11 y/o upaid CCJ being chased

[sequenci]

Kindly show me where in the LA there is statutory provision to prevent the isuing of a warrant of execution.

 

Bet you cannot.

 

The reason being is that it's actually in the Civil Procedure Rules: CPR Schedule 2 CCR Order 26 Rule 5

[Peterbard]

I think someone is banging their head here, the Brigg does not want to look at case law for some reason.

 

The facts are as Sequency stated, the SOL does not apply to county court judgment enforcement, because the judgment and enforcement are the same process, if another action was brought about using the judgment as cause of action, perhaps bankruptcy proceedings for instance then section 24 would be relevant, as it stands all that is required is permission from the court, this is unlikely for the reason stated but has absolutely nothing to do with the SOl.

Edited July 26, 2013 by Dodgeball

[KaptRoger]

My thanks to all involved in the discussion. Unfortunately I'm not sure if I'm any the wiser.

 

Should I respond to the letter from Hapless? Or should I sit tight and hope that a warrant will not be issued?

 

Thanks

[dx100uk]

sit tight.

 

its an if maybe letter.

 

if they wanted to enforce it

they've had 6yrs to do so.

 

they haven't.

 

dx

[sequenci]

Apologies, we all went a little off piste. Do what DX says!

[Peterbard]

Agreed

[BRIGADIER2JCS]

Just use the letter drafted but edit out the ref to LA 1980 so this should shut up Hapless an Useless of Banbury:madgrin:

Edited July 27, 2013 by ims21

[KaptRoger]

Hello folks,

 

262 days since their last letter I have received a new one from DLC, heralding the advent of silly season.

This letter is a fun one - "you owe us 10.5K, so pay us £5/month alternatively we will settle for 2.6K - if you don't, we might think about doing some stuff!"

 

Can any one provide an address for the Compliance Manager of DLC please? I need to tell them that I have not had any dealings with them or their client and have bank statements going back 7.5 years to prove it (he he) - so any alleged debt is completely and utterly SB. Just in case any one asks there is nothing on my credit report and nothing on Trust Online - I am, mostly, a good boy.

 

Cheers

[BRIGADIER2JCS]

Just address any communication to their head office.

 

Buckingham Road

Brackly

 

Northants,

NN13 7 DN

[KaptRoger]

Ah, ok - thanks again Brigadier.

[BRIGADIER2JCS]

Ah, ok - thanks again Brigadier.

 

You're welcome.

[KaptRoger]

Having written a strongly worded sod off letter to them they have written back telling me the account is closed (it was adapted from one of Brig's)

 

Whoop!

[KaptRoger]

Hi,

 

I'm looking for some advice in respect of a CCJ that came to light a little while back. First, if I may give a little potted history of this situation:

 

2010/11 Letters from DLC saying that a CC debt was owed. Asked for evidence as was surprised by this. Nothing was forth coming.

 

2012/12 Letter from DLC saying that there was a CCJ and that they must be contacted with in 14 days with an offer. Rang Northampton and was told that the CCJ was a week (might have been 2 weeks) from being 6 years old.

 

2018/08 Letter from Mortimore Clarke saying the MEIII had been assigned the debt and that they had "been told of the CCJ".

 

2018/09 Two letters 14 days apart saying that MCS should be contacted to arrange payment, otherwise options like charging orders would be considered.

 

So, my question is: how do should the problem be approached?

 

The CCJ is nearly 12 years old. There have only been a few letters (as listed above), so how does this stand? Are the letters attempted enforcement? What is the likelihood of MCS achieving anything?

 

EDIT: Additional info. We have moved 3 times since the events started - 2011 / 2013 / 2017. We have always been on the electoral register. We were renting until 2017, when we bought a house.

 

Thanks in advance

[KaptRoger]

Well B*gger me! I asked this question 5 years ago and was told to sit tight.

 

I'll do this again I think. Although, if things have changed I would still appreciate some advice.

[London1971]

Download your free noddle or Experian Credit report. The public information section will list all CCJ's. If it is more than 6 years old it will not be listed there anymore.

[Bazooka Boo]

They're chancing their arm, they will need to go back to court to explain why it has taken them12 years to enforce, bunch of jokers.... personally I'd ignore them.

[dx100uk]

7 threads merged on same debt

 

dx

[dx100uk]

ignore!!