CCJ old address

50betty

Hello there I wounder if someone can help, I got letter from a company called Hoist Finance with a old address in the letter that i haven't been associated with for 17yrs.

So i ignored the letter but had a phone call from this company how they got my address and number in the first place is concerning. So i spoke to someone who told me i owed money to a store card and i also have a CCJ against me ?

However I am so confused as if this was the case surely i would have heard something before , not a letter 17yrs later ?

I am concerned and worried, can they still enforce a CCJ that's over well over its 6 years life span and where do i stand in this ?

Hope someone can advise me, I suffer really badly with anxiety so I'm in full scale panic.
Thank you in advance 

Platespinner123

Hi 50betty

I'm sorry this is causing you such a lot of stress - as well as posting on here, it might help to speak to a free debt adviser at Stepchange. Let them take some of the burden!

A creditor can enforce a CCJ that's over 6 years old, but they need additional permission from the court to do so. As I understand it, they're only likely to get that if there's a good reason for them not enforcing the debt during the 6 years. 

They might well just be trying their luck, but speaking to an adviser will help you understand your options if the court does give them permission.

fatbelly

Firstly don't panic. You spoke to someone who is trained to put the frighteners on and for future reference do not engage by phone - everything in writing.

They got your details by tracing - you will have a percentage overlap with the debtor - it's not an exact science and so there is every chance that this is not yours. Hoist are a well known debt buyer - they but them for pennies in the £ and then see who they can pressurise to pay them.

Even if it is, a ccj must be enforced within 6 years or they must ask for explicit permission from the court.

You will have to work out how to block their calls or you just say 'everything in writing' and  put the phone down.

As for their letter you need to send a prove it - it's in the stickies but I'll give a link - and see what comes back

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

You are looking for a court name (prob Northampton) and reference - you can then ask for details from the court and see if you recognise it.

50betty

Thank you so much for your help, I have contacted the citizens advice and someone is speaking to me about this and i have ask them for proof in writing and not be answering any more calls. I feel a little better about this now thank you both once again 
 

fatbelly

Feel free to keep posting if you have any concerns/problems.

50betty

ok thank you 

50betty

Hello its me again,  I asked Hoist Finance for proof of the debt and they have sent me back a letter stating unfortunately, they don't have the proof, just the account number no original agreement or the original CCJ, But they are still asking me for payment to set up a payment plan with them which I have not even acknowledged, I Had a appointment with the citizens advise were they told me they need proof and if they want to enforce the CCJ they will have to go back to the court to do so ?
Just really stressed as have other health problems I'm dealing with and could do with out this added stress.    
Thank you 

sourcrates

Please try not to let this stress you, Hoist are skating on very thin ice here.

Let me explain, there are companies out there, that specialise in buying up old delinquents debt, or accounts that have had legal action taken, but many years ago, accounts that are slightly iffy in some way, the ones no one else will touch with a barge pole, as they were deemed uncollectable years ago, then approach the debtors and try to extract the full face value of these debts from them.

This is what we have here, lets get one thing clear, Hoist are not going to help you, they will have bought your debt, along with many others, for a few pence in the pound, now all they want is payment, and there entire approach is geared up to making that happen.

So, basic facts, the debt is 17 years old, and allegedly had a CCJ attached to it.

Now as they have no evidence of the debt, nor the judgement, its impossible to determine whether the debt may have been statute barred prior to legal action being taken, or not, so they fail on that point.

CCJ`s never go statute barred, but, a court would expect a creditor to enforce its rights within 6 years of judgement, if they don`t, then they must go back and seek the courts permission to do so.

Now judges are not stupid, anyone with an ounce of common sense will simply ask why this had not been enforced within the last 17 years, its not like you live on the moon is it, and to quote Blackadder, "the explanation you are about to give had better be phenomenally good", again, failed on point two.

Hoist won`t be able to respond to that, as they have only become involved recently, they won`t know the events leading up to the debts purchase, so again, no case to answer.

Now Hoist are not going to do any of this anyway, they want quick money from you, not complications or further court costs, which is why they want you to believe this debt is valid, write back stating what I have written above, let them know you are aware of your rights under the civil procedure rules, and that this debt is dead in the water, I would lay money on never hearing from them again.

fatbelly

The key here is that there's nothing to prove this is yours. It could be anyone's.

They say it's your but all they have is a reference number.

I couldn't tell you if an account number actually related to something I had 17 years ago and neither can/should you.

They say there's a ccj but they can't provide the court reference

You could write to explain why you are ignoring them, or just ignore them. I'd do the latter.

If they persist there is a letter of complaint in this thread.

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

50betty

fatbelly
Sorry for the late reply i have not been to well
Thank you for your help much appreciated