DCA has forgotten about CCJ

davidgmmafan

Hi I wasn't sure where to post this and this seemed to be the best section.

A relative has a debt for which a CCJ was obtained in 2008. They were making payments at this time but the standing order started to be returned for no apparent reason.

The DCA has recently began writing again saying the debt has been assigned to them and the letters refer to court action. They do not refer to the CCJ and use generic terms like the letters before the CCJ was obtained.

To complicate matters the individual now DOES have a reasonable amount of money in their bank account. Following a period of illness they have been virtually housebound two years.

The way I see it their are two options. Send a prove it letter (the DCA may agree it is statute barred even though it is not, their record keeping seems poor, this might lead to them finding the CCJ). Alternatively make an offer in full and final settlement. I guess they could hide the money by putting it into a family members account but this seems dishonest and Im not sure where both parties would stand legally in this case.

If there is somewhere better to post this let me know otherwise I am grateful for any input. I believe the CCJ will stay on the credit file unless satisfied...

PaulW922

A debt due under a CCJ can indeed be assigned to someone else. I would be very careful here as it would be very easy for the new owner of the debt to quickly enforce it via the court given the order to make instalments has not been complied with. I think I would seek to reinstate the payments.

Sending a 'prove it' letter will be of no us if the other party knows about the CCJ - and if they don't they will easily find out if/when they do a debt collection credit search. Once the CCJ is in place no amount of DPA and CCA letters will displace that.

National_Debtline

Hi

The CCJ should no longer show on your relative’s credit file if it was made in 2008. They drop off credit files and also the Register of Judgements, Orders and Fines after 6 years regardless of whether they are paid or not.

This means that the debt collection agency would need some paperwork relating to the original judgement if they wanted to prove the debt isn’t statute barred, or to ask the court for permission to enforce the defaulted CCJ.

If your relative claims the debt is statute barred or sends a prove it letter the risk is whether the debt collection agency finds any old court paperwork if they dig through their records.

James
@natdebtline

davidgmmafan

For the avoidance of doubt it is the same DCA, hence my puzzlement at the recent letter which reads like a first letter, and the fact they are unaware of the CCJ.


My concern was that sending a prove it letter may prompt them to 'find' the details of the CCJ if they look carefully for it.


I was not aware that the CCJ would drop off after six years, I think I've got confused by the statue of limitations. The DCA concerned is Apex if that is of any help.


Very grateful for the replies.


If I've understood what you are saying correctly the CCJ won't show on the credit file anymore but is still enforceable?


The other option in my view is to make a very low offer like 10 pence in the pound. I reckon they'll jump at this...