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    • Indebtandsruck
    • By Indebtandsruck 3rd Feb 19, 7:45 AM
    • 9Posts
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    Indebtandsruck
    Buried my head for too long but it stops today,
    • #1
    • 3rd Feb 19, 7:45 AM
    Buried my head for too long but it stops today, 3rd Feb 19 at 7:45 AM
    Hi, I’m new to this to please bear with me...I have 3 CCJ’s all of which are 6 years old this year
    One for £2,600 6 years old in March, one for £1500 6 in June and I for £500 6 in August. I admit I’ve been burying my head in the sand and has been told that when the get to 6 years old they are unenforceable...not sure if that’s right?

    I also have a recent debt from October 18 with HMRC for overpayment of benefits. I’ve not done anything about this (stupid I know) but will hopefully sort a payment plan tomorrow.

    However, Friday I received a text message from Marstonsgrp asking me to contact them to discuss my account (Googled and found they are court enforcement officers) . I’ve had NO letters from MarstonGrp at all! I’m now terrified that they will come to my home and take my stuff and I just don’t know what to do.

    Is it likely that one of my CCJ debts has been passed to the high court for enforcement or not or could they be enforcing the HMRC debt. If it’s one of the CCJ’s could make a small token payment if they will accept a partial payment on each of them but not too sure where to start or what to do, can anyone help?
Page 1
    • fatbelly
    • By fatbelly 3rd Feb 19, 8:23 AM
    • 13,632 Posts
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    fatbelly
    • #2
    • 3rd Feb 19, 8:23 AM
    • #2
    • 3rd Feb 19, 8:23 AM
    The courts expect enforcement to take place within 6 years so after that explicit permission to enforce has to be given by the courts.

    In practice if a creditor has done nothing with a ccj in the first 6 years they've likely given up on it.

    Marstons should let you know what they are chasing. Is there no 'client' or 'creditor' or 'original reference'? If it's a tax credit overpayment (as this may well be) I would expect them to tell you that. But I would wait for a letter to arrive and take it from there. Text messages don't really count for anything.

    Two other things - just because Marstons can act as HCEOs does not mean they are. They offer a range of services. This could just be a 'tracing' exercise.

    Any ccj you have for a consumer credit act debt (loans, credit cards, catalogues) cannot be escalated to High Court.

    How much per month can you afford to the tax credit overpayment?
    • Indebtandsruck
    • By Indebtandsruck 3rd Feb 19, 8:34 AM
    • 9 Posts
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    Indebtandsruck
    • #3
    • 3rd Feb 19, 8:34 AM
    Thank you
    • #3
    • 3rd Feb 19, 8:34 AM
    Thanks Fatbelly. The 3 CCJís I have are for mobile phone, credit card and either a personal loan or another credit card (sorry not too sure as itís so long ago) so am I right in thinking that they can not be passed to the high court for enforcement?

    Iíve done a bit of digging overnight (not slept much since Friday) and found that itís a company called Rossendales who are part of the marstongrp. Now I know that this is in respect of a parking ticket that Iíve disputed ( not received any NTO or letter from the court I suspect due to a change of address) and asked the council to take back. Still not had any letters from them can they just turn up?
    • Indebtandsruck
    • By Indebtandsruck 3rd Feb 19, 8:37 AM
    • 9 Posts
    • 8 Thanks
    Indebtandsruck
    • #4
    • 3rd Feb 19, 8:37 AM
    • #4
    • 3rd Feb 19, 8:37 AM
    Or sorry Fatbelly forgot to say I can make a payment of £500 now (thanks to mum) and then £80-100 a month at a squeeze x
    • fatbelly
    • By fatbelly 3rd Feb 19, 11:59 AM
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    fatbelly
    • #5
    • 3rd Feb 19, 11:59 AM
    • #5
    • 3rd Feb 19, 11:59 AM
    Or sorry Fatbelly forgot to say I can make a payment of £500 now (thanks to mum) and then £80-100 a month at a squeeze x
    Originally posted by Indebtandsruck
    OK, you're a little outside Debt Relief Order territory. But not much.

    Of those ccjs, only the mobile phone could be escalated.

    On the parking ticket, this is council parking, not a private company? Even so, you may get better help on the parking board
    • Indebtandsruck
    • By Indebtandsruck 4th Feb 19, 7:51 AM
    • 9 Posts
    • 8 Thanks
    Indebtandsruck
    • #6
    • 4th Feb 19, 7:51 AM
    • #6
    • 4th Feb 19, 7:51 AM
    Thanks Fatbelly, do you think it’s worth making a nominal offer on all 3 CCJ’s in full and final settlement or wait to see if anything happens with them as they are all almost 6 years old.

    I didn’t think they could escalate to the high court for under £600 is that wrong?

