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ccj help please


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hi i was wondering if anybody could help i came home to find a letter for my partner from a man i do not know. stating that my partner must pay him £300 if not things will get serious! he says my partner took the money off him 13 years ago my partner would have then been 16. he says he got a ccj against my partner in 1995 which we have checked his credit record and could not find one. my partner has no clue about it.i phoned the man and he said the amount had gone up tp £400. could this man have taken a ccj out on my partner on his say so that he gave my partner £300. if he did could he come back 13 years later threatening us and saying give him £400 or he will take him to court. we do not know what this man is on about help this is upsetting me so much

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You should ask for proof of the debt. At the very least the individual in question should provide you with details of the court he claims to obtained a CCJ at and the claim number. If he refuses to do this or makes threats of violence, then you should refer the matter to the police.

 

If he does have a valid CCJ, then unfortunately the six year rule doesn't apply. CCJs can be enforced forever. However if a period of six years has elapsed since the CCJ was granted during which the claimant has not sought to enforce the debt, then it can only be enforced with the permission of the court.

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thanks or the reply this man claims he obtained a ccj against my partner when my partner was 16 my partner knows nothing of this. he claims he gave my partner £300 but has no prof he gave my partner this said money . as i said before my partner knows nothing about this. could the man obtain a ccj without any prof?

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I don't believe you can get a CCJ if you are 16 years old. Call your local county court and check with them. I think the guy is talking a load of tosh. It makes absolutely no difference what the guy his saying, as even if it is true, he has to go back to court to get it enforced again.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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If i were you i'd call the police, and take advice. This sounds very suspicious as far as I'm aware the court can't grant a CCJ against someone at the age of 16 simply because the minimum age for gaining credit (DWP lones for young parents aside) is 18?

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thanks for all your help the man said he had this ccj on his word i cannot see how he could get a ccj against my partner as my partner knows nothing about this man so it would be just his word that he gave my partner this money

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  • 2 weeks later...

well heres an update and a half i could cry.

a letter came this morning from the courts saying that an order was made for a judgement against my partner on 2/7/96 my partner was 18. the chap making the claim says that he wrote to use asking for the amont and aparently i phoned him and told he he was not getting a penny. i never said such a thing i told him my partner did not know about this matter. there has been no contact from both sides untill the letter came demanding money.

in the letter he first sent he asked for £300 if we did not pay the amont would go up to £2000.

i have got a copy of the court papers which statemy partner had to attend an pilimary arbitration appointment on the 2/1/96 at that time my partner was 17 this letter was dated 6/11/95. the court papers have the wrong address for my partner on them so he could not have got them in the first place. its the right road but wrong door number about 100 houses off. my partner says he went to court with his mum on one occasion and was told it was dropped as the person did not attend.

there was then a notice of arbitration hearing dated 3/5/96 to attend 2/7/96 again to the wrong address. at this point the judgement was made as my partner was not at court. as he knew nothing about it. . the letter today says the chap has a permision to enforce the judgement by warrent of execution. i phoned the courts who say we can apply to have it set aside for our chance to defend it. the procedings started when my partner was 17 the judgement was made when he was 18. and the fact the court sent the papers to the wrong address. what can we do. this judgement is on this chaps say so. like i said before he has no prof that this said money was given to my partner. help please anyone what do we do

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i phoned the court and they said i can pay £65 to get it set aside then provide details as to why my partner thinks he should not pay. the courts said they dont have the file anymore as its to long ago. i told the courts there has been no contact for 11 years. but i was told to pay the fee and give my side as my partner has never given his side apparently. oh this is a nightmare

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well first stop panicing. even if the guy does enforce and a bailiff came to your home, you DO NOT have to let him in.

deny the debt exists, its his word against your hubby's and as you said the court have lost the paper work anyway.

also this guys talking out of his arse. a £300 debt is not going up to £2000.

he's just trying to frighten you and it seems its working.

if you pay the £65 say the reason your not paying is cus theres no debt to pay.

what is this alleged debt for anyway? you can't have credit untill you are 18. so it doesn't matter when ccj taken out any contract if any would be invalid which i assume would make ccj also.

if the the alleged debt was from so long ago why has he now decided to persue it after all this time. how did he find you and does hubby remember what it was for. anyway let HIM prove you owe it and chill out.

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if he has a judgment he could quickly enforce it although the amount of time will go against him.

 

he will need leave of the court to use enforcement action, i.e. CPR Schedule 2 CCR order 26, rule 5 states that a warrant of execution shall not be issued without the leave of the court where more than six years have passed since the judgment AND it must be supported by an affidavit. other enforcement methods would need you to attend a hearing and you can argue the time delay then.

 

also this guy would need to prove that the original judgment existed before he could enforce.

 

if you set aside the current judgment he could go for court action again although there would be a limitations defence at this stage.

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hi thank you everyone for all your help. the chap has got a warrant of execution. so i have been to my local court today and filled in a form to set it aside and also another form to wave the £65 fee as we get working tax and child tax and fall into the right catogries. my partner put on the form that he did not get the court paper because the address they were sending the papers to was wrong and he had never lived at the address also he put that when the claim was filled he was 17 for the arbritration he was 17 when the judgement was made he was then 18. so his point was that the case against his started when he was 17. also he added that the chap in question was not telling the truth about speaking to me on the phone and that he was very abusive we called the police i encluded the log number. he also said that this chap had not told the truth when he said my partner admited to him that he stole this money. my partner wrote he never took the money nor did he ever admit to taking the said money my partner added that if he had got the papers he would have gone to court and defended himself but did not have the chance as he never got the papers. so he could not have deffended himself. therefor the judgement was awarded on this chaps say so. its his word against my partners what does everyone think did we do it all ok. any help would be great thanks everyone you have all made this a little more bearable x

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  • 2 weeks later...

the set aside hearing is very soon what happens at this? also we have managed to find out the whys to the case. it turns out its my partners step fathers friend. they had a big fall out years ago because my partner wanted to know the biological family. as sisters were raised with biological dad. the step father now claims to be a witness 11 years later this is clearly some sort of revenge having had nasty phone calls in the past week will the court take this into account? help someone x

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hello everyone my partner went to the hearing today and it went well the man in question kept on at the judge to allow witnesses into the court but the judge told him no. my partner answered all the questions so hopefully all will be ok. the judge said we will get a decision in the post. i dont know what happens next? what does everyone think?

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hello everyone my partner went to the hearing today and it went well the man in question kept on at the judge to allow witnesses into the court but the judge told him no. my partner answered all the questions so hopefully all will be ok. the judge said we will get a decision in the post. i dont know what happens next? what does everyone think?

 

Can only wait ith bated breath--The very bet of luck..Let us know how it turned out

Just hate every DCA out there

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hi all i wanted to let you know that the ccj has been set aside. it has now gone back to the start so it can be heard again what happens with this and what do we need to do? also we wanted to say thanks very much for all your help and suport you have all been a rock of strength for us at such a difficult time

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