threat of being sued twice

[scorpioeyes]

hi

i am new to this so please bear with me.Can anyone answer my question?

i received a CCJ in october 2000,when i was instructed to pay a monthly sum. I didnt maintain payment.Now,7 years on,a new debt collector is writing,threatening to take me to court.Can they due this?

thanks

[dannyboy660]

Unfortunately they can, and they probably will.

 

If six years has passed since last payment I think they need permission from the court to bring it back to life, but once they get that, they will expect regular payment or they will take enforcement action.

 

Has the new DCA told you they are going to seek to revive this judgment, or they trying to get you to pay up on their terms??

[scorpioeyes]

thanks dannyboy.my last payment was less than 6 years ago.They are i think wanting me to pay on their terms-as i am on income support they arent going to get much money from me,whichever way they pwersue the debt.

[dannyboy660]

I could be wrong about this, but with a judgment already in place I am pretty sure they need the courts permission to revive it, especially if several years have passed without any action. Really, the ball is in their court and it's up to them to decide what they are going to do.

 

Being on IS, you won't have a great deal to worry about because you only have a very limited income and there is a flat rate the courts use when determining how much you should pay.

 

Hang on :? .......Is it a completely different company from the one that got judgment in the first place????

[NitrousOxide]

Hang on :? .......Is it a completely different company from the one that got judgment in the first place????

I think you are correct.

He's saying he will be sued twice by two different companies for the same debt.

[dannyboy660]

Yes NOX I was a bit slow there, but the penny just dropped.

 

That's thrown me a bit. That must a 'foul' - how to proceed has set me off into thinking mode.

 

It's OK taking on DCA's, but with unsatisfied CCJ's involved it becomes a different ball game.

[dannyboy660]

Purely hypothetical now....

 

Bearing in mind this is a new DCA with no involvement in the CCJ, and highly unlikely to be in possession of the CCA, is this a 'search' mission??

 

and still hypothetically....

 

what are the potential consequences of doing absolutely nothing, and letting the new DCA do it's usual thing??

[sequenci]

you cannot be sued twice for the same debt so long as you can prove to the court that you have previously been sued for the debt in question. you might want to try and see if the court still has a copy of the original judgment, if not you could try here:

 

RTL Home

 

if they wish to enforce the original judgment they will need the leave of the court to obtain a warrant of execution, all other forms of enforcement require a hearing where the delay of time could be raised.

[dannyboy660]

you cannot be sued twice for the same debt...

 

 

Thank you Sequenci. I wasn't too sure about that.

[sequenci]

Thank you Sequenci. I wasn't too sure about that.

 

well in essence, you *could* be sued for the same debt twice, whether or not the court grants the judgment would be totally down to the defendant.