Old 2009 Argos Loan ccj - now being chased.

[Aussie 98]

I have been contacted by debt collector for a ccj from 2008,

I asked for sars request information,

asked for large print as I am partly blind and disabled,

 

they send me a message on my phone,

query how they got my number,

message states account was on hold please now pay just over £2900,

 

why was it on hold and why has my document req only 2 discs not,

as I asked for written large print proof of ccj what court and date.

 

Its 10 yrs old,

do they have to apply to court to enforce ccj as i am disabled and on disability.

 

Do they have a leg to stand on,

I suspect they have no docs proof,

and what's with the 10,

I've lived here 24 yrs. 

[AndyOrch]

Hi and welcome to CAG

 

If you would please clarify what type of debt the CCJ is for and who is the debt collector and original creditor.Then we can get you moved to the correct forum.

 

Regards

 

Andy

[Aussie 98]

It's an old argos loan for £3000 from 2003

heard nothing in all this time,

 

checked with courts 15th April 2009 that's 10 yrs ago,

they sent message on my phone account was on hold?

 

For what,

do they have a valid claim as no docs proof sent from them what do I do now? 

[AndyOrch]

Thread moved to Financial Legal Issues Forum...thread title amended

 

Who is the DCA ?

 

Ignore them ...

 

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

[Aussie 98]

I think I received no documents to proof of docs as from 10 yrs ago they never had an original cca, and do not have any docs now other than applying to a court. But what gets me is what's excuse for the delay, why 10 yrs and I have it in writing from the be it message on my phone account on hold all this time, so what excuse can they give a judge? 

[BankFodder]

A CCJ must be enforced within 6 years and after that they need permission of the court.

Ignore them

 

[Aussie 98]

What happens when a charge an interim is put on a shared ownership property,

no mortgage,

shared with housing association,

that person is now disabled on ESA and pip the house is adapted for the disabled person.

 

This person is terrified he is going to be kicked out its for £2600

he asks can they force a sale and can they force him to pay out of benefits, a

s they already have the interim charge,

as I've checked for him.

 

I know they would have to have a hearing,

would that go through without his knowledge,

or has the court to write to him and have a hearing first,

and can they force him to pay,

 

he's blind as well as disabled

citizens advice were not very helpful,

and he hasn't spare cash for legal solicitors as they charge the earth.

 

Am I right for such a small amount they would have to await his death as he is in his late 60s.

Or are these debt collectors just being bullies knowing they can't force a sale

, and just using fear to get monies now. 

[dx100uk]

are you saying there is a charge on the deeds relating to this

but its not solely owned in just his name?

 

if so its a restriction k and is all but useless to them..and they cant force a sale no.

 

confirm this

p'haps by typing out EXACTLY WORD FOR WORD

what the charge says

then i'll give you some info to put his mind at rest.

 

the above makes sence as that's why the DCA is chasing payment as they've realised the restriction k is useless.

 

dx

 

 

[Aussie 98]

Thanks I thought that as they do lie and bully,

yes he paid cash for his half of the house in the 90s and pays a small monthly rent as a tennent on the housing association half.

 

Thanks for that it will put his mind at rest, as it kills me when I have to read out there crap letters to him. 

 

Oh I forgot to say they even sent him letters stating they had a final charging order,

 

I wrote to registry for info on his deeds and they confirmed it's only a interim, and no final Co at all, so please share, always check as these people lie and lie.

 

I had already complained to fsa that he was reg blind and disabled,

and their calls and letters were harrasing him. 

[dx100uk]

text of what is on the deed please