17 year old CCJ

LULUBLUE29

So years ago we got into a lot of debt and in 2009 Northern Rock PLC got a CCJ against us. In 2015 we entered into an IVA but the next year it failed (they were taking all the money for themselves and only paying each creditor a few pounds each) so slowly each debtor came back to us and they were much more amicable and they accepted our payment offers even offered smaller amounts to satisfy the debt with the last one being paid 2023. We were finally debt free....or so we thought. The Northern Rock ccj now owned by marlin v Europe with Mortimer Clarke solicitors acting for them. We have suddenly started getting loads of letters saying they have a ccj against us and a charging order against our property. Bought our title register and there is an interim charge in the name of Northern Rock which was never made final. Ive expedited a CN1 form to land registry to have it removed as it was never made final and is 17 years old so I'm hoping it will be removed as mortimer clarke are now threatening ti send resolvecall agents to our door which I really dont want. If I'm successful what can mortimer clarke do about the 17 year old ccj? Is there anything I can do? I'm worried about having debt collectors at my door. The debt is for £4429.60. Is this statute barred can I dispute it?

sheenas

Sounds rather odd as a CCJ normally lasts 6 years and then it's removed from the register. I would look at the CCJ register and see if that is the case.

If you are being contacted regarding this, maybe a Mortimer clarke has bought old, inactive debt ("debt book") from Northern rock and is trying to get payment. Do not make any payments, as this could complicate the situation and ask them to supply the original paperwork.

Grumpelstiltskin

OK Resolvecall are not debt collectors, they are just door knockers and you can safely ignore them or tell them to go away. Treat them like you would some unwanted religious door knockers.

All they do is tell you to contact the creditor.

sourcrates

The debt cannot ever be statute barred, as legal action was taken before it became so, which means (sec 5, limitation act 1980) would not apply here.

However the CCJ will have become unenforceable after 6 years (sec 24, limitation act 1980) and also removed from the register of judgements, so there will be no trace anywhere now of this.

The charging order however will still be valid, can I ask, is the house in your name alone, or in joint names with just yourself as the debtor?

Resolvecall should be treated as any other unwanted visitor at your door, think Jehovah`s witness, or a member of a political party you despise, and deal with them accordingly.

LULUBLUE29

Hi thanks for your responses, the debt is in both our names as well as the house. We had a lot of debt back then and I remember a ccj letter but from which one I didnt know. It was part of the iva which failed in 2016 we stopped paying. All out creditors came back asking for money and as far as we knew they were all paid off. I have no paperwork from way back the left I have only kept the letters stating debts that were paid off or satisfied so this letter 10 years later out the blue is a shock really and we had no idea there was a charging order or who the ccj was with until now when we paid for the title deeds and saw it was Northern rock on the charges register but they did not go back to court to make the charge final it is still a 17 year old interim charge so I'm hoping the Land Registry will remove it. It's Marlin Europe who now owns the debt who Mortimer clarke are working for. I dont know whether to send a letter to Mortimer as I dont want to egg then on to try and enforce the ccj or go back to court. That's why I'm here asking what I should do? Thanks.

ManyWays

I assume you are still in the same house. Are you now a mortgage prisoner or have you managed to remortgage with another provider?

sourcrates

Interim charging orders are meant to be only temporary affair`s, if the creditor does not go back to court to make it final, it will have long since expired, as the timeframe is measured in days, apparently, 49 days according to Google.

So I think you are in the clear with this, as the judgement has also long since expired, and neither can now be resurrected, although Mortimer Clarke will attempt to persuade you otherwise.

The land registry should remove the interim order at your request.