Debt still owed after CCJ expires after 6 years

[Deleted User]

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..

A solicitor bending the truth? That can’t possibly happen can it? 😳
What they say and what the law will allow are very different things. They will just have to wait until all the instalments are paid. They could by all means apply for another CCJ but they won’t get it and it will takes months to even reach court.

finalfantasist

Deleted_User said:

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.

but sharing the recording with a third party without the consent of the recorded party is.

Not if you're a private individual doing the recording it's not.

waamo

Do they mean they will return to court to enforce it? After 6 years they need to demonstrate a good reason why they should be able to enforce it. In your case if you stopped paying it would be a formality. You've made an arrangement to pay and that arrangement has broken down shortly after the six year mark and as such needs to be enforced.

The main issue though is the arrangement hasn't broken down and so enforcement is, at this point, unnecessary. In going back to court they are jumping the gun. As long as the arrangement remains in place you have a defence that any judge would likely find highly persuasive. 

dazzaofdagenham

What my friend here is trying to avoid any further fees..

now with just over 200 pounds owing, it would be extremely annoying for them to add fees for going to court, even if / when it got there it was thrown out.

Even though I did we did record the phone call and told them so..I wanted to type it out and then share here..is that ok .?

waamo

If the case is dismissed then there are no fees. 

dazzaofdagenham

waamo said:

If the case is dismissed then there are no fees. 

Hopefully he can lay it off in 6 weeks and be done with it.

Jumblebumble

I would be tempted to advise them that you believe that they are breaching the SRA code  section 1.4 of conduct and that you will put in a complaint to the SRA about their behaviour

1. You do not mislead or attempt to mislead your clients, the court or others, either by your own acts or omissions or allowing or being complicit in the acts or omissions of others (including your client).

dazzaofdagenham

I’ve borrowed my friend the 220 pounds and he will pay me back the 40 per month.
The stress and worry of this was to much and finally it’s over.

[Deleted User]

dazzaofdagenham said:

I’ve borrowed my friend the 220 pounds and he will pay me back the 40 per month.

Hopefully you lent it to him, rather than borrowed from him.  I don't think he can afford to start lending money.

molerat

So the scary letters worked exactly as intended.