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Best way to handle a nearly expired, unenforced CCJ?

Hi guys, would really appreciate some advice!

I have a unenforced CCJ entered on my credit file from start of 2005 which is soon due to drop off (beginning of next year). As i've been unable to work (ill health) and make a reasonable full/final offer all advice i've received has been to let sleeping dogs lie - the debt was not being chased (I haven't received anything for over 4 years).

Problem is DCA Booker Managment have now out of the blue sent a letter stating I must respond to them within 7 days or they will enforce the judgement obtained. I know there is no statute bar for CCJ backed debts but I understand after it drops off credit file they have to go back to court to enforce. I was hoping to take out a low interest loan with my clean credit file next year, and offer them a few grand full and final settlement after it required court permission to enforce.

At the moment all I can do is ignore this letter or offer them very small payments which is all court would expect anyway as i'm on a low income. Am I better to offer these payments direct and hold off the enforcement action as long as possible or does it not really matter and they will enforce no matter what I say? Thanks in advance for any advice.

Morgans Dad

Comments

  • Morgans_Dad
    Morgans_Dad Posts: 20 Forumite
    Anyone please? I've just got off phone to CCCS to find out a little more and they tell me its odd to have a DCA chasing a debt if the original creditor has obtained judgement... But then again they also said even after 6 years it can still be enforced *WITHOUT* the courts permission - I tried to push the point they need a court order to reactivate the CCJ but she wasn't having any of it and telling me to goto court for forms to offer payment.

    My thought is why should I goto court to offer small payments on a CCJ that hasn't been enforced in 5.5 years that I have only found out about via a third party? Surely this is crazy advice to go and agree to pay nearly £8000 via a few pounds per week that I can afford without defaulting on current credit agreements that i've had upto date for last 2 years.

    How does enforcing a CCJ affect credit file as well? If they enforce now just a couple of months before it drops off will it stay on for another 6 years?? Really not sure whether to offer them some small payments to not enforce and then go for full and final settlement when it drops off... I can just see them going for enforcement with whatever offer i make and saying can we make this official then I won't be able to full and final settle. Most of the amount they CCJ'd me for of course has been fees and charges all applied before judgement. It's only since 2005 the amount seems to have been fixed at several grand above what the original loan was for.

    Anyone had a similar problem?
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