Can anyone help please with a debit letter

Startup26

Hi I'm some more advise on my post dated 26th June
I have received another letter today asking for a response and are saying if I don't respond they will instruct the court for an Oral Exam of my finances known as an order to obtain information and ai will be required to attend court. 
Can they do this? Any help is appreciated.

fatbelly

I don' t think there is a time limit for an Order to Obtain Information.

Happy to be corrected if anyone has a reference

It is not often used but does carry a penalty of up to 14 days in jail for noncompliance.

If it happens, you should check the EX140 form online ahead of time so that you know how to answer the questions that have to be answered honestly on the day of the examination. The form is completed by one of the court staff

Maybe now is the time to engage and give them a lecture on

Limitation Act and

https://www.justice.gov.uk/courts/procedure-rules/civil/sched_rsc/rscorder46

Rule 2

I also think you should say that you have never seen a court judgement on this and ask to see a copy. If they can't show it to you they can't show it to a court and I doubt a court on their own efforts would be able to find a ccj from 24 years ago

Startup26

Hi they have sent a copy of a court order from 2001, it's the first I've seen it also it's not on my credit file. They said they wrote to me in 2011 in which I've never received it. Think it's time to speak to a solicitor 

fatbelly

Make sure it's one who understands court judgements and process.

Let us know how you get on

Startup26

I will do thank you

Startup26

I have spoken to an online solicitor and this is what he said 

fatbelly

This is what I meant by ensuring that your solicitor understands court judgements and process

The debt is not statute barred and will not appear on the register of judgements as it is over six years old

It is true that it can only be enforced with the court's permission. It would be helpful if he explained 'enforced'

Sounds like he uses an AI tool

ManyWays

That is either an AI response (they are useless on debt and credit scores) or from a very new trainee. 

You cannot get a CCJ removed by contacting Registry Trust, you have to apply to the court for a set aside, 

I suggest you talk not to a solicitor but to National Debtline 0808 808 4000

sourcrates

I would second speaking to National Debtline about this as the above is very poor advice.

County court judgements are not subject to sec. 5 of the limitation act (statute barred), but they are subject to sec. 24 of the act (unenforceable).

Startup26

Thanks for your help I have an appointment with a debit counselor at Citizens Advise on the 4th 🙏