Any Advice - Being chased after CCJ

StuieUK34

Hi all,


Any advice or thoughts would be appreciated on this if you can...

Short Story:
Had a £100 limit store card (Topman/Burtons).
Had Outstanding balance of £70-£80 in December 2010.
Became an idiot, and didn't pay off balance, forgot about the card and moved house 4th January 2011.


What Happened:
I found out in late 2015 that I had a 'DEFAULT' placed against me for £266, the 'Default' hit my credit status in October 2011.
Also, a 'CCJ' was placed against me for £353 in November 2011. (same debt)


I hadn't had credit since 2010 due to being a fool, so hadn't checked my credit status until 2015, as I found I couldn't get a status to work in government contract IT jobs because of having a CCJ.


I spoke to the CCJ court, and paid a fee to get some info on the CCJ.
Turns out, the store card was a debt, and then with fee's became a bigger debt, then it was Defaulted to the tune of £266 (£186/£196 in there fee's) in October 2011.
In November 2011, the handling solicitors or debt firm got the CCJ for the value of £353.


Time has gone on, so in about 6 weeks, the DEFAULT will be gone from my credit status, and in 9 weeks, the CCJ will also disappear due to the 6 year rule.


So............
The Default shows it was done by a firm called "Arrow Global" who appear to be a Debt Purchasing firm.....
The firm chasing me as of last week is: Dryden Solicitors


The letter they sent states that as I owe a debt, and a CCJ was granted, they want some money.


Am guessing because the Statue Barred is close, it would make sense to chase monies ?
On the letter from this Drydenfairfax solicitors, it states that If I don't pay up, they will either:

Obtain a warrant to grant a 'Charging Order against property'
Obtain a court record so they can take the monies from my Wages.
Obtain a notice to send ballifs to my property to collect goods.


Wasn't aware you could enforce such things on 'unsecured' lending ? Having the CCJ against me is bad enough


I think I am wrong with this, but if I talk to this Dryden firm, or write to them, any kind of correspodance automatically renews the 6 year rule on the debt, meaning they can legally chase the debt for another 6 years ??????

I read once that rule of thumb on debt recovery is 10% of the owed amount is what most debt firms manage to recover from those not wanting to pay ?


In a matter of weeks, the debt will be statue barred anyway, but the scare tactic of baliffs / attachment of earnings does have a scare.....


Being honest, I don't want to pay anything, as it would take longer to see the 'CCJ settled' than it would to have it auto disappear in 8 weeks or so anyway...
If I have to pay something, I don't want to pay more than £100.
Does the law state that you can get an attachment of earnings from a CCJ which was obtained against an 'unsecured' store card ? (store card is from like 1994 !)


Thoughts ? advise even ?

sourcrates

Hi,

Sorry to burst your bubble here, but once court action has been taken, and a County Court Judgement granted, the limitations act no longer applies to that debt.

So it will never become statute barred.

Dosent matter what you say to Dryden's it wont effect anything.

However, although CCJ`s dont become statute barred, the creditor, in this case Arrow, have six years from the date of judgement to enforce the judgement, if they fail to do so, they must go back to court and obtain permission from a judge.

If the date of the CCJ was November 2011, they still have 3 months in which to enforce it.

Guest101

StuieUK34 wrote: »

Hi all,


Any advice or thoughts would be appreciated on this if you can...

Short Story:
Had a £100 limit store card (Topman/Burtons).
Had Outstanding balance of £70-£80 in December 2010.
Became an idiot, and didn't pay off balance, forgot about the card and moved house 4th January 2011.


What Happened:
I found out in late 2015 that I had a 'DEFAULT' placed against me for £266, the 'Default' hit my credit status in October 2011.
Also, a 'CCJ' was placed against me for £353 in November 2011. (same debt)


I hadn't had credit since 2010 due to being a fool, so hadn't checked my credit status until 2015, as I found I couldn't get a status to work in government contract IT jobs because of having a CCJ.


I spoke to the CCJ court, and paid a fee to get some info on the CCJ.
Turns out, the store card was a debt, and then with fee's became a bigger debt, then it was Defaulted to the tune of £266 (£186/£196 in there fee's) in October 2011.
In November 2011, the handling solicitors or debt firm got the CCJ for the value of £353.


Time has gone on, so in about 6 weeks, the DEFAULT will be gone from my credit status, and in 9 weeks, the CCJ will also disappear due to the 6 year rule.


So............
The Default shows it was done by a firm called "Arrow Global" who appear to be a Debt Purchasing firm.....
The firm chasing me as of last week is: Dryden Solicitors


The letter they sent states that as I owe a debt, and a CCJ was granted, they want some money.


Am guessing because the Statue Barred is close, it would make sense to chase monies ?
On the letter from this Drydenfairfax solicitors, it states that If I don't pay up, they will either:

Obtain a warrant to grant a 'Charging Order against property'
Obtain a court record so they can take the monies from my Wages.
Obtain a notice to send ballifs to my property to collect goods.


