debt in MR

lynsey12086

received a letter for an old debt from around 2011, then it got sent/sold to a collection company in 2012.

the ccj was awarded at the beginning of this year but think they applied for it in 2017
because of the amount, they want I am considering a DRO or DMP and wondering if I ought to proceed via step change

National_Debtline

Hi Lynsey12086 and welcome to MSE,


Unfortunately, if a CCJ was obtained within 6 years of the debt falling due, it would not be statute barred, however, you need to check the date the CCJ awarded. If you don't have the paperwork, then you could check www.trustonline.org.uk (be aware there is a small fee for this).


You may be able to raise a dispute based on the age of this debt (under the limitations act), and you could apply to the court to set it aside and raise the issue of the name error then. A set aside application can cost up to £255 to submit (if you are on certain benefits you could get some/ all of this waivered), and the court would assess, how long it has taken you to file the application, why didn't you reply to the original claim forms and do you have a realistic prospect of a defence. Before applying for a set aside you should get legal advice, as there is a risk you can incur more costs if your application is unsuccessful.


However, if there is no dispute regarding the debt and no issue with the age of it, then you would just need to contact the court to get the title amended. This would not be something to raise a set aside application about on its own.


Laura
@natdebtline

sourcrates

Hi,


Unfortunately you cannot pick and choose weather to fully pay a court judgement or not, you must pay what is been asked.


If you cannot afford the payment been asked for, then you need to apply to the court for an installments order, info here :


https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/changing-a-court-order-for-debt/changing-a-court-order-for-debt/#h-how-to-apply-to-change-a-court-order


Otherwise the creditor can take further enforcement action against you.

Sncjw

Have you checked your credit files for ccj date

lynsey12086

I've just checked using the link I was referred to, yes there is one, issued in 2017 under the England and Wales Orders & Judgments
list a MR <my name> I'm a miss but I doubt if it that matters a whole lot.

fatbelly

No the Mr/Mrs thing doesn't matter. It's clearly your debt.

Lynsey, you're only giving us partial information. If you're considering getting stepchange to help you with a DMP/DRO then there must be more debts.

Can you post a statement of affairs and we can advise properly