How to satisfy a CCJ when the debt agency has been dissolved?

Millettini

Hi all.

Thanks in advance for taking the time to read and hopefully post advice. It's a long one but I want to get all the info down.

As per the subject of the thread I have an unsatisfied CCJ on my record from 2011 but upon further investigation the company that filed the CCJ has since been dissolved.

A little background first to help you out and tell you where I have gotten with my own investigations.

Mid 90s I acquired a credit card which I proceeded to rinse without much thought toward the consequences. When I was unable to pay the debt off the bank would then offer me a loan to pay the card off and advise me to take a few more grand for myself then offer me another credit card. The pattern would repeat itself until the early 2000s when I had run up around 35k of loans, overdrafts and credit cards to several different lenders.

At this point and on a pretty rubbish wage in a moment of panic I decided to do what any responsible grown up would do and hid! Not something I would recommend of course. I changed address. Changed my phone number. Came off the electoral roll. Left my only bank account I had at the time with no credit on it apart from an overdraft at the old address and lived just on my wages and have done for over 10 years now. There was no contact with any agency or lender from around 2004.

Last year with my financial circumstances a lot better I decided to man up and face up to what I had done in the past and registered my current address on the electoral role expecting to be bombarded with letters from debt collectors but nothing. I then walked into a high street bank to open a new current account expecting to either get turned down or at the very least approved but with no overdraft but no I got the account with an overdraft and told by the bank manager I had a good credit rating. So with this I decided to do the ultimate and check my credit file. Unbelievably there was nothing bad on there apart from one blip which I will come to shortly. My credit history showed my two accounts one of which was open since 2004 with no defaults and also my new account.

The blip was in the shape of a CCJ issued in April 2011 for £337 at Southend County Court. I rang the court today and they informed me that the judgement was made by a company called Phoenix Recoveries (UK) Limited. The guy I spoke to at the court said it was regarding a 12k debt (which I think I know who that was with) and none payments. I have no complaints about the CCJ as it was for a debt that I owed so I would like to satisfy the CCJ so I googled Phoenix Recoveries (UK) Limited but found nothing apart from a few posts on here and other forums saying how they are not particularly nice people. Anyway surely I could call them up and pay the whole £337 off in one chunk and get the CCJ to show as at least satisfied. Eventually I looked at Companies House and it says the company was dissolved in 2010. So all of the above leads me to my questions:

1. How do I satisfy this debt if there is no company to pay it to? There is no record of administrators on Companies House.
2. How can a company that was dissolved in 2010 then file a judgment against me in 2011 as it didn't exist by then.
3. Why is this debt only for £337 and not the full 12k?
4. What happens if I do find some way of contacting them and satisfy the debt? Does this then bring back up the 12k and they start chasing me for that?
5. Has anyone heard of Phoenix Recoveries (UK) Limited or had dealings with them? I read that they may trade from Luxembourg now?
6. Is there a legal loophole here that I could get it set aside seeing that the CCJ was after the company was dissolved? I very much doubt that but I have to ask...

So finally that is the end of this rambling thread and I would like to thank you very much for taking the time to read and any help or advice would be greatly appreciated!

Thanks!

Teqpro

For the price of £12,000 i would wait till May 2017 for the CCJ to fall off your credit file and put a notice of correction on file explaining the company has dissolved. In the meantime pay your bills onetime and by then your rating will be perfect.

Marktheshark

Did you get the CCJ claim forms at the time ?
If not you could go for a set aside and the other side wont respond as they dont exists.

Millettini

Thanks both for your replies.

Teqpro - Waiting until 2017 is an option I am considering but I am in the fortunate position of being able to afford a mortgage presently and a mortgage adviser has recommended to get the CCJ satisfied as it looks much better on the application. Also would satisfying the £337 bring the 12k back onto my record as there is no mention of it on there? The person I spoke to at the court told me it was related to the 12k. I guess what I am asking is is the CCJ just for the £337 and once satisfied that's it or is it like opening a can of worms?

Marktheshark - Again that has crossed my mind. I did do some reading into setting aside a CCJ and whilst I didn't receive the CCJ claims form as I had moved out of the address that the CCJ states and not provided a forwarding address I think I would have to provide proof that I had made the recovery agency aware of my change of address which I did not.

Thanks.

Marktheshark

They generally take the set aside fee these days and hold a set side hearing.
If the CCJ papers went to the wrong address .
The other side gets a directions question to fill in why they object to the set aside hearing.
If they dont reply, it is taken they do not object to the CCJ been set aside.

Millettini

Interesting. I might investigate further that route. Thanks Mark.

I contacted the court again and asked for any more details they had of Phoenix but they didn't have anything else apart from half an address although they were able to give me the details of the solicitors that represented them at the hearing, ELS & Cole. I'm thinking of contacting them to see if they have any details but again worried about stirring up the hornets nest...

PaulW922

On the assumption the loan was not secured, and if your last payment or admission of the debt was over six years ago you could probably ask for the CCJ to be set aside, and assuming the creditor has not assigned the rights to someone else, you could rely on the Limitation Act to prevent a new CCJ being obtained. You could as suggested above, apply for a set aside on the basis that you were not notified of the initial application.

The court should be able to supply the particulars of the claim - it was only in 2011 so the details should still be available. If the claim was for £337 then aside from interest and enforcement costs, the only way you can be asked to pay more is for a new claim to be filed by the creditor.

rizla_king

PaulW922 wrote: »

On the assumption the loan was not secured, and if your last payment or admission of the debt was over six years ago you could probably ask for the CCJ to be set aside, and assuming the creditor has not assigned the rights to someone else, you could rely on the Limitation Act to prevent a new CCJ being obtained.

wont work. the set aside just returns it to the claim stage but it is still 'in action' as a result of the original claim which is still active. in other words the claim that beat the act deadline in 2011 is still alive and running, but just moved back a stage, so cant be statute barred.

littlemonkeywolf

Technically if you were to apply to the court for a certificate of satisfaction which costs 15 pounds then the court would write to the claimant they hold on the system. If the claimant doesnt respond after 1 month the judgment will be updated to paid from the date you applied for the certificate updating your credit report. Should the claimant actually reply then you would loose your 15 pound but at least you would know who is after your money.. something to consider...

PaulW922

rizla_king wrote: »

wont work. the set aside just returns it to the claim stage but it is still 'in action' as a result of the original claim which is still active. in other words the claim that beat the act deadline in 2011 is still alive and running, but just moved back a stage, so cant be statute barred.

Fair enough - but presumably the action would be struck out if the claimant did not come forward to re-institute the claim? I presume the six years would then run from the initial court claim date..?

rizla_king

Depends on whether any conditions are set by the court on the set aside. If not think it would be stayed not struck out unless you specifically applied for that to happen.