Online Car Finance sublect to CCJ/CO - now sold to Cabot

[merlin100]

Thanks for that panther. Its appreciated.

 

 

I will send it off Recorded Delivery.

 

 

Just a question guys if you dont mind.

 

 

Im going away on Wednesday for a week and there will be no-one here.

 

 

Now, the front of my property is contained with locked five-foot high gates and an equally high steel side gate which Im going to put a chain and lock through.

 

 

Is a bailiff allowed to climb over these?

 

 

I just wondered if that would be outside his remit of "peaceful entry"?

[merlin100]

Hi guys,

Ive just been reading a post "Charging Order and Finance U" with some interest.

Andyorch says that a CO has no financial value and is simply security against a CCJ. Ok, simple enough.

 

But if that CCJ is not acted upon by the Claimant for over six years,

then the Claimant has to apply to the court to continue enforcement.

 

As we all know, permission is not usually given providing there are no unusual circumstances that would have hindered enforcement by the Claimant.

 

So lets say that a judge refuses permission to enforce.

 

Does that mean the CCJ is now "dead in the water" and can never be enforced?

 

If that is the case then surely the CO would be "quashed" too?

 

After all, there would legally be nothing for it to be secured against?

 

Seems logical to me but if Im missing something, please chip in!

Thanks all

[i hate bailiffs]

When the property is sold the charging order would be paid then

The charge will stay on the property until paid

 

The only way to remove a charge on a property would to psy it regardless of years passed

[dx100uk]

def not

its a civil debt

 

 

don't get confused

 

 

pers I think this will go nowhere and you might be better doing nothing

[dx100uk]

is this your old HBOS CCJ/CO merlin?

 

 

dx

[ThedaBara]

When the property is sold the charging order would be paid then

The charge will stay on the property until paid

 

The only way to remove a charge on a property would to psy it regardless of years passed

 

I don't think there is any obligation to pay the CO when you sell the house if it is a Restriction, where there is a joint mortgagee but only one debtor...

[dx100uk]

exactly

if your sols is cute don't tell 'em!

[AndyOrch]

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term action only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

[mercyblue]

Seems the way around this for the creditor is to wait until shortly before the debt becomes statute barred before issuing the claim then leave it stayed for a couple of years, we know the stay will be lifted without a problem, then add say about 9 months for it to come to trial. The creditor can apply interest from the cause of action (as Andyorch pointed out in my recent thread on section 69 interest). Bingo 8% interest for 8 or 9 years... where else can you get such a nice return!

[merlin100]

Hi all, just looking for a bit of confirmation if you dont mind.

 

Got a letter this morning from Wright Hassle representing Cabot

saying that their client has given them full instructions to enforce a CCJ made against me on xx/08/2007.

They intend to do this by way of an AOE Order.

 

They point out that they are aware the Judgement is over six years old but they expect to be successful given the number of attempts that they, and their client have made to resolve this matter with me.

They do say though that they would like to avoid this Application.

 

Apart from the odd letter over the years, and the fact that the CCJ was turned into a CO shortly after it was granted (before I found CAG), no other attempts have ever been made to enforce anything against me.

They dont mention the CO in the letter so do you think Cabot havent told them about it?

 

They then go on to say that should they make an Application to the court,

they will exhibit this letter and request that the fee for the Application be added to the Judgement.

 

So do you think this is a standard willy-waving letter or something to be taken a little more seriously?

Thanks all.

[Bazooka Boo]

A CCJ that's over ten years old and they are still bleating about enforcing it??

 

Are they having a bubble?

 

AFAIK, they will need to go back to court to convince the DJ why they have failed to action the CCJ, and then why they believe an AOE order will get them the money they haven't got in the past decade....... besides, you'll be in a better position to defend it anyway, if they're dumb enough to chance their arm.

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?456652-No-financial-value-in-a-Charging-Order

 

see andyorch post

[merlin100]

Thanks for that bazooka and cheers DX, I had forgotten about andyorchs post.

 

Although the CCJ remains, it cannot be acted upon after six years has passed without court permission and there has to be very good reason for an extension.

 

If say a creditor goes back to court and is refused permission, what is the point of continuing the existence of that CCJ as it can never be enforced?

[ericsbrother]

why? there have been a couple of decisions in the supreme court that allow for creditors to go after someone who now has money if certain conditions are met

 

One of those conditions would be if you misrepresented your position at the time or at least within the 6 years after the judgement ( so a lottery win a year after the CCJ that you failed to then settle from would be enough to get the CCJ reinstated)

 

In your case if there is no big chance of circumstance the liklihood of them getting a judge to resurrect an old CCJ will be minimal and as they have a CO then that will be reduced to zero