Letter from DCA bought Old CCJ Debt

Mathew49

New here, but after a recent development I thought it best to seek advice ASAP. Some background first just to help you see how I got to where I am now, and why I'm seeking your assistance.

Back in 2011, I lost my job and accumulated lot of debt. Some credit cards and pay day loans totaling around 7000 pounds. At that time, I could not afford these and ignored. Found a work opportunity in Italy and moved there.

In 2014, out of curiosity I checked my credit report through noodle and found that all my credit card were defaulted and a CCJ of 5000 pounds for Zopa pay day loan was registered. I didn't receive any default notice or CCJ Letter while I was in the UK. Anyhow, I ignored everything at that time.

In 2021 I decided to come back home (UK) and moved to a different address. I started my credit file from beginning and started paying for bills and have a credit card. I checked my credit file and found that all defaults and CCJ were removed.

After 6 months of moving back to the UK I started getting letters from DCAs about old debts on credit cards. I didn't reply to any of those nor did I send them the statue barred letter believing they can't take any action as the debt is too old. The letters continue to arrive.

However, few days back I received a letter from the DCA (C@bot) welcoming me to their platform and telling that they have bought the Zopa payday loan debt from them and that they have confirmed that I am living at current address. They advise me to contact them and join online platform for payment plan. This is the same debt on which CCJ was registered around 8 years ago but they didn't mention CCJ in their letter.
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I need your kind advise on what to do?

Ignore them and wait for further action?
Can they enforce it? as original CCJ was obtained by Zopa Ltd not the DCA.
Please advise what best action should I take?


I'm at your mercy, and appreciate any advise.

Thanks in advance.

jlfrs01

The short answer is to totally ignore them. You will continue to get letters, each more threatening than the last and may even get phone calls. Do not reply and answer the phone to a number you do not recognise or is registered as being DCA. They are ambulance chasing, hoping to intimidate you into payment in full or in part. The most they can do is to apply to the Court for a charging Order or statement of earnings which can be done with CCJs but it isn't likely given the debt was sold on after 8 years.

sourcrates

CCJ`s do not become statute barred, but do however become unenforceable after the expiry of 6 years.

Now this 6 year period can be extended by a court, but that must be done before the initial 6 years expire, and can only be extended for a pre-determined period, usually 12 months.

So Cabot have bought themselves an unenforceable debt.

They may not be aware legal action was taken, as all trace will have been removed from files years ago.
So you have two choices, ignore it unless they try to start a claim, or engage with them and tell them the above, the choice is yours.

fatbelly

They may not know about the ccj and there seems no reason why you should remind them.

The easiest way to deal with this is to ignore it

blyth_2

Is a restriction unenforceable after 6 years? Hillesden securities put one on my property in my late husband’s name, they couldn’t put a full ccj on it as the property was  jointly owned and the debt was in my husband’s name 

fatbelly

blyth_2 said:

Is a restriction unenforceable after 6 years? Hillesden securities put one on my property in my late husband’s name, they couldn’t put a full ccj on it as the property was  jointly owned and the debt was in my husband’s name 

When a creditor gets a county court judgement, they can choose to secure it by a charging order. If the property is in the debtor's name the Land Registry record it as a charge. If it is a jointly owned property then it only gets recorded as a restriction.

In practice that is not worth much, and there is a sticky thread about it, where you should ask any questions you have, called Charging Order? The Myth

Mathew49

Thank you everyone for your replies. As suggested by everyone, I will ignore them for now. If anything changes, I will update here and seek further advice.

Thanks again.