11 y/o upaid CCJ being chased

[cerberusalert]

If there is no record of the CCJ on the Trust site using any previous addresses you may have had the chances are either it never existed or it is older than six years.

 

a CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless there were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

[KaptRoger]

We don't know.

 

The letter merely states the Court Name and the Claim Number.

 

We have a few of these from dlc about two years ago. It went silent. We moved but had postal redirection for 3 months. It is possible that they wrote to us after that three months but we don't know.

[cerberusalert]

Did you check the trust site using your previous addresses?

[KaptRoger]

Yes, current and previous addresses.

[cerberusalert]

Then it sounds as if it's older than six years, if so post #3 applies. Also the chances are they have not applied to the court to have the CCJ transferred into their name which they should do within a year of taking it over.

 

You could 'phone the court named giving the ref no & they should be able to give you details if it is still on their system.

[KaptRoger]

Timeline:

 

Nov 2010 dlc letter: Court Name, Claim No "As you have not made payment under this jugment and you leave us with no alternative but instruct our Solicitors to take Enforcement Action for the full remaining balance, blah blah blah. If you wish to avoid this blah blah blah.

Nov 2010 Our Letter: Who are you, don't know you etc.

Nov 2010 dlc letter: Thank you for your letter. We confirm that this due to this, that and the other. The Debt was assigned to Hillesden in March 2006. We await your payment proposals etc.

Nov 2010 Our Letter: Surely you should provide some proof. We will not just pay out because you say so.

Dec 2012 dlc letter: We have been trying for some time to collect this outstanding balance from you. Blah blah. If we do not hear from you within the next 14 days we will have to arrange a visit to the locality to verify your address.

[cerberusalert]

Check with the court to get the date of the judgment. If it's older than six years then tell whoever is chasing to do one under Sec.24 of the Limitations Act.

[KaptRoger]

cerberus: Thank you very much. I'll ring them Monday. That will confirm, things, and even if it does exist it is likely to be unenforceable, so it would be a case of dealing with things as they happened.

[cerberusalert]

If indeed it does exist & is over six years old then they are stuffed because of Sec.24 of the Limitations Act.

[KaptRoger]

In your opinion are they likely to take court action, or merely threaten it? Just your opinion of course.

[cerberusalert]

They may well threaten action but I very much doubt they would be stupid enough to attempt it, particularly if you cite sec.24 to them & state that you will defend any action and claim costs.

[KaptRoger]

Ha. Catch them p*ss*ng into the wind eh?

 

I would be interested to know if anyone else has letters from dlc quoting a Claim Number and whether there were CCJs or not.

 

Oh. Beer voucher donation whinging its way. Thank you and CAG team.

 

oh. One final question.

 

Is it significant that the amount they are claiming hasn't changed in the three years that they have been writing to me?

[cerberusalert]

Is it significant that the amount they are claiming hasn't changed in the three years that they have been writing to me?

Not really, it just probably means that the original judgment didn't include the right to charge interest.

 

When you contact the court there is a very strong chance that the case number won't even be on their system. This will reinforce the fact that it is over six years old and has been archived.

[KaptRoger]

I'll update on Monday. We shall see what the Court says.

[dx100uk]

ruddy fleecers!!

 

dx

[KaptRoger]

Oh dear.

 

Checked with the Court, and yes it did result in a CCJ.

 

Checked who it was in favour of and it is their "client" Hillesden.

 

Apparently it goes off the register on the 3rd.

 

Their last letter gave us 14 days (I guess from the date of the letter - 24th), which would be the 7th before they sent someone to the "locality" to check if we are here.

 

I imagine that at some point that they are going to threaten court action, and then what?

I quote the regulations to them?

 

Ok. I have re-read the threat - Cerberus has already answered. Thanks!

[dx100uk]

so when was the ccj?

 

dx

[KaptRoger]

03/01/2007

[dx100uk]

so its statute barred [as such] in 3 days

 

and DLC are not the named claimant...

 

chancing their arm you are a mug.

 

dx

[KaptRoger]

No - but their client Hillesden is. So they have to be sure that they make any claim in Hillesden's name not their own?

[cerberusalert]

Just ignore them until they contact you again & then give them the good news... sec.24.

[huggy41]

how i so love sec. 24:lol:

[dx100uk]

No - but their client Hillesden is. So they have to be sure that they make any claim in Hillesden's name not their own?

 

you really seem rather green about DCA's and their fake/tame soicitors...

 

sadly you are not alone with the smokescreens they put up.

 

DCA'S are NOT BAILIFF - they have

NO SUCH LEGAL POWERS.

 

only the OWNER of a debt can enforce ANYTHING.

 

and in 3 days...2 of which are court holidays

 

FAT CHANCE!!

 

ignore them.

 

dx

[KaptRoger]

Well then. I think I'll have to go out tonight and have some fun. Wifey will be happy too!

 

Here's an interesting thing (for me any way), Clarity didn't have a Consumer Credit License when they were chasing me.

 

Bottoms! The CCA search site works better with specifics like company number or licence number. I found them and they did have a licence. Shame. It would have given me something to moan about.

 

i'll go back under my rock now.

 

Ah but Fieldcall are not allowed to operate off their premises....bit difficult to visit someone then.....

 

Application / Licence Details

Licence Number:0593910

Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Fieldcall Limited ...Categories:

Debt collecting

Right To Canvass Off Trade Premises:No

Trading Name(s) (Current):

http://www.fieldcall.co.uk

Issued Date: 02-Dec-2006

Date Maintenance Payment Due: 01-Dec-2016

Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

Name Position

Andrew John Fowler

Garry George Stran

Laurence Rix

Michael Christopher Collis

Historic Individuals that run the organisation:

Name Position

Andrew John Fowler

David Michael Williams OFFICER

Gary George Stran

Geoffrey Alan Poundes OFFICER

Michael Christopher Collis

Stephen Keith Butternorth

Steven Leslie Johnson

Nature of Business:

Other

Current Address(es):

Address Type Address

Correspondence Swan Court, 2, Harborough Road, Lamport, Northamptonshire, NN6 9EZ, England

Principal Place Of Business Swan Court, 2, Harborough Road, Lamport, Northamptonshire, NN6 9EZ, England

Registered Office Swan Court, 2, Harborough Road, Lamport, Northampton, Northamptonshire, NN6 9EZ, United Kingdom

Historic Address(es):

Address Type Address

Correspondence 2, Swan Court, Lamport, Northamptonshire, NN6 9EZ

Correspondence The Hayloft, Pury Hill Business Park, Towcester, Northamptonshire, NN1L 7LS

Principal Place Of Business The Hayloft, Pury Hill Business Park, Towcester, Northamptonshire, NN1L 7LS

Principal Place Of Business Unit , 2, Swan Court, Lamport, Northamptonshire, NN6 9EZ, England

Registered Office 2, Swan Court, Lamport, NORTHAMPTON, NN6 9EZ, United Kingdom

Registered Office Sovereign House, 7 Station Road, Kettering, Northamptonshire, NN15 7HH

 

I just love this search tool!

[Old Cogger]

They contract out to local house callers no doubt.