Old CCJ

Hi all,

Today we had a doorstep call(we didn’t hear the door). A card was left from the debt collection company asking me to call. 

From what I can make out this relates to a debt for which a CCJ was obtained in 2013 or 2014, but I never had any further communication from the company and I did not make any payments. The first letter I had regarding the debt since that time was around late November. Another letter in December stating they may call at the house then nothing. Until today. 

Please can some advise me if yhem turning up like this is acceptable and also how I handle the situation. I have no money to pay the debt nor am I really in a position to offer any payments. With the rise in the cost of living and paying off other old debts I have nothing spare. 

I understand after 6 years if a CCJ is to be enforced they have to return to court to apply to do so but that as they did not chase the debt for over 6 years they may struggle. I have not moved and religiously keep every document any of these companies send through. 

Thanks in advance for the great advice I hope to receive  :-)

Replies

  • NeverendingDMPNeverendingDMP Forumite
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    Other people will offer better advice (I've not had any ccj) but until someone sees please look up prove it letters and statute barred info. Also I think this differs in England and Scotland. Good luck!
    Joint debts 35,213 - Jan 2018, Debts -just my name now are 8542 -Feb 23Mortgage Jan 2018 was 77224, 72267 remaining
  • MEM62MEM62 Forumite
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    Please can some advise me if yhem turning up like this is acceptable 
    Yes, it is acceptable.  On the basis that you have not engaged with any previous contact attempts what else are they supposed to do?    
    I understand after 6 years if a CCJ is to be enforced they have to return to court to apply to do so but that as they did not chase the debt for over 6 years they may struggle. 
    If the CCJ was obtained in 2014 their window of opportunity may well be closed.  If they have made recovery attempts in the meantime, that clock may still be ticking.  You need to check your documentation to make sure.

      
  • Platespinner123Platespinner123 Forumite
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    Other people will offer better advice (I've not had any ccj) but until someone sees please look up prove it letters and statute barred info. Also I think this differs in England and Scotland. Good luck!
    Debts don't become statute-barred if there is a CCJ, although as the OP says, if they haven't applied to enforce the debt for 6 years they will need to get the court's permission to do so. But they can ask you to repay the debt at any point; it still exists.

    Do you know what type of debt the original debt was? Are the collection agency working on behalf of the original creditor, or has someone bought it?
  • sourcratessourcrates Forumite
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    Courts expect creditors to enforce their rights within 6 years of a court judgement being granted, there can be exceptions to this, for example if the debtor has been deliberately living off grid lets say, but for the normal everyday folk, just going about their business, six years is the max.

    So my response would be to send a letter telling them your financial situation currently prevents you from making any kind of payment to this debt, due to the rising cost of living etc etc.

    Add that you are also aware the civil procedure rules allow a creditor 6 years to pursue and enforce a county court judgement, and that although a CCJ never becomes statute barred, they are expected to enforce those rights within that time frame.

    Failure to do so, as in this case, would require court approval to further enforce this debt, and that approval is unlikely to be granted given the fact you have been living in plain view, and have been easily contactable.
    Ex MSE Board Guide.

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