DCA chasing an old ccj

gazfocus

Ok, so many moons ago, I lost my job, catalog debt took a back seat as I always prioritise the roof over my head, and this resulted in a ccj for around £1500. The creditor got a form k restriction on my house which I’m fine with because I know generally that they cannot force sale, etc as the house is jointly owned. 

The CCJ was granted 8 years ago so has been off my credit report for 2 years and I’ve not made any payments towards the CCJ. 

Anyway, a DCA has come out of the woodwork (ACI UK) chasing the debt and getting quite persistent with their calls, texts and letters, the latest one saying they are sending someone from ‘Verify’ to visit my home. 

My understanding is that if a CCJ is not enforced within 6 years, the creditor cannot then enforce the debt. However, how does it work when they already have a Form K Restriction? Does that mean they can continue indefinitely or does the same 6 year limit apply? 

@sourcrates I know you’re an expert in these things so any input would be appreciated. 

sourcrates

The restriction just sits on the Land Registry entry until it gets satisfied, as the house is jointly owned, nothing can or will come of that, unless you choose to sell it.

The judgement ran out of steam 2 years ago, and is now unenforceable, so no legal worries here.

ACI are a pest, and will likely carry on regardless, the home visit is nothing to be worried about, they are simply reps of a debt collection agency who specifically knock on doors, you can ignore them, tell them to go away, sit down and chat to them if that`s your thing, my late father in law used to invite all and sundry into his kitchen for a cuppa and a chat.

You appear to know the score here already, you can write and explain all this to them, if you wish, or just ignore them and let them get on with it.

gazfocus

sourcrates said:

The restriction just sits on the Land Registry entry until it gets satisfied, as the house is jointly owned, nothing can or will come of that, unless you choose to sell it.

The judgement ran out of steam 2 years ago, and is now unenforceable, so no legal worries here.

ACI are a pest, and will likely carry on regardless, the home visit is nothing to be worried about, they are simply reps of a debt collection agency who specifically knock on doors, you can ignore them, tell them to go away, sit down and chat to them if that`s your thing, my late father in law used to invite all and sundry into his kitchen for a cuppa and a chat.

You appear to know the score here already, you can write and explain all this to them, if you wish, or just ignore them and let them get on with it.

Thanks for commenting so quickly, I hoped that was the case in terms of them running out of time, as I say I just wasn’t sure if the form k restriction meant that as they’d already ‘enforced’ the ccj, they could continue piling the pressure. 

I have emailed them a couple of times but they never reply, but I will consider answering the phone when they ring on Monday (or tomorrow!) and tell them they’re flogging a dead horse. 

Again, I appreciate your reply. Thanks again.