KaptRoger
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Well B*gger me! I asked this question 5 years ago and was told to sit tight. I'll do this again I think. Although, if things have changed I would still appreciate some advice.
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Hi, I'm looking for some advice in respect of a CCJ that came to light a little while back. First, if I may give a little potted history of this situation: 2010/11 Letters from DLC saying that a CC debt was owed. Asked for evidence as was surprised by this. Nothing was forth coming. 2012/12 Letter from DLC saying that there was a CCJ and that they must be contacted with in 14 days with an offer. Rang Northampton and was told that the CCJ was a week (might have been 2 weeks) from being 6 years old. 2018/08 Letter from Mortimore Clarke saying the MEIII had been assigned the debt and that they had "been told of the CCJ". 2018/09 Two letters 14 days apart saying that MCS should be contacted to arrange payment, otherwise options like charging orders would be considered. So, my question is: how do should the problem be approached? The CCJ is nearly 12 years old. There have only been a few letters (as listed above), so how does this stand? Are the letters attempted enforcement? What is the likelihood of MCS achieving anything? EDIT: Additional info. We have moved 3 times since the events started - 2011 / 2013 / 2017. We have always been on the electoral register. We were renting until 2017, when we bought a house. Thanks in advance
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Something Interesting in Old Paperwork
KaptRoger replied to adridude's topic in Debt Collection Agencies
My understanding is anyone can go to the local library and consult the Register. The "edited" register is sold to all and sundry and you have to opt out of that one. From your letter it would appear that the council have provided the details to a company to follow up from the details that they held. So it may not necessarily have come from the Electoral Register. I'm not jumping to any conclusions but regardless of whether this letter is for you or not if a council is pursuing something then it is extremely sensible to get onto to it and sort it out. Councils do very readily go down the court route and bailiff route if they are ignored. It would be terrible if bailiffs were involved for no reason. Cheers! -
Good luck with your choice of paths Brig. As with your good advice, I'm sure you have given it good and serious thought. Best Wishes - and thanks
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Subbing because if interest....sorry I can't help
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A Letter before Action (LBA) is the letter telling you that they are taking you to court. However, this must not be confused with any letter saying that "they may take you to court" or "may consider taking you to court" or "may think about taking you to court" or "suggest to their client that they take you to court". Basically the Statue Barred "clock" started ticking when the next payment was due on the account but wasn't made. So if you paid in April 2007, but not in May 2007 then the clock starts from May 2007. DCA's will try to confuse the issue, and mislead you - so take heed of the site team here. They will give you the straightest and most accurate advice.
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Having written a strongly worded sod off letter to them they have written back telling me the account is closed (it was adapted from one of Brig's) Whoop!
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Ah, ok - thanks again Brigadier.
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Hello folks, 262 days since their last letter I have received a new one from DLC, heralding the advent of silly season. This letter is a fun one - "you owe us 10.5K, so pay us £5/month alternatively we will settle for 2.6K - if you don't, we might think about doing some stuff!" Can any one provide an address for the Compliance Manager of DLC please? I need to tell them that I have not had any dealings with them or their client and have bank statements going back 7.5 years to prove it (he he) - so any alleged debt is completely and utterly SB. Just in case any one asks there is nothing on my credit report and nothing on Trust Online - I am, mostly, a good boy. Cheers
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My thanks to all involved in the discussion. Unfortunately I'm not sure if I'm any the wiser. Should I respond to the letter from Hapless? Or should I sit tight and hope that a warrant will not be issued? Thanks
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Hi. The debt was a cc debt defaulted in around March 2006. It looks like it was sold to Hilly some time in 2006 and it appears that they obtained a judgment end of December 2006 against me. All of this was unknown to me due to the fact I had moved and the redirection did not have any of letters relating to this forwarded to me. There have been a few (four) letters since about November 2010. Mostly "give us money""why? Who are you?" "You owe money because we say so" "Prove it please" And then nothing until December last year "contact us and pay" then this one. So not really much effort to get me to pay. The court told me that the ccj expired at the end of December 2012 and that it was in favour of hilly. Trust shows nothing. I suppose my question is what can they realistically do?
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So is it a case of sit tight and see what happen?
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I thought that there was a limitation....... Section 24 of the Limitations Act 1980.... (1) An action shall not be brought upon any judgement after the expiration of six years from the date on which the judgement became enforceable. (2) No arrears of interest in respect of any judgement debt shall be recovered after the expiration of six years from the date on which the interest became due. I was wondering if the site felt that this no longer applies because things have changed?
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Would that be a special kind of application or would it be covered by the "warrant of execution"?
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Hi Folks, I have received a letters from Hapless Solicitors in Banbury. about a Court Claim. The last time I heard about this claim was just after Christmas with a letter from DLC dated 24-12-12. The Claim according to the Court expired on January 3rd 2013. This letter from Hapless ways that they are "about to issue a Warrant of Execution against you", "this will incur additional fees and costs blah blah", " unless you pay the amount of the Warrant the Court Bailiff will call at your address with a view to taking an inventory and levying goods belonging to you" blah blah blah "if you wish to avoid this you must contact DLC etc etc". To me this looks just like a frightener, I am aware of the Limitations on CCJs but would like some reassurance, advice and perhaps a slap-in-the-face-with-a-wet-fish letter (a Brig special?) The scanner is out of action at the moment so any need for the full letter will mean I will have to type it..... Thanks in advance.
