5 CCJ's+restriction k's - been paying 2 after order of sale attempts - want to moved.. NDL say i must pay them all 1st? **RESOLVED - MOVED - NONE PAID**

[gtn]

Hello,

 

Yes that's correct. The first CCJ was late 2007 and the second was early 2008. Both CCJ's were removed from the register and our credit files in 2013/2014. I understand they stay on file for 6 years.

 

Both CCJ's obtained a charging order in court and then went for an order for sale, which was unsuccessful. The debts were sold by the original creditors to different DCA's. The original debts were unsecured credit card balances. We started making monthly payments around 2016. 

 

Am I correct in my understanding from what I read so far:

1. The CCJ's are no longer valid as they have expired
2. There is no longer a CCJ to enforce
3. The charging orders (restriction k's) are no longer applicable be cause we sold/moved home
4. There is very little the DCA's can do except harass and threaten us
5. I guess these are not time barred as we have been making payments

 

Ta

[dx100uk]

53 minutes ago, gtn said:

I'll need to reassure my wife who is fearful of door stepping and/or further recovery actions.

 

Any advice on potential follow up from the DCA's and how to manage it greatly appreciated.

 

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY debt - no matter what it's type. regardless to a CCJ existing or not.

 

1. a ccj does not expire.

2. there is.

3. never were .

4. most probably

5. once a court claim is issued the SB clock stops unless the claim is latterly disontinued.

 

as these CCJ's were never attained by the current DCA's debt owner, i doubt very much ANY paperwork now exists.

stop payments , if you are aware of who the current owner is AND you have moved and never informed them of your correct and current address IN WRITING do so to each one.

 

let see where they go.

 

dx

 

 

 

 

[gtn]

Thanks for clarifying and understood.

 

Why would I give them my new address in writing? Seems to be counter intuitive and inviting them to door step me.

 

I'm going to check who issued the CCJ's, as I cannot recall if it was the OC or the DCA. 

[dx100uk]

yes by royal mail just use their debt ref number.

state nothing else..other than please note my correct address as above re our mutual business.

 

you must NEVER run from debt

always inform debt owners of your correct and current address if you last used/paid a source of credit in say the last 7 years, else you risk backdoor CCJ's

 

dx

 

[gtn]

Noted. Interesting that CCJ's never expire even though they fall off the register/credit file record. These go back to 2007/2008, a life sentence in effect!

 

So the procedure for the 2 debts that I am currently paying monthly owned by DCA's that have CCJ's > 6 years old is write to them with my new address quoting my debt ref. # and nothing else. Stop paying them the monthly payments and wait to see what happens. In one instance it was the OC (HSBC) who obtained the CCJ, in the other it was the DCA (Arrow) who obtained the CCJ.

 

For the 3 other debts (HBOS, Arrow, CL Finance) where I have not written, communicated or paid anything since the CCJ's (all > 6 years old) and restrictions k's were obtained the procedure is:

1.  write to them with my new address quoting my debt ref. # and nothing else and wait to see what happens, OR
2. Continue ignoring them as they are not pursuing them (let sleeping dogs lie rather than running from debt)

 I note we have had a small number of debt collection letters/calls.

 

 

[dx100uk]

2 hours ago, dx100uk said:

yes by royal mail just use their debt ref number.

state nothing else..other than please note my correct address as above re our mutual business.

 

you must NEVER run from debt

always inform debt owners of your correct and current address if you last used/paid a source of credit in say the last 7 years, else you risk backdoor CCJ's

 

dx

 

 

[Badtimes123]

Just wow, everyday I read something on this forum that shocks me, fleecers EVERYWHERE.

 

Very pleased to see your posts go from negative to positive gtn!

 

As you've learned, CAG holds the truth, most other 'advice' places are mules and shills for the financial industry.

 

I've no doubt these remaining accounts will poof and disappear very soon if you keep coming back here and following the guidance at every juncture.

 

Everyone at CAG is an unpaid volunteer and the site doesn't generate a profit - consider donating should you ever be in a financial situation to do so without leaving yourself short, it really helps with costs of site hosting and maintenance.

 

This thread really made me smile, good luck closing out the remaining vultures and moving on with your life

 

BT

[gtn]

Badtimes 123, totally agree with you and glad the results made you smile.

 

I'm hoping that someone in a similar position as I was will be able to pickup this thread up and use my experience and apply it. Even if it's just the warning that NDL and CAB are really the smiling friend stabbing you in the back.

 

It has been a long and sometimes dark journey, more than a decade and still ongoing. The current status would not have been unachievable without the advice offered in this forum.

 

I'm not in a position to make a donation at this stage, but I soon will be and I certainly will do so. I revisited this thread so that I could update the forum and pass on the outcome to help someone else. Supporting the forum and its volunteers with a donation is a moral given.

 

Letters being written and will be sent with a certificate of postage obtained.  

[gtn]

I checked the CCJ's and some are showing the OC as the claimant and some are showing the DCA/new debt owner as the claimant. What difference does this make to me, and their ability to recover the debt and enforce the CCJ's?

 

For example one credit card provider issued a default notice in 2008 and then the debt was bought by Arrow who issued a CCJ, obtained judgement, then a final charging order and attempted an order for sale. We agreed a monthly payment of £70 a month on a debt of £12K. we have paid £5K and there is still £7K to pay.

 

The debt is owned by Arrow, they have a CCJ, a payment arrangement, we get letters from their legal reps and they had a restriction on our previous home. Where does that leave me once I send the new address letter and stop paying the monthly payment? Why would they just disappear and not pursue enforcement of the CCJ and possibly obtain a charging order?

 

Apologies for the questions, just trying to understand it. Thanks in advance.

[dx100uk]

it doesn't matter who the claimant was really for a CCJ's of this age.

 

as for this arrows one, it might well be the only one to possibly keep paying on, but i'd certainly drop the OD one whereby the OC got the CCJ and a DCA bought the debt.

 

[gtn]

Thanks dx100uk, your guidance and advice is greatly appreciated.

 

Ok letters in envelopes ready to go 2nd class and I will get proof of postage.

 

My wife and I had a discussion and have decided to continue paying the two we are already paying, at least for now. We will revisit in due course once we know what follow up action comes our way. Having reviewed the files/paperwork we are still getting regular letters from 4 of these and telephone calls from 1. 

 

 

[dx100uk]

I question your wisdom on paying the od ccj esp to a debt buyer.r

 

for an od for that period i bet the original sum would have undoubtedly been 90% unlawful penalty fees that if were questioned at the time could well have been removed.

 

pers i would not be paying it, if they wish to try and enforce payment, that would give you cause to have rhe sum reinvestigated. Might pay you to sar the original creditor if you dont have every statement from day one now in preparation if the dca does try anything.

 

Dx