MCE/mortimer CCJ for sainsbury loan- now 9yrs old - trying to Enforce it?

[Ho Chi Min]

Hi

 

In short:-

 

CCJ Granted. No contact for 9 years then I get a letter asking me to kindly call them to discuss payment.

 

Does section 24 of the Limitations Act cover this?

 

Does the creditior need Court permission to enforce?

 

Would a Court be inclined to grant such an order?

 

Thoughts much appreciated.

[renegadeimp]

Ignore it. It is very very very very very very rare for a CCJ to be granted enforcement orders outside of 6 years. The reason being the courts would ask whyt havent they tried to enforce it within the 6 years.

 

Only a very small handful out of millions of CCJ's are ever granted orders after 6 years.

 

Whats the debt about.

[martin2006]

There is no limitations on enforcing a ccj although 9 yrs after judgement is a bit cheeky, they would have to explain why there has been no enforcement in such a long time.

Await further advice from more knowledgeable members with regards to procedures involving further court enforcement

[Ho Chi Min]

Thanks Gents I shall await the thoughts of the Elders.

 

If you dont mind I'd rather not disclose more at this time.

[dx100uk]

If it a dca that has the CCJ name names

[Ho Chi Min]

It's Messers Mortimer & Clarke

[martin2006]

Mortimer clarke are the solicitors, are they the claimant aswell?

[Ho Chi Min]

MCE Portfolio Ltd

[BankFodder]

There is a six-year limitation to the extent that after six years they have to ask the court for permission to enforce it. What's the value of it?

[BazzaS]

Were there good reasons why they couldn't enforce before but can now? (Such as you weren't traceable / weren't replying to letters)

If you have been at the same address and in the same financial situation throughout they might struggle to obtain the court's permission to enforce it even though (technically) it never becomes statute barred once granted.

[dx100uk]

right so its a consumer credit debt and they managed to get a backdoor CCJ that you knew nowt about. 9 yes ago.

 

 

what was the original debt please and for how much is the CCJ.?

[Ho Chi Min]

It wasn't backdoor I defended it but had a somewhat biased Deputy District Judge.

 

They then went on to get a charging order but the Judge at that hearing was more on the ball and made it clear that certain conditions around who owned what % of the house needed to be sorted before the order could be enforced.

 

We own the house as tenants in common so the charging order is only on my share of the equity,

 

whatever that is as it could easily be 0% up to a max of 50%.

 

There is evidence in wills made at that time that we intended my equity share to be 0%.

 

That was the last I ever heard from them.

 

Since then I've moved but still own a percentage of the house with the charging order.

So they've always had the means to get in touch with me.

 

CCJ was for around £17k

[dx100uk]

so its a restriction K

 

 

what was the debt

[Ho Chi Min]

Yes a restriction

 

It was a loan

[dx100uk]

so when if it ever sells all the solicitors have to do is tell them its been sold,

 

 

tough luck on them.

 

 

dx

[dx100uk]

who was the loan with the original creditor...

[Ho Chi Min]

Sainsbury's loan

[dx100uk]

so an old RBS Sainsbury loan ,

£17k and they've never pushed you...

 

 

that's pretty crass on their behalf really [but good for you!!]

 

 

someones just realised they wont get a penny on this as you don't need to tell them the house has been sold until it has...

 

 

didn't have PPI and other insurances did you?

how big was the org loan and when was it taken out?

[BankFodder]

open

[Ho Chi Min]

Thanks Bank Fodder

 

Well, MCE/Mortimer have popped up again for their 2 yearly round of banter.

 

This time they are threatening to send Marstons round to visit me. I'm planning on sending a letter rescinding any express or implied permission to enter my property.

 

Does anyone have any comments or further suggestions.

 

Thanks as always.

 

 

[AndyOrch]

Threatening ...being the operative word...dont get into letter tennis with them its not good for your health.

 

Andy

[dx100uk]

marstons?

can we see this letter please

scan to PDF only

read upload

[Ho Chi Min]

Yes of course.

 

I'll scan it in the morning

[Ho Chi Min]

As requested

 

 

 

Image180819171047 (1).pdf

[dx100uk]

acting as powerless DCA's

me thinks MC know the score and have realised they'll be getting stuff all as its a restriction k.

ignore!!