old ccj

owenmonicapeter

My ex partner and I took out finance for a kitchen in 1999, him being the 1st applicant, me being the second. Finance was also given for PPI at the same time.
We split up a few months later and I left the property.


In 2009, I began receiving letters addressed to me at my current address but saying Dear Mr xxxx. Stating that they would apply to the court for a CCJ etc so I sent a letter stating the debt was statute barred as it was over 6 years old and I did a SAR.


This showed that actually a judgment was obtained in our absence in June 2000, the only payment made after that was for £15 in 2005, I presume by my ex.


All I have received since 2009 is a yearly 'statement of account' in 2013 and 2014 that just shows the balance. (Amount of judgment plus the interest that would have been charged over the length of the agreement)


I have been advised that they would need to apply to the court again to enforce the judgment, but is that after 6 years from the date of judgement or 6 years after the last payment?


Would me sending the statute barred letter/SAR have reset the clock so to speak? (I only sent the letters as I wasn't even aware a CCJ had been issued and their letters stated that it was still something they were considering)


Is there anything I can do regards the PPI? should I just ignore it, let them chase my ex (who apparently knew about this) and who earns more than me.
I am already paying off a large debt from when we split!!


Any advice greatly appreciated

Sazzie23

owenmonicapeter wrote: »

Would me sending the statute barred letter/SAR have reset the clock so to speak? (I only sent the letters as I wasn't even aware a CCJ had been issued and their letters stated that it was still something they were considering)


Is there anything I can do regards the PPI? should I just ignore it, let them chase my ex (who apparently knew about this) and who earns more than me.
I am already paying off a large debt from when we split!!


Any advice greatly appreciated

Hi OMP

Interesting question & I'm not sure, since it was already 9 years post judgement. Seems odd that ex made such a small payment in 2005, I'm not sure what effect that would have had on statue barred, maybe the clock was already reset by that payment?

Hoping someone else will come along soon with better knowledge & advice for you.

owenmonicapeter

I think that CCJs don't become statue barred, but enforcement has to be within 6 years otherwise they have to go back to court and give good reason why they haven't done it sooner.

LondonGal

owenmonicapeter wrote: »

I think that CCJs don't become statue barred, but enforcement has to be within 6 years otherwise they have to go back to court and give good reason why they haven't done it sooner.

That's correct and it needs to be a good reason. The clock may have been reset by that one payment, but I'd be highly suspicious of that as companies have a habit of making small payments to debts (or even imaginary ones) to stop them becoming SB.

If you're able to talk to your ex still, ask her.

owenmonicapeter

All i can find online is that enforcement has to be within 6 years from the date of judgement not from date of last payment.
Last payment was over 6 years ago anyway now.

Would the cca/sar/statute barred letter restart any clocks?

National_Debtline

LondonGal wrote: »

That's correct and it needs to be a good reason. The clock may have been reset by that one payment, but I'd be highly suspicious of that as companies have a habit of making small payments to debts (or even imaginary ones) to stop them becoming SB.

That is fair comment LondonGal. Anecdotally speaking, I have come across numerous examples over the years of creditors responding to requests for information with claims of small one-off payments made at conveniently spaced intervals. Quite besides the question of why a debtor would randomly pay a single amount of £15 halfway though, say, a 10-year period, there never seems to be any detail about the method of payment.

In this context, it may not actually matter as the judgment is enforceable indefinitely in theory - but as others have said, the court's approval is needed after 6 years.

The wording of the letter referred to by OP suggests the creditor is not even aware it has a valid judgment - again, this is not uncommon, and the letter is likely to be a standard template.

Regards

Dennis
@natdebtline

National_Debtline

owenmonicapeter wrote: »

Would the cca/sar/statute barred letter restart any clocks?

Hi OP

If judgment has already been obtained - as appears to be the case - then there is no clock to be restarted. As you are already aware, the creditor can apply to the court for permission to enforce the judgment. Whether they will is another matter.

This might be a case where you are best advised to sit tight for now. I think the onus is on the creditor to act.

Regards

Dennis
@natdebtline

owenmonicapeter

Thankyou.

The creditors were unaware that a judgement was obtained until I had requested the SAR given the wording of their letters.

If it went back to court, would it be both of us the judge would say is liable? Or just any one of us?

National_Debtline

Hello there,

It is likely that the person(s) who has the judgment against them would be liable at this point. That said, and as the others have mentioned, the creditor would need a very good reason to try and convince the court to allow enforcement after all of these years. The general principle is that six years for enforcement is long enough.

Best wishes,

David @natdebtline

owenmonicapeter

I have found these three discussions on other forums.


http://www.legalbeagles.info/forums/showthread.php?27290-HELP-16-year-old-CCJ-New-claimant-has-applied-for-charging-order no idea of the outcome on this one!


http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=7&t=17831&start=0 this states that if the claimant tried to enforce the ccj within the 6 years then a judge would have no problem in enforcing it at any time afterwards!
From the transcripts I have, they initially tried enforcing it with my ex from 2000-2003 on a couple of occasions, then in 2003, it said they would try and pursue me.
Then nothing recorded until 2006, where they were apparently trying to trace us both again (despite knowing our addresses in 2003).
Debt was sold in 2005 to asset link, who found me in 2008, wrote to me in 2009 and just annual statements since.


http://www.consumeractiongroup.co.uk/forum/showthread.php?398807-CCJ-aged-over-6-years and this one, one of the posters had his enforced, but he had been paying it for 10 years and the DCA wanted a redetermination of payments if I am reading it correctly


I am obsessively googling this as it seems there are previous cases where a judge has enforced old judgments. Really frightening me now! not good for my anxiety and mental health at all.

Sazzie23

Hi OMP

Yes it's not looking like an easy situation to sort out. Maybe consult with national debtline or SC to see if they have any advice. Looks like the CCJ is enforceable if they go back to court?