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CCJ on old Business Loan via PG but business now sold on - claimant has not Enforced yet - what's next?

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Hi all,

 

I'm new here, so please forgive me if I'm going over any old ground or get something mixed up.

 

I was the personal guarantor on a loan that was not paid.

The original loan was to a business, which has been dissolved for some time.

I was the MD of the business but I sold it, alongside it's debts, to someone else who was very aware that this loan required payment but who acted fraudulently in order to avoid it.

 

However, I was unaware of this and was only contacted by a law firm a couple of months ago about it.

I had never received any request or notice that this debt was not being paid, or that there was a CCJ issued against me.

 

The business who were owed the money did not have my new address, however they did have my phone number and my email address, which they had previously used to contact me on for any account queries. As an FYI, I can't pay this money & attempt to claim it from the person I sold the business to because he moves around constantly and has no money to speak off, so it would be a waste of time and money.

 

I responded by email and advised them of the situation outlined above & requested time in which to consult a solicitor and, further, I requested proof that this money was owed as well as a breakdown of how the total amount was arrived at.

I heard nothing back from them for

 

just under 2 months, at which point they had changed the name of the company they were acting on behalf of to the original company owed money to, versus the previous letter I had received giving a different company's name.

 

They told me something along the lines of their client may be willing to accept a settlement, but they stated no amount.

They included evidence of the CCJ issued, but no breakdown of how the sum owed was arrived at. Additionally, they then gave me 7 days in which to respond.

 

Due to the fact that I had no further response from them after my email I had not taken any action for legal advice (clearly I will seek to do this shortly).

I have gone over the 7 days, however I don't believe they had any legal right to request this, so I wasn't particularly concerned, especially given the length of time they took responding to me.

 

This sum of money is not a small one. I am now a student with no income and I will not be able to pay this amount. 

 

My husband did a little digging for me and discovered that the CCJ had been submitted in 2016, and according to MCOL if the defendant does not respond within 6 months the claim is 'stayed'.

 

Does anyone know what this means and if this law firm has any authority to act based purely on this?

Also, what would be the likely following procedure for them if I either ignore them (I'm assuming this is a bad plan but I'm not 100% sure) or I respond, again asking for the missed information?

 

I would really like an idea of what it means if it was 'stayed' in case it is something I should be aware of when I respond to them.

 

If it makes any difference, I have had mental health problems that have kept me off work & took me out my first term at university.

I only mention it because of something my husband said he read about them not being able to proceed against someone who with mental health issues that struggles to always understand / is able to make proper judgement of a legal situation.

 

This would be the case at times, however I must point out that I am not at the point where someone else needs to have power of attorney/similar for me, so I'm assuming I would not be in this category. Not sure if anyone has an idea about this one.

 

I guess finally, I do have one more question if anyone knows

- could my husband's earnings or anything he has be taken into account in terms of my ability to pay this.

 

I'm hoping this would not be the case as this debt as was not acquired by him.

It was me who was foolish enough to assume I could trust this individual I sold the business to to keep to his word.

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you've got things in a twist

a claim is only autostayed after 28 days if the claimant fails to respond to the defendants defence...not the otherway around 


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Are they threatening to lift the stay ?  A claim can remain stayed indefinitely but shouldn't be longer than 6 years. To proceed the claim an application would have to be made to the court with good reason as to why the stay should be lifted and the claim progressed.

 

Only the original claimant can do this unless the assignor/assignee has informed the court of change of claimant.

 

Andy


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Ahh, I see. Thank you dx100uk!

 

And thanks Andy for further info.

 

I've just checked and I've only been sent proof of the claim form and the Notice of Judgement Entered.

I have no further information that the claimant took any further action from that point (2016) until now.

If no further action was taken until now by the claimant, would that impact how they can proceed now? 

 

Further, based on Andy's response, the law firm have not threatened to lift the stay, should in fact one be in existence.

Would they have to inform me of this first?

What type of thing would be considered a good reason?

 

Given I'm 3 years behind the times here & already 3 years into a 6 year CCJ, I'm trying to work out if they can do anything because it's such a large sum I might as well wait the rest of the CCJ out if there's not likely to be anything the law firm can do.

 

I have a suspicion that the debt might have been sold by the original company anyway, due to the other name that was on the original letter from the law firm, but I don't know this.

 

Thanks again for help!

 

 

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So if you have Notice of Judgment then the claim is not stayed...and the claimant has 6 years to enforce the judgment by further means....

 

Attachment of Earnings

Charging Order

Third Party Debt Order

Or possible Bankruptcy 


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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