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GloriousEuropa

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DCFC79

If bailiffs turn up they wont take the grandparents things, obviously if they look like an older person would use them then no they wont take them, they may ask for receipts though. They wont just take her car, if she stonewalls them and insists she cant pay then yes she could have it raken away.

She needs to get this sorted though.

Maybe a call to womens aid or refuge would be a start.

Re statute barred debts, if the last time it was acknowledged was over 6 years then yes it shouldn't be chased.

[Deleted User]

GloriousEuropa wrote: »

I have briefly looked it up and it seems debts are statute barred after 6 years, and this must be well over 6 years old.

The account may be over 6 years, but it's the last acknowledgement that counts.

Does she believe this is a fraudulent account opened by her ex? She needs to establish what the account is so she can determine the best course of action.

hobbird

GloriousEuropa wrote: »

My partner was with her ex for 11 years and over their relationship he was abusive, physically and emotionally. She finally got the courage to leave 2 years ago, but he left a trail of debt in her name over the years as he knows every detail of her life, down to her NI number, etc.

A couple of months back he used her info to get into her Nectar card account as he knew there was £50 still on it from back in their relationship. She went to the police and reported his entire history of abuse, financial abuse, taking debt out in her name behind her back, etc. They said there was nothing they could do and wasn't identity theft.

She woke up to an alert on her phone this morning from Credit Karma and she discovered a CCJ on there, with the judgement date being the 5th just gone. The address for it was one she left in late 2012, and she has received no contact about this debt, she does not even know what it is for, other than it's £931.

She currently lives with her grandparents which she is doing to save money and get herself straight. She has had no letters or contact there, so she really is worried bailiffs are going to turn up and take her grandparents' things, her car, etc.

Who does she contact to enquire about this? I have briefly looked it up and it seems debts are statute barred after 6 years, and this must be well over 6 years old.

Thanks.

She should contact the court and obtain a copy of the judgement as you say she doesn't have that.

Most CCJ's allow 30 days settlement. If it is settled within 30 days, that will be the end of the matter. It will not even appear on the persons credit history.

Which begs the question how does Credit Karma know about it? :huh:

It sounds like this CCJ was issued more than 5 days ago.

However, county court bailiffs will not attend without prior notice.

As for the debt being statute barred, I'm afraid the CCJ trumps that.
The reality is that the clock effectively started again from the issue of the CCJ, although permission of the court is required (which may be granted) if enforcement action is not then made within 6 years of the judgement being entered.

She should contact the court, provide them with her up to date address, and get this sorted.

Ben8282

She finally got the courage to leave 2 years ago

A couple of months back he used her info to get into her Nectar card account as he knew there was £50 still on it from back in their relationship


Are we really supposed to take this seriously?

xlnc99

balifs cant do nothing if ur partner is back at your nans house. They cant even enter the property. Dont worry about that side of things

Ben8282

xlnc99 wrote: »

balifs cant do nothing if ur partner is back at your nans house. They cant even enter the property. Dont worry about that side of things

OP has been watching too many reality TV programmes.
Baliffs wont turn up.

xlnc99

Yes i unfortunately had to deal with many threats of bailiffs back in my younger days due to my own stupidity so had to research a lot about their powers and authority. I too was very nervous when someone mentioned bailiffs at the start. But after digging further and doing research and knowing my rights i told them all to EFF OFF when they called or came around or wrote emails/letters when they threatened too....

Needless to say they never bothered me again

sourcrates

Judgement has been granted so no burden of proof on behalf of the creditor is now required to be provided.
If you believe the debt was statute barred, you can apply to have the judgement set aside.
The cost is £255 though.

You can claim remission on the fee if you are on a low income.

Court form N-244 for the set aside, EX-160 for remission.