Advice on how to deal with Overdales letter regarding a nearly 6 year old CCJ

[thisisnotyourname]

I've just received a letter from Overdales informing me to "Act now to avoid any potential enforcement action" over a CCJ issued nearly six years ago.

 

Some background on my situation, which may or may not be relevant.

 

I've just this last couple of months managed to get my long-time debts under control. This follows a Breathing Space which ended in September and help from my local Citizens Advice.

 

I had around 7k in debts with four different creditors as well as some debts owing to utility companies. With the CA's help I've been able to finally face up to my debt worries by making a cashflow forecast spreadsheet and realising I was in a position to make affordable payment re-arrangements with all creditors, who have all been remarkably accommodating.

 

Needless to say it's been an amazing feeling to be on top of things after ignoring my debts for several years.

 

I'm fortunate to be working, albeit on a smallish wage but enough to pay my bills and have a little left over to treat me and my best friend (my dog!) every month.

 

There are two priority debts, both Council Tax, one with Marstons which saw their Bailiffs knocking at my door (prior to the Breathing Space), and the other with the Council themselves for this years CT. I've managed to make arrangements with both, however Marstons is £400 a month which I can meet but requires some me to be very careful with my finances until the last payment in January. The Council have advised me to start paying them back once Marstons are paid off, but I've already started making some small payments towards this. In February I imagine they will ask for around £160 per month.

 

Today I received a letter from Overdales for around £1200.

Apparently there was a CCJ issued against me dated January 2017.

I vaguely recall this but for the life of me cannot remember what it was for.

I have confirmed the CCJ is on my credit report and therefore genuine.

 

At this point I should say that over the years I have ignored my financial status (or lack of), repeatedly not paid bills, not admitted to being unable to pay bills, ignored and blocked phone calls from creditors and not opened letters which looked like bills. I've been fortunate to be able to deal with the bailiffs on the three occasions they have knocked, begging and borrowing to pay the amounts in full.

 

Yes, it was very stupid behaviour and I regret it now; all the anxiety, stress, sleepless nights, ignoring knocks on the door, arguments with my ex-partner, lack of money, no holidays, barely going out, not being able to shop for nice things in addition to feeling like a useless failure and living hand to mouth for years was not worth my foolish, immature, short-sighted behaviour and inability to man up and earn a decent wage and pay my bills. I will not be going back to this way of life.

 

As a result this Overdales letter is a surprise to me, and all the more intriguing why they have not been knocking on my door or pressing harder.  the letter states that their client (Lowell - same company I believe), "may instruct us to take enforcement action by way of a Warrant of Control" which "may result in a County Court Bailiff visiting you..."  Further down the letter it states in bold "14 days to avoid enforcement action". Although "Our client would rather avoid further action...".

 

Now, this is around 2 months before the 6 year anniversary of my CCJ, at which point no enforcement action can be taken (I am led to believe), although they can still keep trying to get me to pay. I'm not adverse to making a payment arrangement if required, but am feeling inclined to call Overdale's bluff and save myself £1200. I don't have the ability to pay off even a reduced amount in one chunk. As indicated above I'd struggle to make any significant payments before February so I'm keen to explore all options before making contact with them.

 

What would happen if I made a couple of monthly payments, and then stopped. Does a single payment reset the CCJ time limit?

 

What are the odds of Overdales doing anything about enforcing?

 

I'm just wondering what the advice would be here.

[dx100uk]

you do realise that even if they were able to get this into court for enforcement (of which you'd be informed and be able to object or wack in an n245 for £5pcm) that no court bailiff on consumer debt has any right of forced entry?? CCJ's, CTAX debts, etc etc?

 

it pains me you are paying £400pcm when there is really nowt marstons could ever have done if you'd simply just ignored them. these debt people are all very good, but never question enforceability of debts

 

yes ignore the silly dogs from overdales (they are solicitors for lowells, part of the same lowell group),

i could instruct my dog to sit, if it does is another matter, and with 2mts to go...not a chance..a CCJ doesn't expire but its sure damn hard for a judge to allow enforcement after 6yrs from judgement.

 

now on the front of your debts.

you do realise too that no DCA has ANY legal powers. they are NOT BAILIFFS

 

24 minutes ago, thisisnotyourname said:

I had around 7k in debts with four different creditors

 

are any of your debts now owned by a DCA.. ie are you paying these above debts if so who too and what are they please?

 

 

[thisisnotyourname]

Thanks for taking the time to reply DX. I've done some more research into Overdales applying for a Warrant of Control and looks like they could potentially be in court before the end of November. I've got 14 days before they decide and it could be in court within a week or two after that.

 

It's likely they will either do that or nothing, and so if they do go to court, as you suggest I will submit an N245 and see what the court decides I should pay.

 

Regarding your other comments, I understand what you say about Debt Collection Agencies not having any rights to force you to pay, but it's not always straight-forward.

 

Let's take my experience with Marstons. Now my debt with them was for the previous years' council tax. It got to the stage of an agent knocking on my door (and charging £235 for the pleasure) demanding full payment.

 

The agent also noted my works van in the drive and threatened to clamp it.

 

Obviously I wasn't intimidated by that, but honestly, who wants to play all these games? It's stressful pretending you're not in, parking the van round the corner, and worrying who's knocking on the door.

 

And of course all the while the debt increasing every time they turn up (ironically making it harder to pay the debt off). And what happens with a Council Tax debt if Marstons can't collect payments?

 

Well it goes back to the Council and they apply to the court for an attachment of order earnings. At worst you could be up in court on a criminal charge.

 

I owe the money, so why not just make an arrangement, pay it back and get on with my life?

 

For me, that's the simplest way to do things at this stage, and I'm happy. I'm also fortunate to be working and have the ability to make payments – many don't.

 

Going forward, I'm going to pay my council tax on time. I don't want to play games any more, I'm tired of dodging debt collectors, I need to pay my way. Hope you understand my reasoning.

 

As for my other creditors, the first is the council for the current year's council tax. They've told me they have paused applying to the court for a liability order in order that I can fully pay the previous CT bill with Marstons.

 

Then they are happy to make a payment arrangement and as long as i stick to it, everything's fine.

 

The two other creditors: Firstly the DWP for a small Universal Credit loan back in 2020, but I've agreed very favourable repayment terms.

 

Secondly, Westcot who are managing a bank loan of nearly £4k. They have also agreed very favourable repayment terms which will take approx. 9 years to pay back.

 

They informed me they don't use enforcement or court action to get people to pay. I don't believe them, and figure that if I stop paying they probably would seek a CCJ or similar.

 

I'm very happy paying all this money back, it's what I owe and at the moment I can afford to do it.

 

I mainly wanted some advice on dealing with the CCJ through Overdales.

 

So after a bit of research through this forum, I'm prepared to take a punt on them not taking any action and once the 6 year anniversary passes in January hopefully it'll just be the odd letter I'll have to put up with as they very probably won't be able to take any enforcement action.

 

If they do go the enforcement route between now and January, then I'll just have to start making some payments. I may be back on the forum for advice on filing an N245 though!

 

Cheers.

[dx100uk]

dont confuse bailiffs with a dca.

 

did marstons (bailiffs) send you a notice of enforcement first before turning up and if so why did you ignore it.?

 

who are wetcloths stated client?

and you say this is a bank account for 9yrs ago.??

 

oh and throw the morality card out the window they do...

 

dx