Wasn't aware you could enforce such things on 'unsecured' lending ? Having the CCJ against me is bad enough - Yes they can (not the sheriffs, as that's £500 minimum)


I think I am wrong with this, but if I talk to this Dryden firm, or write to them, any kind of correspodance automatically renews the 6 year rule on the debt, meaning they can legally chase the debt for another 6 years ?????? - You have a CCJ, which has no limitation.

I read once that rule of thumb on debt recovery is 10% of the owed amount is what most debt firms manage to recover from those not wanting to pay ? - I don't think that's true, but who knows


In a matter of weeks, the debt will be statue barred anyway, but the scare tactic of baliffs / attachment of earnings does have a scare..... - no it wont be


Being honest, I don't want to pay anything, as it would take longer to see the 'CCJ settled' than it would to have it auto disappear in 8 weeks or so anyway...
If I have to pay something, I don't want to pay more than £100.
Does the law state that you can get an attachment of earnings from a CCJ which was obtained against an 'unsecured' store card ? (store card is from like 1994 !) - Yes, they can


Thoughts ? advise even ?

The simple fact is, if you don't pay it, they will instruct bailiffs and your fees will go up again

National_Debtline

Hi there,


Sourcrates is right about the limitations act and because the court action has been taken it can't be statute barred, but they will need special permission to enforce if the CCJ is more than 6 years old (which it is not at present).


You can vary the CCJ to pay instalments that you can afford to prevent enforcement. Enforcement action can be taken against a CCJ even if it was for unsecured credit originally. Enforcement could include bailiffs and I am not aware of any rule in England or Wales, that states you must owe £500 + to use bailiffs through the county court.


An alternative option is that you could clear it in full so it is marked as satisfied - even if that is only for a short while. Or you can try and approach the creditor with a full and final offer, but this is less common once a CCJ has been obtained as they have no incentive to agree to a discount with you (irrespective of what they may have paid for the debt). Good luck,


Laura
@natdebtline

sourcrates

National_Debtline wrote: »

I am not aware of any rule in England or Wales, that states you must owe £500 + to use bailiffs through the county court.

Laura
@natdebtline

Think he was referring to the use of HCEO`s where the minimum debt is actually £600.

StuieUK34

Cheers for the info, it all helps....

Ok, understood that Court appointed balifs wont come knocking on the door due to value of the claim.


As for Statue barred, I think its my mis-wording here, or mis-understanding.
6 year rule on Defaults mean the entry disappears from my credit status after 6 years and is S barred, so they cant legally enforce anything on me.......


CCJ means it stays on credit report forever ??????
and a debtor can chase that claim Legally forever until they get it ? using the courts ? re-phrased.... If the claimant doesn't obtain the monies within 6 years, he can go back to the court and ask for another judgement ? say in year 7 ?? (just trying to understand it better).


Last thing:
For solicitors to obtain an Attachment of Earnings order....
Am assuming that's a process that will cost 'arrow global' a fee to seek that request, and am guessing cos I have a CCJ , a judge would just grant the Order regardless ?


I'm trying to obtain as much info as I can to understand the whole process a bit better....

Guest101

sourcrates wrote: »

Think he was referring to the use of HCEO`s where the minimum debt is actually £600.

Thank you, I didn't realise it had changed, it used to be £500.

sourcrates

StuieUK34 wrote: »

Cheers for the info, it all helps....

Ok, understood that Court appointed balifs wont come knocking on the door due to value of the claim.


As for Statue barred, I think its my mis-wording here, or mis-understanding.
6 year rule on Defaults mean the entry disappears from my credit status after 6 years and is S barred, so they cant legally enforce anything on me.......


CCJ means it stays on credit report forever ??????
and a debtor can chase that claim Legally forever until they get it ? using the courts ? re-phrased.... If the claimant doesn't obtain the monies within 6 years, he can go back to the court and ask for another judgement ? say in year 7 ?? (just trying to understand it better).


Last thing:
For solicitors to obtain an Attachment of Earnings order....
Am assuming that's a process that will cost 'arrow global' a fee to seek that request, and am guessing cos I have a CCJ , a judge would just grant the Order regardless ?


I'm trying to obtain as much info as I can to understand the whole process a bit better....

You are getting wound up in knots here.

County court bailiffs can be used to enforce the debt, high court enforcement agents cant.

Defaults, and statute barred, are two very separate and different things, one has no bearing on the other.

A default registered on your credit file for an unpaid debt will stay there for 6 years then fall off your file for good.

A default has nothing whatsoever to do with a debts statute barred status.

For a debt to become statute barred, you must not of made payment or acknowledged it in writing for a period of 6 years, the only exception to this is if court action has been taken and a CCJ obtained, as in your case, the limitations act then no longer applies, and the debt will never become statute barred.

The CCJ itself never becomes statute barred either, it will stay on your file for 6 years, then drop off, but it will still be active and enforceable through the courts, however, after 6 years, in order to enforce it, they must go back to court in order to do so, to seek permission of a judge, that judge may decide they have had long enough to enforce it, and throw the case out, on the other hand they may decide you have been evading enforcement action, and allow the action to go ahead.

You are correct about the earnings order.

StuieUK34

Thank you for the advice and info, all helps.