Help please

AMBERSHADOW

I had a court order that was over 6 years old its now been taken off my record at the credit agency


can anyone tell me as I never paid a penny and I know I should have done is it statue barred?

Tixy

No a CCJ never becomes statute barred.

The creditor can continue to chase you for the money owed.

If the creditor wanted to enforce the debt after 6years (i.e. instruct bailiffs, try to obtain an attachment of earnings etc) then they would have to go back to court to be able to do so - and courts often won't agree to a creditor commencing enforcement action after more than 6years.

AMBERSHADOW

Thank you for that reply...


It is over 6 years well over to be precise what worries me is the way I have been hassled Someone called early last year calling me a name which was similar to my own, handed me a envelope which when looking the name was not mine, he refused to take the envelope back so I binned it as It wasn't mine................


Roughly 6 months after that another man came with same envelope and said it was court papers which I told him that I had been given an envelope previously but it wasn't mine to open so I binned it as I didn't know where to return too.. I told him to leave the envelope and I would return to the court which was local to me for them to sort he refused.. He said the previous person had served papers which yes he did but they wern't mine by name so I couldn't agree with him.. and explained what had happened that the man said the name was nearly the same so it must have been me.. and left them with me I tried to return to him but he ran away and locked himself in his car and drove off.


He THEN proceeded to ask my neighbours who I was in which they verified who I was and it wasn't who was on the envelope but they continued to hassle me.. in the end I thought they had given up till today when someone knocked again from the same company asking for the same person, I don't know really what to do..


I have a card left today with a Christian name on but its not mine, they returned again at 8.30 pm two men Im not sure this is right

ViolaLass

If you don't know where to return the envelope and you're just going to bin it, you might as well open it to learn more.

[Deleted User]

Stick a label over the address window, write "RTS. NOT AT THIS ADDRESS." on it, then pop it in the nearest Pillar Box.

AMBERSHADOW

ViolaLass wrote: »

If you don't know where to return the envelope and you're just going to bin it, you might as well open it to learn more.

Isn't it against the law to open other's mail?

[Deleted User]

AMBERSHADOW wrote: »

Isn't it against the law to open other's mail?

Not unless you do it for fraudulent purposes.

ViolaLass

AMBERSHADOW wrote: »

Isn't it against the law to open other's mail?

"A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.""

I would argue that the OP has a reasonable excuse and is not seeking to act to anyone's detriment. If they're otherwise going to bin the envelope then it's much of a muchness anyway, but it might allow them to find out what's going on.

AMBERSHADOW

ViolaLass wrote: »

"A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.""

I would argue that the OP has a reasonable excuse and is not seeking to act to anyone's detriment. If they're otherwise going to bin the envelope then it's much of a muchness anyway, but it might allow them to find out what's going on.

yes I see what you mean, But as the second guy told me they were court papers and If returned to the court wouldn't it look a bit suspect me opening the letter then returning them?


The first letter delivered I didn't know were court papers I just binned the letter.. it was only when the second man returned from the same company that told me court papers had been served by his collegue in which I stated they weren't atchally served as I wasn't the person named on the letter and that he had said the name was similar so they must be mine.


I have to say after that this person went to my neighbours to ask who I was.. I was absolutely disgusted to say the least as I had already shown him my passport AND MY BIRTH certificate to say who I was and my correct name stated on both


I am now ready for another visit next week I presume..

AMBERSHADOW

Anyone have an address for APS as I have nothing only a card left with a Christian name on who they are looking for which is NOT mine

ViolaLass

AMBERSHADOW wrote: »

yes I see what you mean, But as the second guy told me they were court papers and If returned to the court wouldn't it look a bit suspect me opening the letter then returning them?

I don't know about suspect (I don't think that's an issue though). All I'm saying is that were it me, I would have opened the letter (particularly since the guy insisted it was mine) and in opening it, you would not be committing a crime.

"Dear Court, I was told that these papers were for me even though the name doesn't match mine. I opened them to work out what was going on. It is/isn't me so I've returned the papers/come to sort it out." Seems reasonable to me.