CCJ - outstanding Debt with Commercial Banking

Kackhead

CCJ was issued 2014 and in March 2015 the debt of £21k was agreed to be paid back, concessionary agreement with agreed  Commercial Banking, monthly payment of £149. 

Each year, a letter would be received from Commercial Banking, they would ask for a “Statement  of Personal Details, Assets & Liabilities, Income & Expenditure” form to be completed and sent back.  Each year, the letter would also show the outstanding amount of debt e.g.

* 26/4/2017 - £18,188.42DR and 23/4/2018 - £16,400.42DR

In February (24/2) a letter was received, showing debt as £13,122.42DR and a further letter was received in March (17/3), showing debt as £0.00DR - this letter was different though; it said, if no contact made within 7 days, you may be transferred to the Banks appointed Debt Collection Agency!  No response was been sent back to them (ie. no form completed) and neither have we heard back from them since. Having recently check husbands  Credit File (Credit Karma) about 5 weeks ago, I see the CCJ has been removed from my husbands file; but it has been 6 years. 

As we have not heard from Recoveries Commercial Banking either, does this mean the debt has been written off or is it a case of a possible typographical error in their letter?  Before contacting Recoveries Commercial Banking and opening up a hornets nest, I need to understanding what we should do here?  Monthly payments are still being made (£149pcm). 

The debt was from my husbands former business, which no longer operates and the form (mentioned above) also asks for all my details. 

Thankfully, we are in a much better financial position to that of a few years ago (we stood to lose our home!) but we just need to understand our position here and do I need to disclose my earnings, etc?  We are not sure if we should just stop the payments or if we should make contact with Commercial Banking to discuss? If this debt remains outstanding and we do not complete the above form, can the Bank apply for another CCJ to recover this debt?  

Fighter1986

You can't be re-CCJ'd or re-defaulted - that's happened, it's in the past, so your credit files are safe.

One option you have is to stop paying them, and just wait. See if they respond.

If they don't, let sleeping dogs lie.

You have just cause for cancelling your standing order / direct debit / card mandate - (cancel it directly with your bank) - they sent you a statement saying your balance was £0.00

Nothing more need be said unless they choose to re-initiate contact, at which point you can pick up where you left off. They'd have no cause to complaint about you ceasing payments to them - they wrote to you saying your balance was £NIL. 

Kackhead

Many thanks for your response. 
One of my concerns was the comment in letter - saying “debt will be sent to their Debt Recovery Team”. That letter was March 2020 and credit file amended November 2020 and we have continued to make payment since March; just worried if we did stop paying now, that they would take us back to court!  Is it definite that they cannot take us back to court to recover the debt?

finalfantasist

Kackhead said:

Many thanks for your response. 
One of my concerns was the comment in letter - saying “debt will be sent to their Debt Recovery Team”. That letter was March 2020 and credit file amended November 2020 and we have continued to make payment since March; just worried if we did stop paying now, that they would take us back to court!  Is it definite that they cannot take us back to court to recover the debt?

they can't get another CCJ but if you stop paying they could seek enforcement action via an N446.  It certainly isn't wiped just because 6 years have elapsed.

Fighter1986

They can take you back to court if they want to but all that would achieve is you resuming payments

It wouldn't generate a new CCJ against you. That can't be duplicated.

They wouldn't immediately respond to your ceasing payments with a court summons.

If they were bothered, they'd write to you and reach out to you amicably initially - at which point you could apologise for your oversight and resume payments, or respond with a query about the balance they send you in March, and come to an agreement.

They'll only take you to court again for something like a Notice of Execution or Charging Order if you ignored their letters (if they send any) off the back of your cancelling your payments to them.

Good luck! Be good to know how you get on.

Kackhead

finalfantasist said:

Kackhead said:

Many thanks for your response. 
One of my concerns was the comment in letter - saying “debt will be sent to their Debt Recovery Team”. That letter was March 2020 and credit file amended November 2020 and we have continued to make payment since March; just worried if we did stop paying now, that they would take us back to court!  Is it definite that they cannot take us back to court to recover the debt?

they can't get another CCJ but if you stop paying they could seek enforcement action via an N446.  It certainly isn't wiped just because 6 years have elapsed.

Thanks for this - does this N446 mean, if we refused, they could call in bailiffs (not that we would allow this to happen)?  Thanks again

Fighter1986

What N446? Did the court previously grant an attachment of earnings order, notice of execution, or charging order?

An N446 is used to reissue enforcement of an order of this nature, or for the court to request information from the debtor, but isn't usually used unless a debtor ignores direct contact from the claimant themselves.