They wont give up HELP PLEASE!!

skelly31

Hi all, just received a letter from some solicitors acting for a debt collecting agency chasing me for £1400 from 2001. there was a judgement on the debt back then but it has never been actioned. This firm have just gone to my local court to have the judgement ammended to there claiment name. They have sent a couple of letters in recent weeks, 1 offering a payment plan of £10 per week the next indicating that they will apply to the court to inforce the judgement for oral examination or a baillif. Considering How old the judgement is where do i stand. I am recentlty back in the green with Credit referencing agencies and dont want this to effect my score. Any advice welcome. Are they PHISHING????

Tixy

What was the date of the original CCJ?

What paperwork have you seen relating to the recent court amendment?

sourcrates

Hi,
Judgement issued in 2001 ?

A CCJ does not become statute barred, however, the claiment is expected to exercise there rights within a reasonable time frame, normally six years.
In order to enforce this, they would need to go back to court with a phenomenally good reason why they haven't already done so.

It's unlikely the judge would agree to this, but not impossible, I'd let them go back to court first and see what happens.

National_Debtline

If the CCJ was obtained around 2001 then it will no longer show on your credit file and it cannot be re-registered. A CCJ is on your credit file for 6 years from the date of judgement only. Sourcrates is right, the creditor would now need permission from the court to enforce the CCJ if it hasn't been enforced within 6 years of obtaining the judgement. If the court grants them this right then the debt will, realistically, have to be paid or there will be a risk of action, such as bailiffs.


However, if the court denies them the right to use court enforcement then there isn't much more they can do.


Laura
@natdebtline

skelly31

Tixy i have not got the exact date to hand but it was 2001, and i have a photocopied peice of paper form tghe local court jus stating that the claimants name has been amended from old DCA to new DCA

skelly31

And why go to such lengths to do this if they dont think there on to a winner or are they trying to force my hand CONFUSED!!!

Meatloaf1981

You will find that there are many, many firms out there willing to chance their arm, hoping that their victims will simply pay up rather than contest it. Thank goodness you've had the presence of mind to query it here!

sourcrates

Ok,
If/when, they write to you again, write back stating what I have said in my previous post, put the ball in there court, and see what happens.

It could be they get a sympathetic judge who will allow them to enforce the judgement, but I think it's unlikely.