9 Year old CCJ. Robinson Way help please

[t829usx]

Hi all, hopefully someone can help.

 

I have a ccj from 2008 which has obviously dropped off my credit files some time ago.

This was for around £4000 from Intelligent Finance.

 

 

this ccj was marked against me without my defence and in itself was for a statute barred debt.

I (wrongly) never got round to getting it set aside.

 

have had a few letters from Robinson Way debt collectors chasing payment up.

firstly I sent them the standard statute barred template letter.

I didn't realise that a CCJ doesn't become statute barred until I looked across these boards this week.

 

 

I have now had a response letter from Robinson Way:

 

'Please note that this account is subject to a County Court Judgement dated xx April 2008, Case Number xxxxxxx, with a balance of £xxxx and is not statute barred.

We trust this resolves your query, we now require your affordable payment proposal within the next 30 days. After this collection activity will resume.'

 

Can anyone help with a response to this?

I have read that if the ccj has not been enforced within a six year period that they would require another court hearing and would need a very good reason as to why it hadn't been enforced? Should I respond and state the the actual debt was statute barred at the time of ccj, and that I want to see proof otherwise?

 

Thanks

[unclebulgaria67]

Do RW actually own this debt and have rights to the CCJ ? What proof have they provided ?

 

Yes they would need to go back to court to gain further time to enforce.

 

At the moment, they don't have enforcement powers, so you could ignore and see if they apply to a court.

[renegadeimp]

Were any payments made towards the CCJ since it was granted in 2008? If a creditor didnt chase the debt within 6 years after teh CCJ was granted, and you made no payment, then it is very very unlikely theyd be granted enforcement orders against it. The new owner ( IF RW have actually substituted themselves as the claimant), then it would be almost impossible for them to do it.

 

Theyre bottom feeders. Dont reply to them now, just do your homework.

[dx100uk]

who was the original claimant , I doubt it was IF

 

 

probably one of the many DCA's that are part of the hoist group

of which RW are one of their dogs.

 

 

sadly its better to not fire of silly letters when you don't know what you are really talking about.....

its outside of 6yrs

its not been enforced.

 

 

if push comes to shove

you could use the fact it was statute barred upon judgement

but you'll need written proof.

 

 

dx

[t829usx]

Thanks for your prompt replies it's much appreciated.

RW have provided no proof that they own the debt or that they have any rights to the CCJ.

No payments have ever been made towards this CCJ since it was granted in 2008.

 

Upon all of your advice, I am going to leave it and will worry about it if/when they decide to take me to court.

 

Regards

[dx100uk]

have you a copy of the CCJ?

if not ring northants bulk and ask for it and the claimform

[t829usx]

Good advice, I don't have a copy but will track one down from Northants as you suggest.

Thanks again

[dx100uk]

ill guess it was MKDP the claimant I bet