Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**

[ohitsonlyme]

I have an old CCJ against me for £10k original creditor LLoyds

I never heard anything off them after the forthwith CCj was issued in 2009,

 

Late last year I got a letter to my home address from Cabot I knew what it was about, but thought they might not know about the CCJ so I sent statute barred letters and eventually got a reply with all of the CCJ info on it

 

I know it will be difficult for them to take it back to court,

The CCJ was raised  at my old home address and I still rent the property out and so have always received mail from it and it is also linked to my new address both of which have been on the CRA sites and electoral roll as lniked adresses so I have always been available.

 

Should I simply ignore the reply to the statute barred letter (there are no threats about going back to court on it) if not ignore I am unsure of how to reply 

Any assistance very much appreciated

 

Onlymeagain

[Ethel Street]

I have a feeling that the statute barred rule doesn't apply to CCJs that have already been issued but if the creditor has taken no steps to enforce the CCJ for a long time they need the permission of the court to take enforcement action.

 

So it is more than 10 years since the creditor last made contact with you about the CCJ/debt?

 

Hopefully one of the experts who knows more about it than me will be along soon.

Edited February 2, 2020 by Ethel Street

[ohitsonlyme]

You are quite right that statute barred does not apply And it will be difficult for them to go back to court I jsut dont know whether to ignore or if not how to reply

[London1971]

Statute Barred does not apply with a CCJ. You will always owe it. However, after 6 years the debtor has to go back to court in order to chase it. Which almost never happens. Therefore ignore! 

[brassnecked]

CrabPot would have to justify why they hadn't enforced against it and that becomes more difficult after 6 years, after 10 the iourt would have a very jaundiced view of the attempt.

[fkofilee]

Oh erm... Ya... It also wont appears on your CRAs 

Remember - 6 year expiry... 

 

 

[ohitsonlyme]

It came off my credit file nearly 4 years ago so I've no worries there,I will ignore and take it as it comes these things dont stress me out any more. 

Just a thought doesnt the original creditor on the CCJ  have t be the one to try to enforce and Crapbots are not the original creditor

 

Thanks again peeps

onlymeagain

[dx100uk]

just cabot trying to see if you are a mug.

 

you've sent then a letter for you new address so they can't do anything without you knowing about it anyway

 

dx

 

[London1971]

I bet it works in a lot of cases. They probably send a 1000 letters per week. £200 on stamps and envelopes! if only 5 people pay up it makes it all worthwhile. Fortunately you found CAG and are now informed.

[ohitsonlyme]

Donation made Thanks for your help 

[dx100uk]

[ohitsonlyme]

Just a thought, I am now 65 and diagnosed with prostrate cancer -(no need to worry  very early very treatable).

thinking of my mortality and dying I wonder if it might crop up after my death (hopefully in many years to come)

Can they make a claim on my estate (mainly substantial insurenace poilicies), my wife and 10 YO daughter wouldnt be able to sort it out like me

Should I offer them £10 as full and final and to stop writing letters to me or tell them I am not going to pay fullstop.

 

At this time I am ignoring as there is no threat that  they are trying to come after me and with it now being 11years since ccj issued very unlikley they can come at me in any meaningful way

[dx100uk]

1 hour ago, ohitsonlyme said:

Can they make a claim on my estate

 

not sure why you are thinking any consumer debt is payable from an estate... CCJ or not upon debt...99% die with you.

[Ethel Street]

2 hours ago, ohitsonlyme said:

 

Can they make a claim on my estate...

 

 

I hope the situation isn't going to arise any time soon!

 

When someone dies, their debts become a liability on their estate. The executor of the estate, or the administrator if no Will has been left, is responsible for paying any outstanding debts from the estate. If you owe a debt when you die your death does not extinguish the debt. It is still a debt of your estate. (The reverse is also true, if someone owes you money when you die they are still required to pay it to your Estate).

 

But Cabot/Lloyds have no more right to enforce the CCJ against your Estate after your death than they did before you died. They would still have to go to court and get permission to enforce it and all the advice given so far on this thread is that they would find that very hard to do. So they could not easily get the money from your Estate.

 

What I don't know though is where this would leave the Executors. In principle Executors are required to pay all debts of the estate before distributing what remains to beneficiaries. If they don't a creditor could proceed against the Executors personally. But are they required to pay a debt that they believe is unenforceable? I don't know, I've never seen any legal discussion of that situation.

