Drysdenfairfax Solicitors

littlemissfp

Hello - I'm after some help please if possible. I received a call 2 weeks ago from Drysdenfairfax Solicitors saying I have an outstanding debut of £249.49 - This debt is apparently from a catalogue in 1999!

I told them that I know nothing about this and if it is in fact from 1999 then it would be past the statue of limitations. They then go on to say that a CCJ was issued against me in 2006 for this debt as I had apparently been paying it up until 2005 when apparently I suddenly stopped. The guy on the phone said I wrote to them 3 years ago when they sent me a letting in regards to this about it being statue barred and was advised no as there was a CCJ issued this isn't correct, I do remember writing to someone about an old debt and told them basically to prove that there is a CCJ as nothing has ever been on my credit file.

Them calling a couple of weeks ago was the 1st time they have been in touch since I requested proof of tis CCJ.

Today I have received a letter from them
" We refer to your recent telephone call to our office.

Please note we are unable to provide a copy of the judgement order in this matter as we were not the acting solicitors at the time judgement was obtained. You would need to contact the county cour business centre (Number provided) quoting the claim number XXX to request the details of the judgement order as due to the age of the judgement, a copy of the order may no longer be available.

Further we draw your attention to the enclosed letter dated 14th January 2016 in which we responded to your previous query your raised."

It then goes on about how they want to help and blah blah blah.... Now a couple of points to note...
1) I did not call them they called me
2) I didn't write to them in 2016 it was in fact 2014
3) There was no letter in with this just a income and expenditure form
4) In 2003 I moved to Tenerife only moving back to the UK in September 2004

My question is if they can't prove that there is a CCJ what do I do? I don't know what this debt is for and I'm !!!!!!ed if I'm going to pay for something that I know nothing about.... As I say no CCJ's have ever been on my credit file?

Thank you for reading and sorry for world and peace.

sourcrates

Hi,

If the CCJ was granted in 2006, then it will no longer show on your credit file, as it will only show for 6 years.

Now although CCJ's don't become statute barred, the law requires a creditor to enforce the judgement within a period of 6 years.

They would have to go back to court in order to obtain permission to enforce the judgment originally obtained, its likely the court would refuse as normally 6 years is deemed sufficient to enforce it.

Write and remind Drydens of this fact, and that should be the last you hear from them.

Arleen

They don't need to prove that CCJ exists as it doesn't matter. If they want to enforce the court order then the CCJ will be verified there, but it has no other powers (besides showing on the registry).

Though I start to wonder if this is not a scam of some sort. So best get on the horn tomorrow and call country court business center, though not via the number on the letter instead get it from the official website: https://courttribunalfinder.service.gov.uk/courts/county-court-business-centre-ccbc and quote them the claim number. They will be able to provide you will all the details, and you can rely them back here so we can help best.

littlemissfp

Thank you both, I will give them a call.... I am wondering if I will be getting a call in 3 years again as they ignore my correspondence

fatbelly

It doesn't really matter whether this ccj is genuine or not, though out of interest you should check.

On their own story, this cannot be enforced without permission of the courts. I would stick with the prove-it with an added phrase:

I note 'A warrant of execution shall not issue without the permission of the court where six years or more have elapsed since the date of the judgment or order'; CCR Order 26.5(1)