Creditor 7 years later

barshamhillbilly

Me Too! Very curious !

BAILIFFCHASER

I think the scenario goes like this.
person sold car with some sort of promise. That promise was not kept and the buyer eventually went to court. won the case. the seller then vanished only to be traced by the creditor and now he is persuing them.

wot_a_life

There was NO promise made when the car was sold/purchased, we advertised the car, he viewed it twice, once with his friend, once with his father, he did not test drive it, his choice.

The car was taxed, MOT'd and had a HPI check done on it twice, it was not scratched, bumped and was immaculate inside, it's only downfall was that the milage was high for it's age, we did not hide this from him during the viewings, how could we? He didn't argue that in the court anyway.

He won the case in the court on the grounds that the car was not up to his spectations and we had forced the sale on him, he did not bring his dad or the friend who viewed the car with him to the court as witnesses, it was our word against his and he won.

Now, he has sent the bailiffs in, 7 years after the ccj's were entered against us.

Can anyone tell me if the ccj's will be re-entered on our credit files as we didn't pay within the 6 years before they were removed? And can he do this after such a long period of time?

We are unable to contact him and we have NEVER been able to, he did not at any time supply an address, just his fathers address at the time, we have no address for him so we are unable to contact him

wot_a_life

This is a GENUINE problem, I would like some good advice if anyone has any??

barshamhillbilly

Hi Wotalife
Not sure that there is anything that can be done now. I would have thought you needed to appeal the decision at the time.

I still don't get the courts decision - what was his proof or evidence that he gave that you forced him into buying it? Its my understanding that the claimant has to give evidence that you forced him into a sale ??

Hopefully someone will be along to help shortly.

BHB

GeorgeUK

The info i have seen so far that may help is from Rog2 in post 14.

http://www.insolvencyhelpline.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.htm#6

Is it possible to get the CCJ set aside? Can you put your defence in again?

barshamhillbilly

there ya go! That was quick!

pania

Hiya wot a life.

I would certainly be speaking to a legal firm regarding this issue. many solicitors do the initial half hours consultation free and then charge from there on. how about speaking to your local firm and seeing what there arrangement is. Also seek advice from the CAB. regardless of what initially was the sitution you need to find out what, if anything you can do about it now.
Kind wishes
P
xx

rog2

wot_a_life wrote: »

This is a GENUINE problem, I would like some good advice if anyone has any??

Even when a CCJ exists, the claimant would need to have a very good reason to try to 'enforce' it after a delay of six years - this would, normally, mean that he would need to seek the Court's approval. Since it is only the court that can instruct a bailiff to recover money, then can I assume that he has been back to the court?
Sometimes 'Debt Collectors' try to give the impression that they are, in fact, 'bailiffs' operating under the instructions of the Court, when they may just be quoting a CCJ but have no actual authority to enforce collection.
It is a very difficult situation, and one that does, unfortunately, invite a degree of 'scepticism'. Indeed, I am personally finding it difficult, although not impossible, to understand how, after a period of 7 years, you are being pursued by bailiffs.
You do need to seek some professional advice, in particular relating to the status of these 'bailiffs' and whether or not they are acting within the law, or are merely debt collectors who are trying to mislead you over their authority.

There are a couple of places you can turn to, for advice:

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm

and:

http://www.bailiffadviceonline.co.uk

I hope this helps, and that you can resolve your problem.

PayPeanuts_2

CCJs are not included in the limitations act as far as I know. The six year period is how long the creditor has to take legal action against you. You need to urgently submit an n245 in order to suspend the warrant of execution (bailiffs). If you are going to contest the debt you will need legal action - I'm not sure if this is even possible at this stage.