Chased on CCJ after 8 years + Warrant of control

StuieUK34

Hi all,
I did a post the other day, but i think i posted in the wrong folder, and with the recent call today, can probably explain myself better.....
Question sits around "what can a creditor / DCA do if they have a CCJ, years after it dropped from your credit file"......

My scenario, (my bad, i did wrong and messed up).........
I had a store card, limit was £100, stopped paying it in Dec 2010. (although at the time, i owed by probably £60 or so).
I moved house Jan 2011...  Un-beknown to me,  a CCJ was placed against me in Nov 2011 , for the amount of £266
I new about this CCJ in 2014/2015 when i did a credit report, looked into it at the time to see what it was for, but didnt do anything about it (ok, i hoped it would just go away, and i would settle for a destroyed credit profile for myself until Nov 2017......)

Soooooooo, 8 years later, i got a call last week from a girl saying she is from the "weston super-mare county court", and asked i call 'Drydens solicitors' onbehalf of "Arrow Global" regarding the CCJ from Nov 2011 ........  At the time, think she mentioned another CCJ or bailiffs, although wasnt clear......

Today, i got another call from the "WARRANT OF CONTROL team" from the County Court.....
I asked   "Given no attempt has been made to seek payment of the £266 CCJ , how is it possible that a warrant of control can be granted for £266 after all these years of 0 comunication".....  I said does a judge or court need to aprove the warrant, to which the girl said "NO" , when a CCJ is issued, a creditor can get bailiffs at anytime they want, and continue to load charges.

I asked again, if a CCJ was made against me for £266, and i have received no communication, ever.... , how can the debt suddenly be increased to £355, and the result is i got you (the warrant team from the court) on the phone saying Bailiffs are coming ?  surely this needs a judge sign off ?    Girl replies, "she is a trainee", but states with a CCJ, there is no time limit, and claiments can chase and enforce at anytime...

I then said, i havent reeceived any correspondance of any kind, so how am i supposed to defend myself, to which she replied "i can apply to set aside a CCJ" ......
I said the CCJ is no longer relevant from a credit perspective, but either way, i would not ask to set aside a debt which i became liable for back in 2011.....
I said if i am forced to pay the £266 after all this time, I would...  But any extra charges that have been added on, i do not want to pay, and would want to defend myself against those charges....
She said i can apply the set-aside option , to which i said, how can i set aside or defend a claim i cant see, as i have no paperwork, no claims in the post, no phonecalls from the claiment, just you guys (the court) calling me on a 'works' number which only the HMRC/Gov websites hold that number.......
She then gave me a number for Drydens , and a Ref number......
I asked what address she can see for me, as we been in this house just short of 2 years....   She quotes an address we moved from in June 2018... (we had been there since 2014)
She said a letter was sent to that address on 3rd March, and another sent on the 12th....


My thing is this, if a CCJ was granted over 8 years ago for £266............
No chase or enforcement had been made since then....
I now have a "Warrant of Control" team from the courts calling me to say i now owe £355 as "Arrow Global" who own the debt have added charges to the outstanding amount, and will be using court bailiffs to obtain what is owed....
(ok, so bailiffs will be going to an address i dont live at, and from a serving purpose, i will have never seen the warrant or infomation to say bailiffs are coming).....

I am stuck who to call to get legal advice on my options and rights, as the google search for solicitors tends to throw up DCA firms, not a firm who i can pay a small fee for advice on what the law says.....
I have read conflicting info, anything from "its doubtful a judge would award a warrant of control after 6 years of in-activity" , to "a ccj never expires", to "if you owe less than £600, a claiment cannot ask the enforcement officer to seek the monies / EX322 court form" .......
So i am confused, as to how a warrant officer is able to enforce a debt for £266, and then state the actual costs are £355 as the claiment has added charges ?!
Stuck

Galloglass

there is no time limit, and claimants can chase and enforce at anytime...

If there is a warrant, Drydens on behalf of Arrow have traced you and applied to the court to enforce it - which they have to do if the CCJ is over 6 years old. Whether anyone will come out in this climate to seize your car is moot. 

She said i can apply the set-aside option

If you didn't receive the paperwork in the first place and you can convince a judge you didn't receive the paperwork in the first place, you can apply for a set aside @ £255. You may not get it back if you can't explain why you didn't pay.

Interesting approach by Arrow. Not seen one of these before though they are possible. There must be money in it or they wouldn't have done it.

In your other thread you express disbelief that they could do this. The answer is that they have done. 
https://forums.moneysavingexpert.com/discussion/6113471/ccj-rewnewal-after-6-years/p1

They (and the government) are getting better at finding people who have been to court (in both forms). CCJ's don't die and the money is always owed - unless you apply for a set aside and defend the claim.

The only difference so far is after 6 years, the creditor needs to go to court to get permission. They have done in your case for a small amount (adding on the bailiff charges)

sourcrates

Galloglass said:

there is no time limit, and claimants can chase and enforce at anytime...

If there is a warrant, Drydens on behalf of Arrow have traced you and applied to the court to enforce it - which they have to do if the CCJ is over 6 years old. Whether anyone will come out in this climate to seize your car is moot. 

