Debt still owed after CCJ expires after 6 years

dazzaofdagenham

Deleted_User said:

dazzaofdagenham said:

...they will go to court and take that enforcement action..

They don't.

I don't know how else to say it.

No extra CCJs, no going back to court, no additional fees, no debtor's jail, flogging or public execution.

Just the remaining balance to pay.

I believe you...

however when the solicitor ‘implies’ that is what they are going to do..

sourcrates

dazzaofdagenham said:

Deleted_User said:

dazzaofdagenham said:

...they will go to court and take that enforcement action..

They don't.

I don't know how else to say it.

No extra CCJs, no going back to court, no additional fees, no debtor's jail, flogging or public execution.

Just the remaining balance to pay.

I believe you...

however when the solicitor ‘implies’ that is what they are going to do..

Because they want the money thats why, they assume you are unaware of court procedure, and that you are incaperble of using Google, they can insinuate all they want, its extreamly rare for what they are suggesting, to happen, the cost of further action would far outweight the outstanding balance, its not gonna happen.

PixelPound

dazzaofdagenham said:

Deleted_User said:

dazzaofdagenham said:

...they will go to court and take that enforcement action..

They don't.

I don't know how else to say it.

No extra CCJs, no going back to court, no additional fees, no debtor's jail, flogging or public execution.

Just the remaining balance to pay.

I believe you...

however when the solicitor ‘implies’ that is what they are going to do..

Is the solicitor really "Wright Hasall" or just paraphrasing because dealing with them is a right hassle?

The CCJ is nearing the end of the six years, so this has flagged up on their system and probably making an effort to clear the debt before hand.

If he is paying agreed at an agreed rate, and he is due to clear the debt by July 2021 then just carry on. 

I really can't see them paying extra for enforcement when it may well not change anything. It also could open them up to a complaint under SRA guidelines if they stipulated further action adding unnecessary charges if he is paying at an agreed rate and not in arrears.

sourcrates

Just to add, if he`s paying as per the courts instruction, then neither the solicitor or anyone else can do anything about it, as the judgement is being complied with, as long as he keeps paying, no further action can be taken.

Don`t assume because they call themselves a solicitor, they are anything special, usually they share the same office as the creditor`s collections dept, and should be treated with the same contempt you would a debt collector, as they use the same list of baseless threats in order to obtain payment quicker.

gizmo111

Seems the 'solicitor' is getting confused with the fact that after 6 years the CCJ comes off public record.  It does not expire - some people make arrangements to pay CCJ's that last 10 years or more.  Tell your friend to stop talking to this bloke and let them do whatever they want to do - he'll not be liable for their costs, if they make an application to enforced something that is already being complied with they are likely to end up with a very cross judge, a wasted costs order and paying your time and inconvenience. 

dazzaofdagenham

To be honest not aware of all this legal jargon...but Wright hassall solicitors are no doubt home based and therefore the times he has phoned it’s a different person each time.

the last 36 monthly payments have all been made on time and as I say the CCJ has its six year limit in Feb 2021 and the debt will be paid in July 2021..but as previously said I will advise of any extra activity from the solicitor 

gizmo111

dazzaofdagenham said:

To be honest not aware of all this legal jargon...but Wright hassall solicitors are no doubt home based and therefore the times he has phoned it’s a different person each time.

the last 36 monthly payments have all been made on time and as I say the CCJ has its six year limit in Feb 2021 and the debt will be paid in July 2021..but as previously said I will advise of any extra activity from the solicitor 

The CCJ does not have a limit - it is live until it is satisfied.  It comes off public record after 6 years - so no longer on credit files etc.
Ignore the so called solicitor and continue to pay as agreed.  If they take action then come back for further advice.

dazzaofdagenham

Just a update here....from further conversations with the solicitor...there can be no doubt from the language they are using that when the CCJ has it 6 year limit on 16 Feb 2021 they will return to court for the amount outstanding of 220 pounds.

we have the conversations recorded and there’s no doubt that’s what they say.

Fighter1986

Well they can return to court if they like but the court won't grant another CCJ as one already exists. Just because it doesn't appear on the public register any more doesn't mean it doesn't exist any more.

Your friend aught to file a defence explaining that an existing CCJ exists pertaining to the debt under xxx reference as of xxxx date which is being paid in line with affordability as agreed with the claimant. He aught to state he does not consider himself liable for any further fees costs or any other such additions to the balance given that it is already being cleared by way of monthly payments in line with an agreement with the lender, with only eight months left to run.

The solicitors are going to have a rather large amount of egg on their face. 

[Deleted User]

dazzaofdagenham said:

Just a update here....from further conversations with the solicitor...there can be no doubt from the language they are using that when the CCJ has it 6 year limit on 16 Feb 2021 they will return to court for the amount outstanding of 220 pounds.

we have the conversations recorded and there’s no doubt that’s what they say.

Again, the CCJ does not have a 6 year limit, that is when the reference to it drops off the files, the debt is still owed
Just remember with phone call recording, recording is not illegal but sharing the recording with a third party without the consent of the recorded party is.