Almost 6yrs old CCJ - never collected - Carter now threatening Warrant

[natalie]

A friend of mine had a CCJ issued against her May 2006.

 

They have never attempted to collect on it, she has not heard anything from them since the ccj was issued

(and hasnt changed address since then) but she has now had a letter stating that they are applying for a warrant of execution.

 

I am guessing its because its about to drop off her credit file, its only for £400.

 

Any thoughts on what to advise her?

[MandM]

Pay it would be the obvious thought. I don't mean to sound harsh but it's a CCJ, not a DCA so it's not going to go away.

 

But on a brighter note, I believe that she can contact the court and, if her financial situation isn't good, she could have the repayment arrangements re-determined. If it's a pound a month then that's their tough luck.

 

Mike

[dx100uk]

who sent the letter

 

the claimant on the CCJ?

 

dx

[natalie]

Letter is from Bryan Carter, claimant on ccj is Hillsden, original debt was argos card

[huggy41]

subbing

[dx100uk]

taking 6yrs to 'claim' on a ccj and then being successful in getting a warrant [which in itself for a CCJ is VERY rare]

will be even rarer and i dont thinkthe judge would entertain it.

 

i'll get someone onboard later.

 

you need to get a copy of your friends cra file

see below.

 

to findout [as i suspect]

 

that this has been sold on.

and i bet carter name is not against being the owner , so can do stuff all!

 

 

again making it even more diff to enforce after 6yrs

and getting a warrant evem more more likely.

 

dx

[dx100uk]

pers i think this is a threat-o-gram

 

can it poss be scanned up please

 

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[natalie]

I'll see if she can scan it in, she lives 300 miles away from me so unfortunately I havent actually seen it myself.

[asokn]

taking 6yrs to 'claim' on a ccj and then being successful in getting a warrant [which in itself for a CCJ is VERY rare]

will be even rarer and i dont thinkthe judge would entertain it

 

Warrants aren't particularly rare as a method of enforcement, they're certainly a legitimate way of enforcing in these circumstances.

 

The process of obtaining a warrant is a purely administrative one, there's nothing for a judge to entertain as the court's permission is not required unless the judgment is more than 6 years old. If the OP wants a judge to consider this case then the onus is on her, not the creditor.

 

I would not disregard this letter but remember that if a warrant is obtained you will be given notice of it's execution and can at that stage still apply to the court for the warrant to be suspended.

 

If there's a 6 year old judgment against your friend then why hasn't she paid it in all this time?

[sillygirl1]

There may not be a CCJ, this type of letter is a known tactic amongst certain DCAs, and Carter is a known mumptie.

 

This forum is not supposed to be judgemental so I have reported asokn's post to the moderators.

 

They cannot purely obtain a warrant as an administration exercise at this late date, they have to inform the court of the change of 'ownership' of the payment vehicle for this alleged debt and even at this date a re-determination of the original judgement - should it exist - could be heard.

[asokn]

The OP says in the first line of her post that her friend has a CCJ against her! I simply believed her and advised on the information given; there's no reason to say she's lying and there actually is no CCJ! if there isnt then of course the position is different but we can only take her post at face value surely?

 

Obtaining a warrant of execution IS an administrative procedure whether you accept that or not. My point was clearly that the OP should not expect a court hearing and if she wants a judge to consider the case then an application must be made. It's hardly helpful to say to the OP that a warrant cannot be applied for without a hearing and then that's exactly what happens!

 

Obviously if the applicant is not the person named on the CCJ then the application will fail. It had already been said that any new creditor would need to apply to be substituted, there's no value in me simply repeating that in my own post!

 

I fail to see why you've taken the view that I am being judgmental. I asked why the debt had not been paid as it's possible that it is disputed but the OP does not realise that the judgment could, even at this stage, theoretically be set aside and this forum could help with that.

 

I assume you would prefer all of the 'advice' on this forum to be "don't worry, it's all fine and nothing can happen". It's great to be able to give reassurances to people but that should not be put above giving accurate advice that actually helps the person in trouble. At the end of the day if a warrant is obtained it will be the OP who has to face it while everyone on the forum goes on with their day.

Edited March 4, 2012 by asokn

[Ganymede]

There may not be a CCJ, this type of letter is a known tactic amongst certain DCAs, and Carter is a known mumptie.

 

This forum is not supposed to be judgemental so I have reported asokn's post to the moderators.

 

They cannot purely obtain a warrant as an administration exercise at this late date, they have to inform the court of the change of 'ownership' of the payment vehicle for this alleged debt and even at this date a re-determination of the original judgement - should it exist - could be heard.

 

 

 

Don't see any need for that.

 

Bit pathertic if you ask me.

[sillygirl1]

Sorry if you took offence but my 7000+ posts do not contain 'dont worry its all fine and nothing can happen' advice, they contain factual checkable advice.

 

The way to check that there actualy is an active CCJ is to check on the Registry Trust files, this now costs £2 to check. My advice is to check there first and then take it from there.

 

I understand from a similar thread that the chaser was unaware the original CCJ in that case had already been set aside and thrown out on resubmission...

 

Of course there is now the statute barred arguement should the original CCJ (if it actually exists) and again the counterclaim for overlimit fees etc against the original creditor to think about.

[sillygirl1]

Why it wasn't paid isn't our business at the moment - we have been given no details and cannot comment on personal circumstances.

[natalie]

This isnt the same case as my one sillygirl, the other thread is about me.

 

And the reason why she hasnt paid it is because she has had cancer 4 times in the last 7 years and a £400 bill from Argos is the least of her worries

[asokn]

Sillygirl, I have not taken offence. I do think you have acted in a ridiculous way that frankly only embarrasses you. The word 'pathetic' has been used and I do not disagree.

 

However, there is clearly no point in us being at odds as it does not help the OP. What does help the OP is accurate legal advice rather than platitudes. I will take no further role in this particular thread so as to avoid the argument you are clearly seeking. This does unfortunately mean that the OP will get one less opinion to assist but that is not my doing.