She said i can apply the set-aside option

If you didn't receive the paperwork in the first place and you can convince a judge you didn't receive the paperwork in the first place, you can apply for a set aside @ £255. You may not get it back if you can't explain why you didn't pay.

Interesting approach by Arrow. Not seen one of these before though they are possible. There must be money in it or they wouldn't have done it.

In your other thread you express disbelief that they could do this. The answer is that they have done. 
https://forums.moneysavingexpert.com/discussion/6113471/ccj-rewnewal-after-6-years/p1

They (and the government) are getting better at finding people who have been to court (in both forms). CCJ's don't die and the money is always owed - unless you apply for a set aside and defend the claim.

The only difference so far is after 6 years, the creditor needs to go to court to get permission. They have done in your case for a small amount (adding on the bailiff charges)

Seen this a few times in recent months, times must be hard just now.
I would question why the court would contact you to tell you this, my personal opinion, not backed up with any evidence whatsoever, its actually just a hunch, but I would say it was most likely a representative of Dryden's contacting you, purporting to be from the court, trying to scare you into paying up.

Whatever the case may be, they will not spend a bucket full of money trying to collect a debt of less than £300 quid.

Do they have your current address ?

StuieUK34

hiya

no, dont have current address.  The trainee who called me, i asked what address she has, and she said of an address i moved out from in June 2018, which is why i said to her how i am supposed to defend somthing that i dont know about.....
No one has traced me, apart from the county court has my home telephone number and works direct dial...
The number that called me is:   01934 528540  (i will call it tomorrow to ask questions, as i am wondering why arrow/drydens dont call me instead of the county court....)
as for purporting, am pretty sure its illegal to say you are a court rep, and mask a telephone number of that court ...
I rang it, its defo the warrant of control team.   What would it cost a claiment to obtain a warrant of control ?  (as for this rule to get a warrant after 6 years,  appears its easy peasy...)

When i asked how has a warrant been issued after 8 years, citing the reference on the EX322 form (pursing CCJ through the courts), the trainee said i would need to speak to CAB or a solicitor, and when i asked if a court/judge needs to sign off bailifs, she said no, a warrant can just be issued...
The EX322 form and the general county court website, states you cannot use an enforcement officer for a debt less than £600........

Short version is this....  If it truly is 1 of those scenarios that if a CCJ means you have to pay it, even 10 years later, then so be it, i will pay it, but i'm not happy with extra charges being applied to a debt, as that means this Arrow firm could apply any BS charges, and then if i get court bailifs knocking on my door (once they find my new address, as i just bought a house!), i find i got guys asking for thounsands, it will tip me over the edge!
I might give these "stepchange" guys a call to see if they can help with info.....
ie:  the truth behind whether the above can be done legally.... (

Galloglass

as for purporting, am pretty sure its illegal to say you are a court rep, and mask a telephone number of that court

Quite true. Know of one person that tried it and they are now out of business. They came close to have free meals for a while.

Check with Northampton Bulk Centre for any CCJ. You need the case number which is 8 digits. If you had a default CCJ then it is likely to have come through there. Or call the local court on the number you've given. Or were you given it by the caller?
https://www.gov.uk/courts-tribunals/northampton-county-court-business-centre

StuieUK34

The CCJ was done via northampton in Nov 2011 (bulk centre)......
I dont have a case number, as its gone from my credit file 2 1/2yrs ago.....
The girl who called from the County court, said for me to call Drydens solicitors, and gave me a tele num and a ref ........
What i cant figure out is, why is a court calling me, and not the collection guys ?
If supposedly a bailif has gone to my old address, would'nt the bailifs report back to the court (if thats how it works) to say i do not live at that house ?  where it goes from there, i dont know!

Galloglass

What i cant figure out is, why is a court calling me, and not the collection guys ?

County court bailiffs. If over £600 or they can't trace you they may escalate to HCEO. You should ask WSM court for a copy of the paperwork as that should detail what has happened. Guesswork unless you see the paperwork and the dates.

Some reading
https://www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx

If they are phoning you, they may have used a tracing service. Often it will be a mobile phone contract which may have your new address on it.

StuieUK34

cheers for the reply..

as said, not traced my address, just my works direct dial number and house phone (i recently applied for a mortgage, and come to think of it, i used both home and business numbers on the application in January.....)
its only the county court who called, nothing in writing as they dont have my address, and CCJ was for £266.....
Pretty sure according to the EX322 form, you cant use a bailiff, let alone a HCEO for a debt which is under £600 ?

Galloglass

StuieUK34 said:

cheers for the reply..

as said, not traced my address, just my works direct dial number and house phone (i recently applied for a mortgage, and come to think of it, i used both home and business numbers on the application in January.....)
its only the county court who called, nothing in writing as they dont have my address, and CCJ was for £266.....
Pretty sure according to the EX322 form, you cant use a bailiff, let alone a HCEO for a debt which is under £600 ?

I'll disagree but it's likely moot as they [the bailiffs] won't put a lot of effort into a £266 collection. It may be returned to Drydens as uncollectible. But it is an odd one so let us know how it pans out.