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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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WilliamW101

Arrows/Shoos CCJ old MBNA debt - offering Early Settlement Offer After failed CO attempt

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Hi

Not sure if this is the best part of the forum to post this but here goes.

 

I have recently received the attached letter from Shoosmiths acting on behalf of Arrow Global (Guernsey) who have a debt that was originally with MBNA.

The discounted settlement figure is for 60% of the total amount outstanding.

 

A CCJ was awarded in 2011 for circa £12k

 

Jan 2012 we relinquished our house to the mortgage company

 

May 2012 Arrow went back to court to get the house added to the CCJ as I had defaulted on payments

 

On the way way to court my (now ex) wife called to say the mortgage company had sold the house, the letter arrived in the post after I had set out.

 

In the meeting with the judge and Arrows representative I explained what had happened but had no paperwork to back it up (an hour's bus ride each way would have made me late for the meeting)

 

The judge duly gave them rights over the property and within 7 days I received another letter saying that we had sold the property without their permission.

 

I replied stating both the judge and their representative had been made aware of the property sale at the meeting.

 

I have heard nothing back from them since then.

The CCJ no longer shows on my credit report.

 

I do understand that the debt is still there but nearly six and a half years after their last correspondence this has come as a bit of a shock.

 

I do not have any capital to pay off the figure requested,

I own no assets of any worth and I have no disposable income.

 

The further options they mention (Attachment of Earnings and/or Warrant of Control) have rattled me somewhat.

 

What is the best response to the letter and what are the likely outcomes?

 

Any advice would be much appreciated!

Early Settlement Opportunity After CCJ.pdf

Edited by dx100uk
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AFAIK, after such a long period of time, they will have to answer to the judge as to why it has taken them so long to action the judgement.

 

They are willy waving and hoping you are as uneducated as they.

 

They've had plenty of time to take action and they've failed to do so, tough.

 

IMO it doesn'teven merit a response to them, file it, keep it safe and keep an eye on your CRF.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the quick response, really appreciated.

 

With regard to the CRF, is that a general keep an eye on it or is there something possible directly linked to this?

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If the CCJ has already dropped off it, then just keep an eye on who (may possibly) be searching your files, IF it shows up.

 

 

They cannot add the old CCJ once it's dropped off, just as they cannot re-add defaults that have dropped off.

 

 

There probably won't be any movement on it at all, and what you've received is simply a computer generated threatogramme that some dullard has told it to send when they've been checking their archives.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Retitled and moved to legals

 

Ignore them


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.

 

It's the "unless" part that worries me

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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.


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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.

Thanks, that does help 🙂

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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.


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