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marserobert

Judgment debts

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Hello

 

My judgment Creditor has destroyed the CCJ. Can this CCJ be renewed by Judgment Creditor?

 

Thanks

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Do not understand your question marserobert ?

 

How can a Judgment creditor destroy a Judgment ?

 

Andy


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HI ANDY

 

This correct! The debt collector informed that the Solicitor destroyed the Judgment. Can the enforce or collect on thus Judgment.

 

Marserobert

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Still do not understand you...start from the beginning and tell your story.


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The debt collector believes the can collect after destroying the CCJ

 

Marsrobert

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How do you destroy a CCJ (Judgment )...please explain


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I intend to report the debt collector to the FoS, and we are discussing our final responses. The debt collector is backing off and I am pursuing.. I have asked for sight of judgments. The Debt Collector tells me the Judgment was destroyed;

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I have never seen any Judgment. The debt collector tells me the Judgment has been destroyed, If this is true, can they ever enforce? I don't know

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how are they telling you this? not over the phone I hope!! unrecorded

who is the debt collector?

what is the debt?

from when?

why are you asking about it?


..

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My Credit File is free of any judgment debt

 

They have provided me with their final response.

 

From what I have read it looks good.

 

I need to know, if they have destroyed the Judgment can they enforce a missing Judgment?

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Have you checked the Registry Trust...to see if judgment was ever entered ?

 

https://www.trustonline.org.uk/

 

And if not there check with MCOL...but you would need a claim number to check any status.


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They have provided me with their final response. From what I have read it looks good. I need to know, if they have destroyed the Judgment can they enforce a missing Judgment?

 

It’s almost like understandable English.

The key being “almost”.

 

Until the OP invests time in telling us the whole story, it will just all be guesswork.

 

Still do not understand you...start from the beginning and tell your story.

 

Precisely.

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do you mean they have destroyed the bit of paper they got from the court?

Well, they could always go online and get another copy for free.

 

It wont mean they cant collect the money from you,

just that of you take the matter back to court they will have to watse about 5 minutes printing another copy.

 

Deal with the problem rather than looking for a technicality to try and avoid the inevitable.

 

Tell us about the debt itself and how it got to this stage and you might get some meaningful help from the forum.

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do you mean they have destroyed the bit of paper they got from the court?

Well, they could always go online and get another copy for free.

 

Absolutely. Destroying a bit of paper doesn't destroy the CCJ. The bit of paper isn't the CCJ. The CCJ exists in the court record and is enforceable from the court record. Whether any particular bit of paper that was issued at the time still exists is pretty much irrelevant to whether the CCJ can be enforced.

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Hello

 

It is difficult to decided how much to disclose, However, the Judgment is 25 years old. They never renewed the Judgment. They tell me the Judgment was destroyed after six years.

 

They tell me that a Judgment remains payable until settled. For me it is essential that I know for certain that they cannot enforce that Judgment.

 

My Credit file has always been free of any judgment debt.

 

Marserobert

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stuff 'em ignore them they cant enforce it now

forget about it totally


..

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Hopefully the experts will come along with detailed advice, but my understanding is that after 6 years the CCJ cannot be enforced without the permission of the court and that would only be given in exceptional circumstances. CCJ's can't be 'renewed' after 6 years AFAIK, it's a question of whether the CCJ can be enforced.

 

 

After 25 years that seems highly unlikely, but...

 

 

...could the creditor argue that for the last 25 years you have been hiding your whereabouts to avoid the CCJ being enforced? eg gone abroad to avoid the judgement being enforced?

 

 

… could the creditor argue that you had deliberately hidden your assets for 25 years to impede enforcement of the CCJ?

 

 

… to your knowledge in the last 25 years has the creditor made any attempt to enforce the CCJ, directly or, eg, by an attachment of earnings order? Has any debt collector contacted you trying to collect this debt in the last 25 years?

 

 

 

 

How has this come up now? You said "The debt collector informed that the Solicitor destroyed the Judgment". Can you explain a bit more about what has happened please. Has a debt collector contacted you trying to collect this debt? Acting for who? The original judgement creditor or have they bought the debt?

 

 

 

Surely the CCJ appeared on your credit file for the first 6 years after the CCJ was issued? I don't believe that the CCJ can be put back on your credit file even if the original creditor, or anyone who has bought the debt, does try to enforce it again. I'm not certain of that though, hopefully an expert here can confirm.

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Hi Ethel Street,

 

This debt has passed through many DCA's. When these people started in 1996 my credit file was free of Judgement debt.

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Hello

 

It is difficult to decided how much to disclose, However, the Judgment is 25 years old.

 

Marserobert

 

And thats why its been difficult to advise......more chance of snow in hell than being able to renew a 25 year old judgment...they can hound you for ever though.....you just have to ignore them.


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Hi Andy

 

I am not a tough bloke. It hurts.

 

Marserobert

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easy

block numbers text email etc.

 

 

don't tell me you started letter tennis with them...

 

why did you do that?


..

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They are not phoning. me, They are on the back foot. They want to close the matter. I do not understand consumer Law and they know that. I am considering the FOS or taking the matter to Court. I am losing sleep and losing

weight.

 

Marserobert

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theres nothing they can do..so what are you losing sleep over?

 

can we see the letters then please?

so we know whats been said?


..

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I am considering the FOS or taking the matter to Court. I am losing sleep and losing weight.

 

To take them to the FOS you’d have to show they had treated you unfairly.

To take them to court (at least, successfully!) you’d have to show they have acted unlawfully.

 

It isn’t intrinsically unfair to ask you to settle a CCJ, even an old one.

It isn’t intrinsically unlawful to ask you to settle a CCJ, even an old one.

 

They can ask. You can say “go get the court’s permission to enforce the CCJ or I’m not paying a penny”. Sorted.

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