Bought debt help

GeorgeUK

If there is a CCJ against him, the registry trust will have a record of it. Don't know how much it costs or exactly what details they give you, but they will be able to tell you if there is a CCJ or not. Have you heard back from them yet?

Have you changed addresses since 1996?
If you haven't then as mentioned in the first link of my last post, there is a good chance you could get the CCJ set aside.

Also, speak to nationaldebtline and ask them about CCJ's that have not been chased for 12 years - they may be able to advise what to do next or what to put in your objection to the charging order application.

It may also be worth contacting the citizens advice to get another opinion on this. I'm sure they will have seen this before.

If you have not done so, i would also request a copy of the customer credit agreement (CCA). They have 40 days to respond with the SAR, but only 12(+2) to provide a copy of the CCA. If they don't have a copy of the CCA then the debt is unenforcable. I'm not sure if you can get a CCJ set aside if they cannot provide a copy of the CCA but it may be worth trying. I suggest you start a new thread asking this particular question and possibly link it to this thread (copy and paste the http address) - if we can get more opinion on this we may come up with some other possibilities or people replying with similar experiences.

littlun

If there is a CCJ against him, the registry trust will have a record of it. Don't know how much it costs or exactly what details they give you, but they will be able to tell you if there is a CCJ or not. Have you heard back from them yet?

It was £8 per address. There isn't one registered to this address (I assumed it would follow us around), but obviously not, so I could do another for the address were were at in 1996 or I could wait for the response from the sols.

Also, speak to nationaldebtline and ask them about CCJ's that have not been chased for 12 years - they may be able to advise what to do next or what to put in your objection to the charging order application.

Yes, they told us to put in an objection (which costs £75), but this seems a bit mad since we don't yet know if there even was a CCJ! (And, if there was, whether we have any grounds to object to it. I'd assume not, since this entire issue has been caused by my husband simply burying his head in the sand!)

If you have not done so, i would also request a copy of the customer credit agreement (CCA).

Thanks. Yes, I've done this. They'll be getting both letters (the statute barred letter, which will prompt them to prove evidence of CCJs if they indeed exist) and the CCA letter asking also for statement of a/c. Husband reckons his wages were garnished for about five years at £80/month so it seems like a good chunk would have been paid off. Unfortunately, he can't remember how much the original loan(s) were.

Hopefully, in the next couple of weeks we'll get a fuller picture of what we're actually up against. The court date isn't until middle October, so we've got time. I just need to speak to the Land Registry sooner rather than later.

I don't have a problem paying it, assuming it's all genuine and not statue barred, I just need the information first. (And then I'll need to decide *how* to pay it. It might actually be prefereable to have the order since they can't add interest - because it's less than £5k - and in that case, the longer we're in the house, the less money they'll get in real terms. Unless, of course, I'm wrong about that.)

Thanks again! Thanks to discussing it here I feel much more in control.

GeorgeUK

Hi littlun

I would try the registry trust again so that you know for sure if there is a CCJ and when it was awarded (i doubt they would go to the land registry without there being one, but you never know). If there is, contact the nationaldebtline to discuss your options. According to their site, if a CCJ is more than 6 years old, they would need to reapply to a court to enforce it. If they have not done this then (hopefully details would be available from the registry trust) they may be able to suggest what to enter as a defence or what your next step should be. Can you apply to the court to have the CCJ set aside?

Hopefully when the SAR comes through you will get a few more answers but i think this is worth trying in the meantime.

littlun

Thanks, George.

Just tried the Registry Trust again, but their records only go back 6 years, so that's no good.

Am sending an objection to Land Registry today (after advice from Debt Helpline) on the basis that we have no information about the debt, as it's come out of the blue after 12 years!

I think they have been to court to "consolidate" two CCJs from 1996, but that's all the info we have and I don't want to assume it's correct (or that the CCJs were correct). In fact, I'm not willing to assume anything.

Will keep chipping away... sigh.

GeorgeUK

If the CCJ has not had payments made to it for 6 years or more, then they would need to reapply to the court for permission to enforce this. As the registry trust does not have any record if this i'm assuming this never happened. Can't find what legislation this falls under, but i'll keep looking.

Have you tried phoning the court to see if they can advise you?

Might also be worth posting on the consumeractiongroup site - they are more clued up on the legal aspects but may take a little longer to get a reply. Just make sure to keep the subject heading relevent. (Charging order on 12yr old CCJ) or something.

littlun

Okay, have just discovered something (which may be good or bad, not sure yet).

After I phoned the sols last week, they sent out the interim charging order. When I queried why they hadn't sent it previously, they said they'd only just received it, but it seemed suspicious to me that they sent it the day after I phoned them!

Anyway, amongst the documentation re the charging order, there's a General Form of Judgment or Order dated 29 July 2008 ordering that "the actions x and x are hereby consolidated", TBI be substituted as claimant and "the substituted claimant be given leave to enforce the judgments already obtained".

The judgments are from 1996 (per TBI's own paperwork, we still have no evidence that they weren't paid at least in part).

That aside, the order says "If you object to the order, you must make an application to have it set aside, etc., within 7 days of receiving it." But we didn't receive it. Until now. (And even if we had, 7 days wouldn't have been enough because TBI have 12 working days to provide the information we need!)

Just as I think it's getting simpler...

RAS

Hi

Please ring NDl, they are still open.

littlun

Thanks, will do. Although they weren't much help last night...

RAS

How did this go?

littlun

Got the CCA letter back from Willmetts and my husband had written to them last year, admitting liability and making a payment offer. So we're screwed, basically.

Now working with CCCS to reinstate payment offer, but looks like the charging order will be going ahead.

Thanks anyway for your help, both of you.