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  • FIRST POST
    • GloriousEuropa
    • By GloriousEuropa 10th Dec 19, 8:09 AM
    • 84Posts
    • 13Thanks
    GloriousEuropa
    Partner got a CCJ this morning - Need help and advice!!
    • #1
    • 10th Dec 19, 8:09 AM
    Partner got a CCJ this morning - Need help and advice!! 10th Dec 19 at 8:09 AM
    My partner was with her ex for 11 years and over their relationship he was abusive, physically and emotionally. She finally got the courage to leave 2 years ago, but he left a trail of debt in her name over the years as he knows every detail of her life, down to her NI number, etc.

    A couple of months back he used her info to get into her Nectar card account as he knew there was 50 still on it from back in their relationship. She went to the police and reported his entire history of abuse, financial abuse, taking debt out in her name behind her back, etc. They said there was nothing they could do and wasn't identity theft.

    She woke up to an alert on her phone this morning from Credit Karma and she discovered a CCJ on there, with the judgement date being the 5th just gone. The address for it was one she left in late 2012, and she has received no contact about this debt, she does not even know what it is for, other than it's 931.

    She currently lives with her grandparents which she is doing to save money and get herself straight. She has had no letters or contact there, so she really is worried bailiffs are going to turn up and take her grandparents' things, her car, etc.

    Who does she contact to enquire about this? I have briefly looked it up and it seems debts are statute barred after 6 years, and this must be well over 6 years old.

    Thanks.
Page 1
    • DCFC79
    • By DCFC79 10th Dec 19, 8:28 AM
    • 35,667 Posts
    • 22,511 Thanks
    DCFC79
    • #2
    • 10th Dec 19, 8:28 AM
    • #2
    • 10th Dec 19, 8:28 AM
    If bailiffs turn up they wont take the grandparents things, obviously if they look like an older person would use them then no they wont take them, they may ask for receipts though. They wont just take her car, if she stonewalls them and insists she cant pay then yes she could have it raken away.

    She needs to get this sorted though.

    Maybe a call to womens aid or refuge would be a start.

    Re statute barred debts, if the last time it was acknowledged was over 6 years then yes it shouldn't be chased.
    Last edited by DCFC79; 10-12-2019 at 8:31 AM.
    • zx81
    • By zx81 10th Dec 19, 8:49 AM
    • 24,837 Posts
    • 27,731 Thanks
    zx81
    • #3
    • 10th Dec 19, 8:49 AM
    • #3
    • 10th Dec 19, 8:49 AM
    I have briefly looked it up and it seems debts are statute barred after 6 years, and this must be well over 6 years old.
    Originally posted by GloriousEuropa
    The account may be over 6 years, but it's the last acknowledgement that counts.

    Does she believe this is a fraudulent account opened by her ex? She needs to establish what the account is so she can determine the best course of action.
    • GloriousEuropa
    • By GloriousEuropa 10th Dec 19, 9:06 AM
    • 84 Posts
    • 13 Thanks
    GloriousEuropa
    • #4
    • 10th Dec 19, 9:06 AM
    • #4
    • 10th Dec 19, 9:06 AM
    If bailiffs turn up they wont take the grandparents things, obviously if they look like an older person would use them then no they wont take them, they may ask for receipts though. They wont just take her car, if she stonewalls them and insists she cant pay then yes she could have it raken away.

    She needs to get this sorted though.

    Maybe a call to womens aid or refuge would be a start.

    Re statute barred debts, if the last time it was acknowledged was over 6 years then yes it shouldn't be chased.
    Originally posted by DCFC79
    The account may be over 6 years, but it's the last acknowledgement that counts.

    Does she believe this is a fraudulent account opened by her ex? She needs to establish what the account is so she can determine the best course of action.
    Originally posted by zx81
    She has called the court, and basically all they can tell her is that it's a water company, they didn't say what property it is for of all the houses she's rented over the years (six), only that the judgement went out on the 5th, and the address they had was for her first ever rental 6 years ago.

    She already had a CCJ with them before, and she paid off the debt related to that, then soon after they claimed there was more debt, to which she asked if there was going to be any more after she paid, and they said no. That is everything paid. So she does not know what to do.
    • hobbird
    • By hobbird 10th Dec 19, 10:18 AM
    • 10 Posts
    • 3 Thanks
    hobbird
    • #5
    • 10th Dec 19, 10:18 AM
    • #5
    • 10th Dec 19, 10:18 AM
    My partner was with her ex for 11 years and over their relationship he was abusive, physically and emotionally. She finally got the courage to leave 2 years ago, but he left a trail of debt in her name over the years as he knows every detail of her life, down to her NI number, etc.

