old debt haunting me

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  • fatbelly
    fatbelly Posts: 20,571 Forumite
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    Yes, this is looking like complete nonsense now. Without a court reference they can't even start to consider enforcing this. And they can't threaten a court judgement because they say there already is one!

    The easiest way forward is just to put anything they send in a file and leave it there. You could try a complaint to their professional body (CSA) but they are useless too.

    I have sometimes written a polite letter explaining that my client has higher priority debts than theirs and so will not be in a position to make payments in the foreseeable future. But in this case they haven't actually acknowledged that the debt is unenforceable - just that they will not be enforcing it at the moment.

    See what sourcrates thinks - just ignore them?
  • sourcrates
    sourcrates Posts: 28,917 Ambassador
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    fatbelly wrote: »
    Yes, this is looking like complete nonsense now. Without a court reference they can't even start to consider enforcing this. And they can't threaten a court judgement because they say there already is one!

    The easiest way forward is just to put anything they send in a file and leave it there. You could try a complaint to their professional body (CSA) but they are useless too.

    I have sometimes written a polite letter explaining that my client has higher priority debts than theirs and so will not be in a position to make payments in the foreseeable future. But in this case they haven't actually acknowledged that the debt is unenforceable - just that they will not be enforcing it at the moment.

    See what sourcrates thinks - just ignore them?

    I would go with the letter you suggest about higher priority debts.

    They are utter morons Capquest, absolute amateur night.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • roisindubh
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    thanks very much guys, will draught a letter and with your permission put it on here tomorrow before I post it, just to make sure it looks fine. I'd also like to take this time to say a big thanks to you both for guiding me through. Hopefully this is the final hurdle and I'll hear no more then
  • roisindubh
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    Hi. Back again, having slept on it overnight, settling on

    "Thanks for your letter dated 04 January 2018. Without acknowledging the judgement mentioned in your letters I am currently paying back higher priority debts than the one you claim to represent, I am not and, for the foreseeable future, will not be in a position to make any additional payments to more creditors. Should this position change I will contact you"

    does this look. Do I need to add anything, take anything away. Hopefully I want this letter to get to the point of drawing a line under the whole mess. Thanks in advance for your assistance
  • sourcrates
    sourcrates Posts: 28,917 Ambassador
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    roisindubh wrote: »
    Hi. Back again, having slept on it overnight, settling on

    "Thanks for your letter dated 04 January 2018. Without acknowledging the judgement mentioned in your letters I am currently paying back higher priority debts than the one you claim to represent, I am not and, for the foreseeable future, will not be in a position to make any additional payments to more creditors. Should this position change I will contact you"

    does this look. Do I need to add anything, take anything away. Hopefully I want this letter to get to the point of drawing a line under the whole mess. Thanks in advance for your assistance

    Just a slight tweak here and there :

    Without Prejudice

    Thank you for your letter dated 04 January 2018.
    You are aware the CCJ you refer too, is over six years old, and in order to enforce a judgement of that age, would require permission from the issuing court, yet you are unable to even provide me with a reference number for the judgement, so how do you intend to provide one to the court ?

    At present, I have higher priority debts than yours, and so will not be in a position to make payments to you in the foreseeable future.
    Should this position change I will contact you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • roisindubh
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    thanks very much sourcrates, i'll use that one then and send it to them
  • roisindubh
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    back again, reply to the letter I sent copying Sourcrates template includes a claim number now and

    your account has been placed on hold till 15th february we would be grateful if you would contact us of the hold period with an update of your circumstances.

    I'm thinking at this point reiterate what I put in the last letter re paying higher priority debts, unable to make any payments to you and I will contact you in the future if anything changes.

    Sound reasonable
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