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

[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

[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

[ohitsonlyme]

Donation made Thanks for your help 

[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

[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

[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

[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??

[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

 

[ohitsonlyme]

Thank you all for your replies 

I am obviuously over thinking things

best to continue to ignore 

onlymeagain

 

[ohitsonlyme]

I continue to receive chase letters very other month from Cabot and have to date ignored them

 

This months letter states they will ask a company called resolve call to call at my home and "make contact with me"

what should my reply / action be in this situation

 

There was a template around at one time telling DC that you do not give them authority to call but I cant seem to find it

Only me again

[ohitsonlyme]

IVe been reading around the forum and have noted the advice so I will be prepared to ignore them if they do call

Onlymeagain

[ohitsonlyme]

I have recently made a will and would like to understand how to deal with an very old ccj bought by a DCA so that they dont try to claim on my estate when I die.

Pointers to other threads or advice welcomed

 

Onlymeagain

[ohitsonlyme]

ccj  for £11k 14 years old -lloyds gained it and then sold the debt to DCA I get lettters every 3months or so, asking ne to call to arrange payment but I ignore and have considerred asking for a small full and final

[ohitsonlyme]

Things change

Ive got health issues  Ive been writing my will and learning about probate,

I could probably handle it if it was for someone else but my family couldn't

I am trying to tidy my issues up and dont want to leave this as a mess for my kids.

I want it out of the way and dont want to pay a scummy DCA

 

[ohitsonlyme]

Consumer debts Do not "die with you" if the estate has enough value to cover them 

 

The onus is on the exectors to pay any outtanding debts prior to benficiaries, It may not be enforcable but it is still a debt and by ignoring it the executors could be liable by acknoweldgning it the DCA will gain 100% of the £12k ccj that they paid pennies for

 

During my lifetime I can ignore it but if they continue to send letters after my death then the executors my wife and child have a legal duty to sort it out/ pay it  and I dont want thm to be left with the hassle or the costs of doing so.

What is the best way to stop the letters now while I am alive

[ohitsonlyme]

THank you Uncle your reply is very helpful, Does any one know what sort of % Crapbots may accept

[ohitsonlyme]

I took the bull by the horns as I didnt want any issues when I die and my beneficiaries unable to handle it

Result :Cabot have Closed their account

Letter states I Believe that you remain responsible for this account However due to the age of this and the time that has passed I have made the decision to close the account.

You will not be contacted by us or our agents again regarding this matter

Onlyme again

My letter to Cabot;

I DO NOT ACKNOWLEDGE THIS OR ANY OTHER DEBT OR ALLEGED DEBT TO YOU
I WILL NOT PAY ANY MONIES TO YOU FOR THIS OR ANY DEBT OR ALLEGED DEBT
In previous correspondence you state that the alleged debt is in relation to a County Court judgement in favour of Blackhorse/ Lloyds
You have shown no evidence of this or of transfer by The Court of any debt, CCJ or alleged debt to your company.
Should you believe that you have authority for this alleged debt please supply copies of all documents showing your entitlement
The original alleged debt is statute barred preventing you from you taking any action, I insist that you stop all contact with me in accordance with the limitations act 1980

The alleged CCJ being 13 years old cannot be enforced without an order from a court in favour the original creditor
The alleged CCJ cannot be enforced by you without the order from the court in your name
A court will not allow any changes to a CCJ without a further order
I will Not pay any debt to you alleged or otherwise without the order of a court in your favour
Should you continue to pursue me for this alleged debt I shall raise a complaint to the Financial Conduct Authority asking for their intervention
The consumer credit handbook states:
CONC 7.15.8R01/04/2014RP
A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

I am classified a vulnerable person due my various health issues, I insist that you stop any further letters or action
I ask that you confirm in writing that you have no further interest in this or any other alleged debt