    A couple of months back he used her info to get into her Nectar card account as he knew there was 50 still on it from back in their relationship. She went to the police and reported his entire history of abuse, financial abuse, taking debt out in her name behind her back, etc. They said there was nothing they could do and wasn't identity theft.

    She woke up to an alert on her phone this morning from Credit Karma and she discovered a CCJ on there, with the judgement date being the 5th just gone. The address for it was one she left in late 2012, and she has received no contact about this debt, she does not even know what it is for, other than it's 931.

    She currently lives with her grandparents which she is doing to save money and get herself straight. She has had no letters or contact there, so she really is worried bailiffs are going to turn up and take her grandparents' things, her car, etc.

    Who does she contact to enquire about this? I have briefly looked it up and it seems debts are statute barred after 6 years, and this must be well over 6 years old.

    Thanks.
    Originally posted by GloriousEuropa
    She should contact the court and obtain a copy of the judgement as you say she doesn't have that.

    Most CCJ's allow 30 days settlement. If it is settled within 30 days, that will be the end of the matter. It will not even appear on the persons credit history.

    Which begs the question how does Credit Karma know about it?

    It sounds like this CCJ was issued more than 5 days ago.

    However, county court bailiffs will not attend without prior notice.

    As for the debt being statute barred, I'm afraid the CCJ trumps that.
    The reality is that the clock effectively started again from the issue of the CCJ, although permission of the court is required (which may be granted) if enforcement action is not then made within 6 years of the judgement being entered.

    She should contact the court, provide them with her up to date address, and get this sorted.
    • Ben8282
    • By Ben8282 10th Dec 19, 4:36 PM
    • 4,763 Posts
    • 2,636 Thanks
    Ben8282
    • #6
    • 10th Dec 19, 4:36 PM
    • #6
    • 10th Dec 19, 4:36 PM
    She finally got the courage to leave 2 years ago

    A couple of months back he used her info to get into her Nectar card account as he knew there was 50 still on it from back in their relationship



    Are we really supposed to take this seriously?
    • xlnc99
    • By xlnc99 10th Dec 19, 4:41 PM
    • 742 Posts
    • 115 Thanks
    xlnc99
    • #7
    • 10th Dec 19, 4:41 PM
    • #7
    • 10th Dec 19, 4:41 PM
    balifs cant do nothing if ur partner is back at your nans house. They cant even enter the property. Dont worry about that side of things
    • Ben8282
    • By Ben8282 10th Dec 19, 4:45 PM
    • 4,763 Posts
    • 2,636 Thanks
    Ben8282
    • #8
    • 10th Dec 19, 4:45 PM
    • #8
    • 10th Dec 19, 4:45 PM
    balifs cant do nothing if ur partner is back at your nans house. They cant even enter the property. Dont worry about that side of things
    Originally posted by xlnc99
    OP has been watching too many reality TV programmes.
    Baliffs wont turn up.
    • xlnc99
    • By xlnc99 10th Dec 19, 5:49 PM
    • 742 Posts
    • 115 Thanks
    xlnc99
    • #9
    • 10th Dec 19, 5:49 PM
    • #9
    • 10th Dec 19, 5:49 PM
    Yes i unfortunately had to deal with many threats of bailiffs back in my younger days due to my own stupidity so had to research a lot about their powers and authority. I too was very nervous when someone mentioned bailiffs at the start. But after digging further and doing research and knowing my rights i told them all to EFF OFF when they called or came around or wrote emails/letters when they threatened too....

    Needless to say they never bothered me again
    • sourcrates
    • By sourcrates 11th Dec 19, 2:49 PM
    • 19,140 Posts
    • 18,067 Thanks
    sourcrates
    Judgement has been granted so no burden of proof on behalf of the creditor is now required to be provided.
    If you believe the debt was statute barred, you can apply to have the judgement set aside.
    The cost is 255 though.

    You can claim remission on the fee if you are on a low income.

    Court form N-244 for the set aside, EX-160 for remission.
    Last edited by sourcrates; 11-12-2019 at 2:52 PM.
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