Paying Debt Collection Agency for 6 years

Sad1

6 years ago I got into financial difficultly and after turning to
Pay plan, Black Horse refused to cooperate and took me to court resulting in a CCJ for £18k.
Black Horse then sold the debt to DLC who I have paid £100 a month to ever since.
6 years on the CCJ went historic this month

Problem
1. DLC have started chasing me (5 calls a day) to up my payment as £100 is no longer enough or provide a settlement figure (I have no lump sum to offer)
2. DLC have said I still owe £13377 which feels high, how do I check?
3. Black Horse still have a default on my credit profile for the full amount, is this right?

I have read a lot on the internet about debts being unenforceable after 6 years, does this apply to me? (Seems to good to be true, but had to ask)
If not then what is the best way to deal with the debt company?

Thank you to anyone who is able to offer advice

sad1

[Deleted User]

Sad1 wrote: »

I have read a lot on the internet about debts being unenforceable after 6 years, does this apply to me?

Unfortunately no.

A debt only becomes "Statute Barred" if, for a period of 6 years (5 in Scotland), you have neither made a payment, nor contacted the creditor.

As to £13377 being high, my calculations put it at £10,800.

6 years @ £100 pm, is £7,200.

£18,000, minus £7,200, is £10,800.

Sad1

Thank you bedsit bob.

Lensman_2

CCJs are establish the debt in law and the Limitations Act does not apply to them.

However, if DLC are not the company that took you to court (they aren't) and they have not applied to have the CCJ transferred to them (you should have been notified) then they are not legally entitled to collect.

If (as you say) 6 years have passed since the CCJ was issued then even Black Horse would struggle to get any enforcement approved for this.

Personally, I would see any threats from DLC as being entirely hollow. They cannot take you back to court and they cannot further trash your credit file.

If you want to carry on paying, set up a standing order and ignore their threats.

fatbelly

DLC appear to have been charging 'interest after judgement'. You should ask them for a statement of account to check this.

This is a complex area but National Debtline say (pre-Oct 2008 judgements):

If interest is still being added, it may mean that when you have paid the original balance owed on the judgment, you will find that you have an extra amount that the creditor says you owe, even though the judgment has been paid in full. To force you to pay this, the creditor would have to take you to court again. They may not be able to do this. Phone us for advice.

Factsheet | Interest charges on a Consumer Credit Judgment


It might be worth phoning National Debtline.

Sad1

Lensman wrote: »

CCJs are establish the debt in law and the Limitations Act does not apply to them.

However, if DLC are not the company that took you to court (they aren't) and they have not applied to have the CCJ transferred to them (you should have been notified) then they are not legally entitled to collect.

If (as you say) 6 years have passed since the CCJ was issued then even Black Horse would struggle to get any enforcement approved for this.

Personally, I would see any threats from DLC as being entirely hollow. They cannot take you back to court and they cannot further trash your credit file.

If you want to carry on paying, set up a standing order and ignore their threats.

Lensman if as you suggest, DLC are not entitled to collect and they cannot effect my credit report.

What should I expect to happen if I stop payments?

Sad1

fatbelly wrote: »

DLC appear to have been charging 'interest after judgement'. You should ask them for a statement of account to check this.

This is a complex area but National Debtline say (pre-Oct 2008 judgements):

It might be worth phoning National Debtline.

Thank you Fatbelly, the figure they are requesting doesn't add up.
I will challenge it.

chanz4

Sad1 wrote: »

6 years ago I got into financial difficultly and after turning to
Pay plan, Black Horse refused to cooperate and took me to court resulting in a CCJ for £18k.
Black Horse then sold the debt to DLC who I have paid £100 a month to ever since.
6 years on the CCJ went historic this month

Problem
1. DLC have started chasing me (5 calls a day) to up my payment as £100 is no longer enough or provide a settlement figure (I have no lump sum to offer)
2. DLC have said I still owe £13377 which feels high, how do I check?
3. Black Horse still have a default on my credit profile for the full amount, is this right?

I have read a lot on the internet about debts being unenforceable after 6 years, does this apply to me? (Seems to good to be true, but had to ask)
If not then what is the best way to deal with the debt company?

Thank you to anyone who is able to offer advice

sad1

They can still go back to court, the op stated he has paid them £100 a month ever since.

fermi

Sad1 wrote: »

Thank you Fatbelly, the figure they are requesting doesn't add up.
I will challenge it.

Do that. Debt collectors frequently take the pee regarding post judgment interest and charges, relying on the fact that most people don't know what is allowed or any better.