Baliff visit warning from court/Hillsden Sec

jo1972

I've had a Warrant for a baliff visit from my local court for an unpaid debt. This debt is very old, probably over 6 years, well the original debt is but subsequent contact and payments to various DCAs could be over 6 years I'm not sure, can't find any paperwork relating to this account.

The debt is with Hillsden Sec. Would they be able to prove that the debt is not statute barred before applying for the warrant at the court?

Apparently the baliff called yesterday but we wasn't in and the letter from the court says that they will call again. It says to ring the baliff on the letter between 9am - 9.30am on a weekday (very accessible *rolleyes*).

Do I ring the baliff? Do I ring Hillsden? By ringing them am I acknowledging the debt?

Any help would be appreciated.

DarkConvict

If they have sent a bailiff, then the CCJ has already been granted.

If you believe the debt is statute barred, you would need to get the CCJ set aside and enter your defence as the limitations act (6 year statute barred rule), the creditor would then need to provide proof the debt is not statute barred, in that you made a payment or written acknowledge to the debt within the last 6 years.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

If they can prove it is valid, you will need to make arrangements to pay the creditor.

Tixy

Sounds like there must be a CCJ on the debt. In which case the debt cannot be statute barred.

Someone more expert will post some advice on where to go from here but I imagine you need to contact the baliff to arrange a repayment plan. Do not let him come to visit you to set up this arrangement and do not let him tell you him must levy your goods before he can set up a repayment plan. Other than that usual advice - don't let him in and if you own a car transfer ownership to someone else or move it well away from the property.

Tixy

Sorry just seen DCs post - you need to find out the date of the CCJ and then work out if it could have been 6years from the last payment/acknowledgement to the date of the CCJ. It costs a fairly large fee to have a judgement set aside so I would suggest you double check whether it would have been SB before you pay out money.

jo1972

Thank you both for your advice

I can only offer a low monthly instalment, probably about £20 and am happy to do that as I probably had a wonderful time spending the money that I couldn't afford to pay back, back in the day when head was lodged firmly in the sand.

I have no problem dealing with DCAs and setting up arrangements with them, just don't want people knocking at my door, thought I was past all that now

jo1972

The frustrating thing is that I was so 'other peoples' money happy back then that I don't even have any idea who the original debtor is *confused*

Can I ask baliff for a copy of the original CCA to find out who I owed, what I paid previously etc *confused*

sarah_b_2

jo1972 wrote: »

The frustrating thing is that I was so 'other peoples' money happy back then that I don't even have any idea who the original debtor is *confused*

Can I ask baliff for a copy of the original CCA to find out who I owed, what I paid previously etc *confused*

yes, you can ask them to prove the debt is yours and look at your CCA

DarkConvict

You will need to find out who made the CCJ against you, and send them a CCA request, from them you should also find out who the original creditor was and send a SAR (this is to get a statement on payments made on the account). If there is no payment for 6 years at any point, it would be unenforceable under limitations act, from here you can set aside the CCJ with this as your defence.

The problem is that you have a CCJ and bailiffs already in progress. You should write/ring the bailiff, inform them you are unaware of any CCJ. You are getting a copy of the CCJ to find out what it is for as you believe any debts you may have are statute barred and unenforceable so you may be challenging the CCJ.

jo1972

Should I ring the number on the warrant for the baliff or should I seek out the number of the original DCA?

DarkConvict

I don't know, but i would do both, inform the bailiffs you are not aware of the CCJ so are looking into it, as to the DCA get information on the debt statements, CCA etc.