 

As £10k is quite a large sum of money it might be worth you spending a bit of it to get a legal opinion from a specialist Probate solicitor on what your Executors should do if this situation arose (from the solicitor who drew up your Will?).

[AndyOrch]

Has the judgment been secured against a property ?

 

Andy

[ohitsonlyme]

@dx100uk

It is the 1% that I am thinking about and my wife's ability to sort things out.

I realise it is likely to be difficult to enforce but I don't want to leave any problems behind and so i was thinking of trying to get them to back off even though my current tactic is to ignore as I can handle the issues as they come along whilst I am alive!

 

@Andyorchno It is not secured in any way and all I am getting is please pay us letters  no threats CCJ is now 11 years old

 

 

@Ethel Street

I hope the situation isn't going to arise any time soon!  Me too!!

 

When someone dies, their debts become a liability on their estate. The executor of the estate, or the administrator if no Will has been left, is responsible for paying any outstanding debts from the estate. If you owe a debt when you die your death does not extinguish the debt. It is still a debt of your estate. (The reverse is also true, if someone owes you money when you die they are still required to pay it to your Estate).

 

But Cabot/Lloyds have no more right to enforce the CCJ against your Estate after your death than they did before you died. They would still have to go to court and get permission to enforce it and all the advice given so far on this thread is that they would find that very hard to do. So they could not easily get the money from your Estate.

 

What I don't know though is where this would leave the Executors. In principle Executors are required to pay all debts of the estate before distributing what remains to beneficiaries. If they don't a creditor could proceed against the Executors personally. But are they required to pay a debt that they believe is unenforceable? I don't know, I've never seen any legal discussion of that situation.  This is the bit that is interesting  and possibly problematical for my recently deceased family and something I want to avoid now rather than risc it when I am gone

 

As £10k is quite a large sum of money it might be worth you spending a bit of it to get a legal opinion from a specialist Probate solicitor on what your Executors should do if this situation arose (from the solicitor who drew up your Will?).

  Good Idea but most solicitors will tell me the same that you have highlighted that the execuotrs have a duty to reapy all debts before Beneficiaries This could have potential problems for many on this site Would this same situation apply to old non ccj unenforcable debts that we have ll "Won or believe to be SB" Our legal experts on here will have a better insight to  the situation and what our goals and pitfalls are possibly even experience of a similar situation where a member of this site has died

[dx100uk]

Its 11yrs old

 

No one can enforce it

Its not secured.. Its dead in the water.

 

 

 

[AndyOrch]

Quote

no It is not secured in any way and all I am getting is please pay us letters  no threats CCJ is now 11 years old

 

And you have checked with the Land Registry ?

[ohitsonlyme]

The property is owned by me and my ex wife and would have to be a restriction and no there isn't anything registered at the LR 

I think they would be a bit more forceful if they had any hold on me

[AndyOrch]

[ohitsonlyme]

7 hours ago, Andyorch said:

Hi Andy should  try to sttle for A minimum f&F ??

Also what happens to older credit card debts in probate that we have all discarded??

[AndyOrch]

Given that its 11 years old and the judgment claimant has failed to do anything......no I wouldn't. With regards to other debts...not sure what you mean by " in probate " but if there is no estate then there is no pay...

[brassnecked]

Any offer of F & F given the 11 years would be looked on as Christmas and they might try to "persuade" you to offer a bit more.

[Ethel Street]

4 hours ago, ohitsonlyme said:

 

Also what happens to older credit card debts in probate that we have all discarded??

 

 

Can you clarify this please. Is this about what happens to credit card debts after you die? What sort of debts are we talking about that "we have all discarded" ?

 

 

[ohitsonlyme]

8 hours ago, Andyorch said:

Given that its 11 years old and the judgment claimant has failed to do anything......no I wouldn't. With regards to other debts...not sure what you mean by " in probate " but if there is no estate then there is no pay...

I am likely to have a substantial estate .

Since the last recession and I lost everythiing to the banks I have built myself up again I aslo have several large insurance policies that will come into my estate.

The point I was trying to make is that if an old ccj could be clawed back by a credit cardot DCA then surely old SB debts would fall into the same category and executors would need to satisfy those too as technically they are still owed by many of us that have unenforcable CC Debts