Ccj 12 years old

Vaughfitz

I have a CCJ don’t even remember what it is for it was 12 years ago when I had health issues and a lot of things went by me 
anyhow this debt had been added to a step change account t which my then husband had sorted we have since separated and payments of just £5 a month were stopped last payment being 2016. No more has been paid it has I feel  been sold on to a Mortimer Clarke solicitors who have recently contacted me asking me to fill out my financial commitments.  I wrote to them offering £750 to clear the unknown debt of £3000 ? And that I am 63 with no private pension and that I will retire shortly and so am not able to pay this off and that if I contacted a debt management I can only afford £5 per month  They never got back to me so I emailed what they thought of my offer then last week they sent me a letter with a ‘copy’ of what they said they had sent to me but I never received anything g from them saying there client will. It accept but would accept £2000
i am really troubled by this it’s a very old debt are the solicitors acting on there own behalf and maybe have bought this debt 
can I have any help please it is causing me such mental anguish I am
paranoid
is a CCJ from 12 years ago, or even what the original debt was for that must take it to at least15 years+ can I ignore 

Karonher

It may have been better to send a prove it letter to them as it looks like you have acknowledged that the debt is yours. I dont know if the age of the CCJ is relevant but I am sure other people will be able to tell you. I found the quote below on legal beagles and while it is a different case to yours - a house repossession which is why I have crossed that out - some details may be relevant.

The question asked was could a 12 year old CCJ be enforced

Yes they would have to apply to the courts to enforce - It is no longer a secured debt following your house repossession 11 years ago. And as it's been six years at least they can't enforce the judgement without applying to the court, if they do apply to the court don't have to show good reason why they haven't enforce the debt until now and you can defend their application. 
I think the word dont should be they

This was also online from ableinvestigations.com so you may want to read up on it

According to the Limitation Act, a creditor can only pursue an outstanding County Court Judgement for six years from the date of the judgement. Beyond that time period, you would need to ask for permission from the court to continue. 
It would be worth finding out if they have extended the time.

fatbelly

Hi - it is accepted that a creditor has six years to enforce a judgement. Debt advice agencies believe this comes from Civil Procedure rules.

I don't think MC are threatening enforcement but it appears they have a debt and they probably know there is a ccj on it. Is this your only debt? I'm guessing not if this is from a failed dmp. However, if it failed in 2016 then only debts with a ccj would be an issue beyond 2022 as the rest would have become statute barred.

It doesn't matter that you acknowledge this one as court action has already happened. Anyway, you've offered £750, they've said £2000. How much did you have in mind to settle at when you made your first  offer? 

sourcrates

Its extremely unlikely MC will go back to court to attempt further enforcement, for one thing, civil procedure rules usually give a creditor 6 years to enforce a judgement, if they don`t do so, they need to demonstrate good reason why, MC have recently bought this debt, so will be unaware of any previous attempts to enforce this, so won`t be able to give an concise answer to that question, leaving them dead in the water basically.

Vaughfitz

fatbelly said:

Hi - it is accepted that a creditor has six years to enforce a judgement. Debt advice agencies believe this comes from Civil Procedure rules.

I don't think MC are threatening enforcement but it appears they have a debt and they probably know there is a ccj on it. Is this your only debt? I'm guessing not if this is from a failed dmp. However, if it failed in 2016 then only debts with a ccj would be an issue beyond 2022 as the rest would have become statute barred.

It doesn't matter that you acknowledge this one as court action has already happened. Anyway, you've offered £750, they've said £2000. How much did you have in mind to settle at when you made your first  offer? 

I was looking at other adverts for clearing a debt for 75% reduction. I do not know what this was even for after all this time so I just offered the £750 

fatbelly

Those adverts are just scammers trying to sell things called IVAs, which don't have a fixed percentage anyway.

The thing is - you've said 25%, they've said 67%. There's room to negotiate here and get a settlement in the 40-50% range

Might be worth establishing what this is before you go any further

poppasmurf_bewdley

Personally, after reading all the above, I would write and tell them that the person offering to give you the £750 to settle the debt has withdrawn the offer, and all you can now offer is a full and final settlement of £100 or £5 per month on a debt management programme.

Considering they probably bought the debt for much less than £100, and accepting your £5 per month offer would cost them more than that to administer each month, I think they may accept such an offer, or just totally ignore you from now on.  

Vaughfitz

thank you for all the advice, I would have no problem settling debts with whoever it was with, but, I find it so wrong that you are having to pay a debt company ! who had nothing to do with any transactions, but have bought a debt cheaply and you now have to pay them, why? it just does not seem fair, if  the original contract or purchase, no matter what it was for have decided not to carry on with it then i feel the contract should be void,

sourcrates

Vaughfitz said:

thank you for all the advice, I would have no problem settling debts with whoever it was with, but, I find it so wrong that you are having to pay a debt company ! who had nothing to do with any transactions, but have bought a debt cheaply and you now have to pay them, why? it just does not seem fair, if  the original contract or purchase, no matter what it was for have decided not to carry on with it then i feel the contract should be void,

Your view is shared by many, however it`s perfectly legal for debts to be bought and sold for whatever price is agreed with the client, and the new owner inherits all rights and privileges the original creditor had, so like it or lump it, you still remain liable no matter how many times the debt is sold, or too who.