Moorecroft

National_Debtline

Hi MrsNMD,

As fermi says, court involvement generally means a CCJ, unless they made a court claim but didn’t proceed. I agree that it’s worth calling us or another free advice charity to discuss in more detail.

If a CCJ was granted the debt can’t technically be statute barred if the CCJ was obtained within 6 years of the original default/last payment or written acknowledgement. The CCJ doesn’t cease to exist just because it’s dropped off the credit reference files and probably off the court records too.

Having said that, if there is an old CCJ there is a possibility it could slip under the radar if it hasn’t been enforced in 9 years. As debts get sold on to new companies over the years there is an increased chance the relevant paperwork may get lost or not handed over.

At this point you can still go down the route of claiming the debt is statute barred as the onus is on the creditor to prove that it isn’t, or cease collection activity. If you inform Moorcroft the debt is statute barred it wouldn’t comply with FCA regulations if they continue to try to collect without proving it isn’t. Essentially Moorcroft would need to show evidence of a CCJ, such as the court paperwork relating to the case.

Even if they could show evidence of a CCJ they would then need leave of the court to enforce it, and as explained in the quote from my colleague in fermi’s post, this is very unusual.

James
@natdebtline

MrsNMD

As stated above it wasn't a CCJ

Quentin

MrsNMD wrote: »

As stated above it wasn't a CCJ

In your OP you say you got a CCJ originally and came to an arrangement.


If you were ordered by the court to pay the amount owed and it was agreed they would accept it on the drip, then you would get a CCJ registered (even though you had agreed to pay off what you owed over time)

National_Debtline

You can send Moorcroft a statute barred letter. They'll need to prove it isn't statute barred or leave you alone.

James
@natdebtline

MrsNMD

Thanks James and from what I have read on here they are chancers that buy old debts for a pittance and scare people into paying, I guess if you didn't know the law about statute barred you might pay so by sending out letters some people must respond and pay, so for a £1000 debt (might have been £800 it was so long ago) they scare someone and get £4400 in total, I can see why they do it as they only pay about 2p in the pound for the debt and first I will send them a letter asking to prove the debt and then this letter, going to drag it out to see of they can be bothered, my guesses are probably not.

cruddybones

13 years ago we got a ccj for an unpaid loan to direct line (rbs) and we got a judgement saying we needed to pay X pounds per month.


I have made the same payment every month via standing order without fail. The ccj dropped off my records years ago and we have an excellent credit report etc these days and have obtained (and paid!) other loans no problem.....


Two weeks ago we received a fishing letter from Moorcroft which I ignored. Today though we got the second later referencing the debt above and saying they are going to take further action in 7 days if we don't get in touch.


Now I am unsure what to do. I owe the money but have been paying what the court stated without fail since the judgement. I have never received any sort of communication from anyone since the agreement and have just continued to pay.


So what do I do now? I accept the original debt this is not in question but ive been paying what I was told to pay so how can someone now come looking for a settlement this far down the line?

sourcrates

cruddybones wrote: »

13 years ago we got a ccj for an unpaid loan to direct line (rbs) and we got a judgement saying we needed to pay X pounds per month.


I have made the same payment every month via standing order without fail. The ccj dropped off my records years ago and we have an excellent credit report etc these days and have obtained (and paid!) other loans no problem.....


Two weeks ago we received a fishing letter from Moorcroft which I ignored. Today though we got the second later referencing the debt above and saying they are going to take further action in 7 days if we don't get in touch.


Now I am unsure what to do. I owe the money but have been paying what the court stated without fail since the judgement. I have never received any sort of communication from anyone since the agreement and have just continued to pay.


So what do I do now? I accept the original debt this is not in question but ive been paying what I was told to pay so how can someone now come looking for a settlement this far down the line?

Hi,
Your better off starting your own thread really, to avoid confusion, but in a nutshell, you simply write to the DCA stating what you have told us above, that you are re-paying the debt on a monthly basis, as ordered by the court.

It could be the original creditor has sold the debt on, and not informed them of the CCJ in force.
Moorcroft will either refer back to the OC or you may have to start paying them, if they have bought it.

To find out, do as i have advised.