ for black horse loan

[dx100uk]

its not statute barred

theres a CCJ

but that's 6yrs + passed enforcement

[dx100uk]

now we have the text we can clearly see its a discount begging letter.

 

 

they know full well they cant enforce it

[Bazooka Boo]

Roger my bad....willy waving it is then.

[Markie1973]

So it's safe to ignore and consign their letter to file 13 (the bin) then?

 

I have contacted the FCA via their live chat and they advised me to contact the Solicitors Regulatory Authority but they will log the details, I have e-mailed a complaint to the SRA along with a copy of the letter from Mortimer Clarke.

[AndyOrch]

Nooo.... file away safely ..may come in handy for any future attempts

[BazzaS]

As others have advised, they'd only be able to apply to a court to enforce the CCJ, now it is excess of 6 years old.

 

Charging order

A charging order could only be made against property that you had an 'interest' in, be that a "legal interest' (with your name on the title at the Land Registry), or a 'beneficial interest' (where someone else held the legal interest in trust for you).

 

If (for example) Person A (a father) had died, leaving the property in his widow's (B) name, but leaving a share to their child © and multiple other children, it is possible that C won't hold a legal interest in the property, only a beneficial one ( as only so many names will show for the legal title).

Then a charging order could be sought against the property held by B in respect of C's share of the property for a CCJ against C. If B had been willed / owned the property outright, then no charging order would be granted against B's property for C's CCJ whilst the property was wholly owned by B.

 

So, I think 'willy-waving' (as someone has described it) is an accurate description.

'Late' Enforcement of the CCJ

The CCJ is never statute barred. They'd need permission of the court to enforce it, given the time elapsed, and have to show why they couldn't enforce it before, and why it was fair, reasonable and just to allow enforcement now. The more time goes on, the higher the bar they'd have to clear.

If you won the lottery (£86 million tomorrow night!) they might have a chance .... but then again, if you won that much, would you really care?

[Markie1973]

Hello Folks,

 

Well I hope you can advise me as today I received a letter from Mortimer Clarke Solicitors regarding a very old Black Horse loan from approx 2000 to 2001 (infact this loan was originally taken out through Chartered Trust) for the amount of £1886.59 and that this debt was previously assigned to MEIII (was actually Direct Legal and Collections), now no payment has been made on this loan for well over 10 years and has already been through various DCA's prior to DLC going through the courts (a CCJ was granted back in 2006).

 

Over 2 - 3 years ago I remember receiving a letter from DLC (I think I may of posted about this but can't remember) which had the old claim number in bold letters, I also remember ringing the County Court who informed me as the Judgement is well over 6 years old and has lapsed then the DCA could not enforce the original judgement as the court would not allow this.

 

What I would like to know is the best way to approach Mortimer Clarke regarding this debt as it is deffenately Statute Barred and has already been subject to a CCJ 13 years ago?.

 

Also there is a interesting paragraph at the top of their letter which states: ' We write regarding the above matter, Our client previously instructed us to place your account on hold due to a complaint (?). We have now received confirmation that the matter has been resolved (this totally lost me as I never made a complaint and how can a complaint be resolved as it has never been raised??).

 

At the bottom the usual twaddle asking me to contact them within 21 days and also a income and expenditure form stapled to the letter obviously thinking that I will make a payment on a debt from years ago which is Statute Barred.

 

Any help/advice will be greatly appreciated.

 

[dx100uk]

threads merged for the 4th time on this debt.

 

as post 7.

 

dx

 

[Markie1973]

Sorry DX my apologies for this.