    The parking ticket is a council one I’ll ask on the parking board for assistance thanks again.
    • WhenIam64
    • By WhenIam64 4th Feb 19, 8:21 AM
    • 381 Posts
    • 188 Thanks
    WhenIam64
    • #7
    • 4th Feb 19, 8:21 AM
    • #7
    • 4th Feb 19, 8:21 AM
    Thanks Fatbelly, do you think it’s worth making a nominal offer on all 3 CCJ’s in full and final settlement or wait to see if anything happens with them as they are all almost 6 years old.
    Statute barring can be complex. Some companies will still continue to seek payment after 6 years especially if there is contact. There is further information here or call National Debtline for some detailed help

    https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx
    • fatbelly
    • By fatbelly 4th Feb 19, 8:33 AM
    • 13,632 Posts
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    fatbelly
    • #8
    • 4th Feb 19, 8:33 AM
    • #8
    • 4th Feb 19, 8:33 AM
    Thanks Fatbelly, do you think it’s worth making a nominal offer on all 3 CCJ’s in full and final settlement or wait to see if anything happens with them as they are all almost 6 years old.

    I didn’t think they could escalate to the high court for under £600 is that wrong?

    The parking ticket is a council one I’ll ask on the parking board for assistance thanks again.
    Originally posted by Indebtandsruck
    I'd leave them alone but post again if they write to you. Let sleeping dogs lie.

    You are correct about the £600 minimum.

    Statute barring can be complex. Some companies will still continue to seek payment after 6 years especially if there is contact. There is further information here or call National Debtline for some detailed help

    https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx
    Originally posted by WhenIam64
    However, none of those three older debts can become statute barred as the creditor started a court claim within the limitation period. And the newer ones have creditors who will not hang around for six years.

    Edit: apparently the parking forum refer council tickets on to another forum:

    Q - ''My PCN is from a Council (e.g. bus lane, box junction or parking PENALTY) so does this thread apply?''

    A - NO, BUT THEY CAN BE APPEALED. GO TO 'PEPIPOO.COM' COUNCIL TICKETS FORUM INSTEAD.
    http://forums.pepipoo.com/index.php?showforum=30
    Last edited by fatbelly; 04-02-2019 at 8:37 AM.
    • Indebtandsruck
    • By Indebtandsruck 7th Feb 19, 6:17 AM
    • 9 Posts
    • 8 Thanks
    Indebtandsruck
    • #9
    • 7th Feb 19, 6:17 AM
    • #9
    • 7th Feb 19, 6:17 AM
    Thanks again Fatbelly. I know the old debts wonít become statute barred but if they get to 6 years old what can they do to enforce them?
    • fatbelly
    • By fatbelly 7th Feb 19, 6:30 AM
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    • 10,710 Thanks
    fatbelly
    Thanks again Fatbelly. I know the old debts won’t become statute barred but if they get to 6 years old what can they do to enforce them?
    Originally posted by Indebtandsruck
    You mean the 3 x ccjs?

    They would have to give the court good reason why they had not been able to enforce earlier. Other than that they can do nothing except ask you politely to pay.

    When National Debtline used to post here they were helpful on this and I kept a link to this post


    I miss them.
    Last edited by fatbelly; 07-02-2019 at 6:32 AM.
    • Indebtandsruck
    • By Indebtandsruck 15th Apr 19, 9:23 PM
    • 9 Posts
    • 8 Thanks
    Indebtandsruck
    Sorry to bring this old post back to life but, I’ve today received correspondence from Robinson Way chasing a CCJ which has just past 6 years old. What do I need to do?
    • fatbelly
    • By fatbelly 15th Apr 19, 10:30 PM
    • 13,632 Posts
    • 10,710 Thanks
    fatbelly
    I have 3 CCJís all of which are 6 years old this year
    One for £2,600 6 years old in March, one for £1500 6 in June and I for £500 6 in August.
    Originally posted by Indebtandsruck
    Which one has got in touch?
    • Indebtandsruck
    • By Indebtandsruck 16th Apr 19, 5:30 AM
    • 9 Posts
    • 8 Thanks
    Indebtandsruck
    The one for £2600 which was 6 years old in March.
    • fatbelly
    • By fatbelly 16th Apr 19, 6:34 AM
    • 13,632 Posts
    • 10,710 Thanks
    fatbelly
    Are you in a position to make them some sort of offer?

    You could remind them that they are out of time to enforce the debt but in order to bring this to a conclusion you can offer (say £500) in full & final settlement
    • Indebtandsruck
    • By Indebtandsruck 16th Apr 19, 6:55 AM
    • 9 Posts
    • 8 Thanks
    Indebtandsruck
    Hi Fatbelly, thanks for the reply again. As it stands Iím not in a position to make them an offer but hopefully will be able to in a few months (Iím hoping end of July early August).
    • fatbelly
    • By fatbelly 16th Apr 19, 7:00 AM
    • 13,632 Posts
    • 10,710 Thanks
    fatbelly
    See what they do between now and August then. Probably just a few standard letters.
    • Indebtandsruck
    • By Indebtandsruck 16th Apr 19, 8:10 PM
    • 9 Posts
    • 8 Thanks
    Indebtandsruck
    Thank you again Fatbelly. Will I be notified if they try to enforce via the Courts?
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