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Bluetonic123

Resolvecall / Robinson Way & very old CCJ & home visit to old address

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I got into a massive pickle with debt between 2005 and 2010. This was loans, overdrafts and payday loans. I have since had refunds from some of the payday loan companies and now have good credit rating.

 

I have credit card and a loan which I am up to date with and am hoping to get a mortgage in 2-3 years but an old debt has come to bite me in the bum and I would like some advice. 

 

I had a CCJ relating to a student overdraft in around 2008. I buried my head in the sand and moved a lot and never paid it (I know it was wrong) and it has now dropped off my credit file.

 

I had a couple of letters from Robinson Way for a debt which I assumed was statute barred but thinking about it could be the old CCJ. I moved house a couple of months ago and these went to my old address. I know the tenant that moved into my old address and have been told that some credit agency came looking for me. They didn't leave a letter or say who they were from but I did get one from ResolveCall acting for Robinson Way threatening this (I only saw this a couple of days ago as I collected some post) so I assume it was them.

 

I was wondering if anyone could advise me on whether or not old CCJs are enforceable. If this was the original creditor I would be happy to come to an arrangement. However I am loath to pay these bottom-feeders if I don't have to. Obviously it is deeply unfair of me to just leave it as I don;t want them harassing the new tenant or the landlord so leaving it is not an option and I will pay them rather than subject them to DCAs calling.

 

I would be very grateful if anyone could tell me if very old CCJs are enforceable and point me in the direction of template letters. I will communicate with them via email as they can't claim not to have received things should this go any further.

 

As I said above, I have worked hard to repair my credit rating and would hate this to destroy it again so if my only option is to pay  I will. 

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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.

 

Andy


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Resolve call are powerless and are not BAILIFFS

why not simply send them a letter giving your correct address

Dx


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@dx100uk I will do but wanted to know where I stood first. They might not have legal powers but they do have the power to make me feel uncomfortable and harass me which I don't want

 

.@Andyorch Thank you for that. I am about 80% sure it is the CCJ but not 100%. I was considering sending them either the statute barred or prove it letter. Any thoughts on which would be better? I imagine that they paid pennies for the debt so part of me is considering offering them 20% to go away. Do you think this is a good idea?

 

Thank you for replying I am quite worried. 

Edited by Bluetonic123

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cant be sb'd if you have a ccj.

 

tough luck on being harassed

that's all a dca can do anyway.

 

just send robbersway a simple letter saying I now live here.

 

 


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Personally I would ignore them ...they have few hurdles to cross before they can do anything with the judgment...which costs....but yes you need to update your address with them and retain proof of notification.


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Thanks @Andyorch I will update my address but I would like to stop them coming here if possible but I guess that's not! I now have to decide whether or not it is worth paying them to go away. 

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Well thats up to you and your choice.....I personally would file all the letters together....anyone at the door would be ignored or told to go away and sit back until the court informed me they had made a fresh application to request permission and the court informed if they had allowed it.


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