MKDP CCJ old HSBC Managed loan/card now OD bal - Robinson Way want payment

[wellingtonlane]

Dear All,

 

I had a CCJ lodged against me in Mid 2014 for £1300.00 for a disputed debt with HSBC.

 

I was living abroad at the time , and only found out about this a year or two later.

 

I did not attempt to set it aside, and the matter has lay dormant for several years.

 

I have never made any payments.

 

I am now being chased on the home number and in writing and the letter states :

 

'...if we do not hear from you within the next 10 days from this letter date we may instruct our clients's 

solicitor Howard Cohen and Co to consider action which could include :

A warrant of control being issued

An attachment of earnings on your salary

A charging order being secured on your property '

 

I guess it is partly due to the 6 years being up soon, but would like advice on the following please?

 

1. Should I just wait this one out, or are they likely to send bailiffs ,or go for a charging order...how would I know this is in process?

 

2. Should I try to settle the debt at this point...currently unemployed..

 

Many thanks

 

 

 

[AndyOrch]

Hi there....

 

I would of thought that they already had a Charging Order in connection to the judgment if you had Property in the UK at the time of judgment.

 

They cant get an attachment of earnings as you state your unemployed.

If you dont have property and are renting then they cant get a Charge.

That leaves a warrant of control for any possessions..but given the value of the judgment would seem unlikely.

 

If you would like to start repaying this..through legal process...then consider submitting an N245 with a proposed affordable monthly payment...this would then starve off any of the above should your circumstances change in the future.

 

Andy

[wellingtonlane]

Many thanks Andy,

 

We do have a property here, and since a previous CCJ creditor did obtain one several years ago, whilst I was abroad this is one of my main concerns...

 

Not sure whether I would be informed of any such application before it was granted..

 

I am tempted to borrow some money from family, and offer a full and final payment if they are willing to remove the debt from the system...

 

Would I know if they applied for a warrant of control before a knock on the door..?

 

Cheers

 

 

[AndyOrch]

Yes you would be provided notice by the Court Bailiff for a Warrant of Control and Charging Order from the Land Registry ...the record will fall off anyway next year...with or without a settlement

[wellingtonlane]

Thanks again,

 

Yup, that was the background to how they gained a CCJ...

 

If I made even a small payment now, is this likely to extend the payment schedule past the 6 years...?I seem to remember that they can still pursue the CCJ after 6 years, even though it has dropped off the register..

 

Or is this their last gasp at grabbing some money from me?

 

Regards

 

 

[dx100uk]

ah so the old HSBC managed loan debacle

is the CCJ for the card or the false OD that they dumped the card into?

I suspect the latter.

 

were HSBC beforehand or MKDP ever made aware you were resident abroad at the time of the court claim?

 

[wellingtonlane]

Hi Dx100,

 

This is for the OD transferred case...

 

Yup,all parties were aware I was abroad and I kept giving them  address in Indonesia to send correspondence to...chose to ignore that and CCJ me..

 

My feeling is that a set aside would be too risky given so long after the fact..and the fees...

 

Do I just tough it out and hope they go away, or wait for them to possibly take further action and then react to any action they are taking..?

 

Many thanks

 

 

 

 

[dx100uk]

you should have set it aside years ago when told too

perfect valid reason there

 

 

court bailiffs cant really do anything on a consumer credit CCJ , there is no right of forced entry anyway.

[AndyOrch]

Quote

If I made even a small payment now, is this likely to extend the payment schedule past the 6 years...?I seem to remember that they can still pursue the CCJ after 6 years, even though it has dropped off the register..

 

Or is this their last gasp at grabbing some money from me?

 

They can only enforce the judgment with the courts permission after 6 years.....An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought

 

is this likely to extend the payment schedule past the 6 years...?I

 

The statute of limitations ended when they issued the court claim