Buried my head for too long but it stops today,

Indebtandsruck

Hi, I’m new to this to please bear with me...I have 3 CCJ’s all of which are 6 years old this year
One for £2,600 6 years old in March, one for £1500 6 in June and I for £500 6 in August. I admit I’ve been burying my head in the sand and has been told that when the get to 6 years old they are unenforceable...not sure if that’s right?

I also have a recent debt from October 18 with HMRC for overpayment of benefits. I’ve not done anything about this (stupid I know) but will hopefully sort a payment plan tomorrow.

However, Friday I received a text message from Marstonsgrp asking me to contact them to discuss my account (Googled and found they are court enforcement officers) . I’ve had NO letters from MarstonGrp at all! I’m now terrified that they will come to my home and take my stuff and I just don’t know what to do.

Is it likely that one of my CCJ debts has been passed to the high court for enforcement or not or could they be enforcing the HMRC debt. If it’s one of the CCJ’s could make a small token payment if they will accept a partial payment on each of them but not too sure where to start or what to do, can anyone help?

fatbelly

The courts expect enforcement to take place within 6 years so after that explicit permission to enforce has to be given by the courts.

In practice if a creditor has done nothing with a ccj in the first 6 years they've likely given up on it.

Marstons should let you know what they are chasing. Is there no 'client' or 'creditor' or 'original reference'? If it's a tax credit overpayment (as this may well be) I would expect them to tell you that. But I would wait for a letter to arrive and take it from there. Text messages don't really count for anything.

Two other things - just because Marstons can act as HCEOs does not mean they are. They offer a range of services. This could just be a 'tracing' exercise.

Any ccj you have for a consumer credit act debt (loans, credit cards, catalogues) cannot be escalated to High Court.

How much per month can you afford to the tax credit overpayment?

Indebtandsruck

Thanks Fatbelly. The 3 CCJ’s I have are for mobile phone, credit card and either a personal loan or another credit card (sorry not too sure as it’s so long ago) so am I right in thinking that they can not be passed to the high court for enforcement?

I’ve done a bit of digging overnight (not slept much since Friday) and found that it’s a company called Rossendales who are part of the marstongrp. Now I know that this is in respect of a parking ticket that I’ve disputed ( not received any NTO or letter from the court I suspect due to a change of address) and asked the council to take back. Still not had any letters from them can they just turn up?

Indebtandsruck

Or sorry Fatbelly forgot to say I can make a payment of £500 now (thanks to mum) and then £80-100 a month at a squeeze x

fatbelly

Indebtandsruck wrote: »

Or sorry Fatbelly forgot to say I can make a payment of £500 now (thanks to mum) and then £80-100 a month at a squeeze x

OK, you're a little outside Debt Relief Order territory. But not much.

Of those ccjs, only the mobile phone could be escalated.

On the parking ticket, this is council parking, not a private company? Even so, you may get better help on the parking board

Indebtandsruck

Thanks Fatbelly, do you think it’s worth making a nominal offer on all 3 CCJ’s in full and final settlement or wait to see if anything happens with them as they are all almost 6 years old.

I didn’t think they could escalate to the high court for under £600 is that wrong?

The parking ticket is a council one I’ll ask on the parking board for assistance thanks again.

WhenIam64

Thanks Fatbelly, do you think it’s worth making a nominal offer on all 3 CCJ’s in full and final settlement or wait to see if anything happens with them as they are all almost 6 years old.

Statute barring can be complex. Some companies will still continue to seek payment after 6 years especially if there is contact. There is further information here or call National Debtline for some detailed help

https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

fatbelly

Indebtandsruck wrote: »

Thanks Fatbelly, do you think it’s worth making a nominal offer on all 3 CCJ’s in full and final settlement or wait to see if anything happens with them as they are all almost 6 years old.

I didn’t think they could escalate to the high court for under £600 is that wrong?

The parking ticket is a council one I’ll ask on the parking board for assistance thanks again.

I'd leave them alone but post again if they write to you. Let sleeping dogs lie.

You are correct about the £600 minimum.

WhenIam64 wrote: »

Statute barring can be complex. Some companies will still continue to seek payment after 6 years especially if there is contact. There is further information here or call National Debtline for some detailed help

https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

However, none of those three older debts can become statute barred as the creditor started a court claim within the limitation period. And the newer ones have creditors who will not hang around for six years.

Edit: apparently the parking forum refer council tickets on to another forum:

Q - ''My PCN is from a Council (e.g. bus lane, box junction or parking PENALTY) so does this thread apply?''

A - NO, BUT THEY CAN BE APPEALED. GO TO 'PEPIPOO.COM' COUNCIL TICKETS FORUM INSTEAD.
http://forums.pepipoo.com/index.php?showforum=30

Indebtandsruck

Thanks again Fatbelly. I know the old debts won’t become statute barred but if they get to 6 years old what can they do to enforce them?

fatbelly

Indebtandsruck wrote: »

Thanks again Fatbelly. I know the old debts won’t become statute barred but if they get to 6 years old what can they do to enforce them?

You mean the 3 x ccjs?

They would have to give the court good reason why they had not been able to enforce earlier. Other than that they can do nothing except ask you politely to pay.

When National Debtline used to post here they were helpful on this and I kept a link to this post


I miss them.

Indebtandsruck

Sorry to bring this old post back to life but, I’ve today received correspondence from Robinson Way chasing a CCJ which has just past 6 years old. What do I need to do?