Excel counselling for West Brom Build Soc chasing mortgage shortfall CCJ from 2006

[dx100uk]

No pm received either

[yorick]

seem to get messages all over to cover and hide all identification etc, security breaches & libelous liabilities etc....

[unclebulgaria67]

seem to get messages all over to cover and hide all identification etc, security breaches & libelous liabilities etc....

 

Yes you have to be careful not to give too much information, but general information about who is chasing the debt and what action is taking place is not going to hurt. Without the information, it makes it difficult for online forums to assist.

[yorick]

Ah! ok, the claimant iw West Brom Build Soc

[unclebulgaria67]

Reading back at the thread, it seems any CCJ was obtained in 2006 or before. Although the CCJ might exist, there is no current power from the courts to enforce this debt. There might have been an attempt to get a court to reopen this, but a Judge has so far refused.

 

There is nothing you can currently do. If they want to employ a process server to serve documents on you, relating to an application they want to make to a court, then let them do this. Come back for advice if you hear any more.

[yorick]

i was given to understand that it was enforceable for 12 years due to being a Mortgage debt, like 12 years till statute barred?

[unclebulgaria67]

i was given to understand that it was enforceable for 12 years due to being a Mortgage debt, like 12 years till statute barred?

 

They have 12 years from when the debt was created to gain a CCJ. Once they get the CCJ it provides for an initial 6 years to enforce the judgement. If they want longer, they need to apply to a court. Given how long it has been since the CCJ, it might be difficult to make a successful application for more time to enforce.

 

If you think about it, there has to be a time limit on how long a claimant has to enforce a CCJ, otherwise a claimant could just wait 20, 30 years for circumstances to change.

[yorick]

that sounds great for me then, as they got me in to a court building in about 2006 & never followed it up, just took details & waved me out the door! seemed odd at the time that they didnt chase me up immediately, i opened up a credit report thing with noddle & clearscore last october to see if i had a CCJ & there was nothing, but after checking my reports etc i saw that west brom was checking my cred report too

[unclebulgaria67]

If you wanted to know what the claimant was up to, you could contact the Court in Nuneaton for a copy of the claimants application. If you phone them, they might be able to do this for no fee. However If necessary you can make a formal request to the Court under CPR 5.4 for a full copy of the claimants application and they will charge you a fee of about £12 to cover photocopying etc.

 

It might be useful to know this, as a Judge looked at it and refused. Next time if they apply, you have the previous Court application and copy of the Judges decision, which you can point to.

[yorick]

yes, that sounds a good route to go down. thanks Uncle B

[dx100uk]

ive got my doubts this CCJ was legit anyway

if you handed the keys back in 1994

and they got the CCJ in 2006

that's outside the MLC 6yrs shortfall limit.

 

 

and now they're trying to enforce the CCJ.

they are seriously having a laugh.

 

 

dx

[yorick]

what does MLC stand for DX?

 

looking at my credit report just now i noticed that lowells have been looking at it in november last year too!

[dx100uk]

mortgage lending council.

 

 

“Lenders are committed to fair and sympathetic treatment of people who have suffered repossession, and accept that individuals should not face long delays before lenders contact them to discuss repayment of the shortfall”.

 

“From 11th February 2000 lenders who are members of The Council of Mortgage Lenders have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in repossession. Anyone whose property was taken into possession and sold more than 6 years ago, and who has not been contacted by their lender about recovering any outstanding debt will not now be asked to pay the shortfall”.

[yorick]

that sounds promising!

 

ringing the court now, the woman says the claim began in 2008!

 

first i heard was oct 2016! they've had my address since 2006

 

weird,

the phone call has me worried,

 

she said that there have been lots of letters sent to me at my address

one an order to attend court in march

& that if i ignore i could go to prison,

seems odd,

ive received nothing except one visit from excel,

that was ages ago!

[ericsbrother]

sent to yopur address?

have they been posting stuff to a previous addy either on purpose or by a filing error?

 

 

Ask for copies of everything,

you may have to pay for the photocopying

but once you have it all you can complain about the abuse of process if they have been sending things to an incorrect address

[yorick]

finally, an update!

 

 

i got this letter through the door this morning,

 

 

it doesnt seem to be an order to attend court

just a sort of statement to say that they CAN order me to attend court by sending the order to this address!

not really sure??

west brom.pdf

[dx100uk]

weird why take 6 weeks to post a letter dated 17th which is meaningless

you've not had any order to attend with a date have you?

 

 

time to ring her again me thinks

[unclebulgaria67]

My reading is that the claimant made aplication to the court back in March and since that date they have tried to personally service notice on the OP to attend the court on a given date. This failed and the Judge was asked to consider alternative service back in July. The Judge decided recently that notice to attend court for questioning can be posted to the OP and that Is all the court documents says.

 

The OP will receive notice in the next few weeks that they need to attend court on x date/time to questioned about their ability to pay the Judgement.

 

What we need to see is the original court judgement and any other paperwork. The question is whether the judgement can still be enforced or not.

[yorick]

will the original court judgement have been made in my absence then uncle B? ive not been to any hearings of any kind, nor been summonsed except to the nuneaton court building back when i had to show bank details, i never went before a judge, just a chap asking questions.

how do i get to see a copy of the original?

[unclebulgaria67]

If you look back at the thread, it was suggested to you, that you needed to get hold of copies of all court documents relating to you. Most important is the CCJ in 2006. You can request copies of all documents held by the court that dealt with it. If you never attended, the court will have record of what the claimant submitted and the judgement.

 

You have to remember that when Judges are asked to look at something, they only look at what is in front of them. They won't have all of the court records from previous hearings or applications. It is your task to get hold of all records and to properly defend your position. Failure to do so, will mean you end up being told by the court to pay the claimant amounts, that you might not have had to pay, if you had fully researched your position, making relevant arguments.

[yorick]

ok, thanks!