HSBC CCJ from 2008 now bought by Robway - they are trying to enforce after 12yrs!!

[tonyp1969]

Hi,

Just a quick one seeking clarification. 

I got a CCJ in 2008 so it is now 11 years old. 

This was a HSBC account. 

There was never any further action taken to recover the money following the CCJ. 

 

A company called Robinson Way have now been in touch trying to claim this money.  

My belief was that with no action being taken for over 6 years that they couldn't now pursue this?

 

 

[BankFodder]

Yes, that's right.  They have to apply to the court

[AndyOrch]

They seem to be rather busy chasing old Judgment debts......Post #36 of the following thread

 

https://www.consumeractiongroup.co.uk/topic/372003-ohs-lewis-debenhams-card-2009-ccjco-now-robbersway-chasing/page/2/#comments

 

Andy

[tonyp1969]

I told them that I don't owe them anything and to go away as I don't acknowledge that I owe that company anything.

They can do one.

 

[AndyOrch]

That told them .....

 

Thread moved to Financial Legal Issues Forum...please continue to post here.

 

Andy

[tonyp1969]

UPDATE:

 

I have had a solicitors letter today stating that a County Court has ordered that Robinson Finance now own this debt.  As this is almost 12 years old should I apply to the court to have it set aside and is there anyone that can help me with this at all?

 

[AndyOrch]

I think its a little late after 12 years and why would you want to anyway....it no longer shows on your credit files.....Robway cant enforce it without the courts permission which they would struggle to get.

 

Andy

[tonyp1969]

Thanks Andyorch,

 

So now that they own the debt it doesn't mean they can enforce it?  That is good news.  I will not reply to them.  They can go away.

 

[AndyOrch]

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.

[tonyp1969]

The have written to me again threatening to visit me at my place of work and if I still don't pay that they will apply for an Attachment of Earnings.

 

Should I respond to them or ignore them? Will I be advised if this goes back to court if they apply for enforcement?

 

[dx100uk]

I would suggest you read the letter carefully and properly?

as it doesn't actually say WILL anything?

 

as for visiting works addresses, they know they cant do that.

don't forget a DCA is NOT A BAILIFF

and have

ZERO legal powers to enforce or do anything on any debt , no matter what it's type nor any previous court action,

 

why don't you scan the letter(s) up to one multipage PDF

read upload guide carefully

 

we could do with a good laugh on a monday

 

dx

 

[tonyp1969]

Thanks,  There wording is actually "we will look to" 

 

[dx100uk]

and then look away and we know we can't do anything

but if you want to be a mug and think we have magical powers..please feel free to give us free money we can use down the pub tonight...

 

dx

 

[AndyOrch]

Let them apply for a AOE.   They will have to get permission first to enforce.

 

Andy