MCS dept

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Hi I have a problem with an old dept that I had with Black Horse Finance.
I bought a car in 2005 for £7500 which in hind site I never would have touched. At the time I was working and paying the loan then after 3 months the car a Land Rover Freelander (k series engine) and I had to miss finance payments as the head gasket would repeatedly go and it was costing me £600 - £750 for the next 4 months. After a dispute with the garage that sold me the car and with me defaulting with the payments the car was taken away well after they had to request a flatbed as it just wouldn't start. in 2007 I set up an attatchment of earnings which I continued until I was made redundent in 2010 when I had to stop the payments. I have been unable to work since then and only receive PIP every 4 weeks, and in the last 2 months I have received a letter from Mortimer Clark Solicitors but I havent had anything before then.
Is this still enforceable as I haven't worked for the last 8 yrs and everywhere I look there is mixed advice.

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  • sourcrates
    sourcrates Posts: 28,885 Ambassador
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    steph1x1 wrote: »
    Hi in 2007 I set up an attatchment of earnings which I continued until I was made redundent in 2010 when I had to stop the payments. I have been unable to work since then and only receive PIP every 4 weeks, and in the last 2 months I have received a letter from Mortimer Clark Solicitors but I havent had anything before then.
    Is this still enforceable as I haven't worked for the last 8 yrs and everywhere I look there is mixed advice.

    Hi,

    You can’t set up an “attachment of earnings” only a court can do that.

    Has legal action been taken on this debt, do you have a county court judgement ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,501 Forumite
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    Hi

    The ccj question is Q1 - I agree with sourcrates that it sounds like they were enforcing a ccj in 2007 - in which case it's still enforceable, in theory. Though after such a gap they may need permission from the court.

    Other questions that come to mind are

    Why are you not receiving a work replacement benefit (ESA, JSA, UC)? Is it because you have a partner who works?

    Do you own the property you live in, or any other property?

    How much is this debt?

    Do you have other debts?
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