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How to change the pre-action Conduct for debt
BadDebtor
Posts: 153 Forumite
Hi All
Can someone please advise me how I would go about getting the Pre-Action Protocol for debt changed.
As things stand now a debt collection company can take an aged debt and take you to Court to obtain a "back door CCJ" by sending the paperwork to an address you were at 15 years ago, even if the original owner and other debt collection companies have written to you at newer addresses.
The change I would like to see is that if a debt is more than 1 year old without any engagement from the debtor that they have to at least to a credit ref db search, which they do anyway once they get the CCJ.
Currently they are using this to extend debt from 6 years to 12 years by obtaining the CCJ without notice to the debtor, it then costs £250 court fee to get that CCJ lifted but the Court will not consider that unless one can show the debt does not apply.
I have been told that the Courts are actually wrong to do this, because in considering the set aside they are not supposed to be considering the worthiness of the debt but simply the matter of setting the CCJ aside on the basis that all the pre-action paperwork was sent to a wrong address that had not been resided at for 6 years.
There has been a massive increase of these Back Door CCJ's and the paperwork I have shows they get it for about £2 because they do it in bulk via Northampton.
I am guessing that it is the ministry of justice but was hoping that there might be a different organisation.
Any help would be appreciated, I would like to get a campaign going and get support from the debt charities.
Can someone please advise me how I would go about getting the Pre-Action Protocol for debt changed.
As things stand now a debt collection company can take an aged debt and take you to Court to obtain a "back door CCJ" by sending the paperwork to an address you were at 15 years ago, even if the original owner and other debt collection companies have written to you at newer addresses.
The change I would like to see is that if a debt is more than 1 year old without any engagement from the debtor that they have to at least to a credit ref db search, which they do anyway once they get the CCJ.
Currently they are using this to extend debt from 6 years to 12 years by obtaining the CCJ without notice to the debtor, it then costs £250 court fee to get that CCJ lifted but the Court will not consider that unless one can show the debt does not apply.
I have been told that the Courts are actually wrong to do this, because in considering the set aside they are not supposed to be considering the worthiness of the debt but simply the matter of setting the CCJ aside on the basis that all the pre-action paperwork was sent to a wrong address that had not been resided at for 6 years.
There has been a massive increase of these Back Door CCJ's and the paperwork I have shows they get it for about £2 because they do it in bulk via Northampton.
I am guessing that it is the ministry of justice but was hoping that there might be a different organisation.
Any help would be appreciated, I would like to get a campaign going and get support from the debt charities.
0
Comments
-
Hi,
This issue is currently been looked at by the ministry of justice.
A formal notice of any change to the pre-action protocol will be made in due course.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-letter0 -
That could take years, how can we speed it up, put pressure on them?
Do you have details of where it says it is being changed, who is running with the amendment?0 -
Jane Wright
Secretary to the Civil Procedure Rule Committee
Justice Policy Group
Ministry of Justice Post Point 3.31
102 Petty France
London SW1H 9AJ
DX 152380 Westminster 8
Tel: 020 3334 3184I’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-letter0
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