Can anyone help please with a debit letter

Startup26

Can anyone help please. I received a letter from A RUk asset recoveries limited.
The debt is for a shortfall in a mortgage from 32 years ago, and a court order dated 2001.The letter states that judgements are exempt from Limitations act 1980 and remain live and payable.
They are asking me to fill in a financial summery and send it back.
I was unaware of this as my ex husband said at the time it was all sorted. I don't have any CCJs on my file. They want half of the debt at £200 per month for 60 months. What do I do

fatbelly

They are living in hope more than expectation.

No ccj will be showing on your file if the judgement date was more than six years ago.

Now you could complete their understanding of the Limitation Act 1980 by pointing them to Section 24

https://www.legislation.gov.uk/ukpga/1980/58/section/24

But frankly why should you take responsibility for their education?

Unless you enjoy an argument with an ill-trained school leaver, you should ignore it

Startup26

Thank you so much 

sourcrates

Startup26 said:

Can anyone help please. I received a letter from A RUk asset recoveries limited.
The debt is for a shortfall in a mortgage from 32 years ago, and a court order dated 2001.The letter states that judgements are exempt from Limitations act 1980 and remain live and payable.
They are asking me to fill in a financial summery and send it back.
I was unaware of this as my ex husband said at the time it was all sorted. I don't have any CCJs on my file. They want half of the debt at £200 per month for 60 months. What do I do

It may be exempt from section 5, of the limitation act, but not from sec 24, which gives creditors 6 years to enforce judgement`s, after that they become unenforceable.

We see this every so often, an old mortgage shortfall debt, bought by a new chancer, hoping to convince you its still collectable under that judgement, well it isn`t, and there`s nothing they can do to force you to pay it.

I`d go with fatbelly`s advice, and only if they become persistent, point out the error of their ways.

Startup26

Thank you 

DullGreyGuy

fatbelly said:

They are living in hope more than expectation.

No ccj will be showing on your file if the judgement date was more than six years ago.

Now you could complete their understanding of the Limitation Act 1980 by pointing them to Section 24

https://www.legislation.gov.uk/ukpga/1980/58/section/24

But frankly why should you take responsibility for their education?

Unless you enjoy an argument with an ill-trained school leaver, you should ignore it

My understanding was inline with the advice from the likes of the CAB etc:

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt/

If you’ve already been given a court order for a debt

There’s no time limit for the creditor to enforce the order.

If the court order was made more than 6 years ago, the creditor has to get court permission before they can use bailiffs.

Similarly Shelter and gov.uk 


Plus you have  RSC Order 46, rule 2(1)(a) which is explicitly about enforcement of a judgement that is more than 6 years old. 

Totally agree that the courts are not minded to give permission unless there are unusual circumstances that prevented earlier enforcement but to my knowledge it's not true to say a judgement is totally barred after 6 years. 

Startup26

This is the first I have heard about it. I have never had any thing regarding this. Also they are using a name I've not gone by for 8 years.

sourcrates

CAB are wrong, that advice is not accurate.

Under section 24, of the limitation act, a CCJ can only be enforced within six years of it being issued.

After this time, the creditor can no longer pursue you for the debt unless they are granted permission from the court to extend the CCJ.

A CCJ may be extended for up to one year, if it is on the verge of expiring and no payments have been made towards the debt.

However, for this to happen, they must present a strong case why the money wasn’t recovered within the time limit.

So to try to insist that a 32 year old court judgement is still valid, may be a tad presumptuous me thinks.

fatbelly

It's true that the Specialist Support at CA used to believe that s24 did not apply to ccjs.

However they were mostly laid off and replaced by Shelter. 

There are still the cpr rules which amount to the same thing, and caselaw to support it.. No bailiff is going to touch this

RAS

There was a very famous case.

Basically, a mortgagee failed to pay.  Over 18 years the mortgage provider had intermittently tried to assert their entitlement to settlement but never followed through  Meantime the mortgagee paid nothing but occupied the property.

After 18 years the mortgage company (or who had bought the debt) tried to regain occupancy. They were told where to go. Meantime a property in a rough part of London had rocketed value

Nomunnofun1

RAS said:

There was a very famous case.

Basically, a mortgagee failed to pay.  Over 18 years the mortgage provider had intermittently tried to assert their entitlement to settlement but never followed through  Meantime the mortgagee paid nothing but occupied the property.

After 18 years the mortgage company (or who had bought the debt) tried to regain occupancy. They were told where to go. Meantime a property in a rough part of London had rocketed value

This one?

https://www.lawteacher.net/cases/ashe-v-national-westminster-bank.php