1st Credit CCJ/CO On old MBNA Abbey Credit Card - set aside?

[sequenci]

what does 'enforce a CCJ' mean exactly?

Taking further action via the courts, such as bailiffs or going for a charging order etc.

they got a house charge soon after the CCJ (so enforced it in that way) and haven't done anything since then, not even agreeing to my payment offer and not asked for anything after that.

 

Oh got you.

 

Well, they can ask for an order for sale at any point after the charging order has been secured, there is no limitation period. Having said that, it can be often very difficult for a creditor to get a sale order, especially if the property is jointly owned and you have children.

 

What you can do also is to make an application for a variation of the charging order so that you pay an affordable instalment each month, you can ask the judge to add a condition that the claimant cannot apply for an order for sale whilst you are up-to-date with the instalments.

[tifo]

what about the fact the debt has grown from £4300 CCJ to £5500 (this was a few years ago and has remained the same). I've been asking them where the extra £1200 has come from but they won't respond.

 

i was also thinking of taking action (against the solicitor or DCA) as they haven't been able to supply a copy of the agreement upon which the POC's were based.

[tifo]

on another CCJ, after the bank confirmed no credit agreement exists for the account, i turned to the bank solicitors and asked them to send me a copy of the agreement which they'd had sight of when they signed the POC's as true. Over the phone they confirmed they would have seen the document but ignored my letters. Since the CCJ is less than 6 years old (only just) they should still have documents on file. It's interesting to see what they come up with since there is no agreement (it's an overdraft and the bank didn't conform to the OFT determination).

 

i've passed a complaint to the SRA as 'professional misconduct' and they're looking into it.

 

i was thinking of taking the same line with 1st Credit's solicitors and asking for a copy of the credit agreement which they would have had sight of when they signed the POC's as true. And no-one can seem to provide this since the account was opened in 1997 with Abbey and passed to MBNA in 2002.

[tifo]

I had a CCJ and charging order (got my misleading me) from a DCA.The CCJ was from July 2005 and charging order from Nov 2005. I didn't get an understanding judge and the DCA did not bring a copy of the agreement or want to discuss repayment options as we were meant to do. Their rep said he's there only for the CCJ (and then charging order).

 

Following judgement, the DCA did not accept my instalment offer and have not enforced the CCJ to date.

 

During a short period, they did threaten to enforce the charging order unless I took a loan to repay them. They introduced a lender and I went through the process to see what it would cost. It would have cost me £2,500 more than the money I was repaying, thus putting me further into debt.

 

Following judgement, the DCA maintained a default and CCJ for around £1,200 more than the order. This was queried with their solicitor who admitted the figure was wrong. But the DCA never changing the amount and they continue to use this wrong amount.

 

I've now had a letter from them that they intend to enforce the judgement and charging order by a warrant of execution if I don't pay.

 

The amount they're asking is still £1,200 over the CCJ and the judgement debt contains unfair default charges and mis-sold PPI of around £2,000 in total.

 

Where do I stand with this as the CCJ is over 6 years and the charging order will be soon?

[cerberusalert]

Moved to the legal forum.

[The Governorvx]

Have you ever received a Notice of Assignment from 1st credit?

First credit sent me a fake Notice of Assignment from "Halifax" but it is very poor quality and poor signature. And as well as that I am also getting letters from Lowell, so someone is trying to cheat me.

 

Do First Credit know what your birth date is?

[The Governorvx]

thanks ...

 

i don't know about the dates, but the account type is wrong ... if they bought it they should know what it is.

 

By the way, how did you sue Lowell as i may start doing something soon as they have listed 4 defaults in 2 company names for 1 debt ....

 

I am very suspicious of their statement that they have bought the debt off Halifax. Because I am also getting letters from Lowells about the same account.

[tifo]

back to this one after many years ....

 

1st credit have chased for the debt since the CCJ but no payment has been made (we couldn't agree the amount initially).

 

now they've come back again (as previously) with a letter threatening a warrant of execution.

 

what can i do? do they need the court's permission to enforce anything after so long?

 

CCJ was removed from my files in 2011 after 6 years ..... been nearly 8 years since they got it.

[tifo]

back to this one after many years ....

 

1st credit have chased for the debt since the CCJ but no payment has been made (we couldn't agree the amount initially).

 

now they've come back again (as previously) with a letter threatening a warrant of execution.

 

what can i do? do they need the court's permission to enforce anything after so long?

 

CCJ was removed from my files in 2011 after 6 years ..... been nearly 8 years since they got it.

[Andyorch]

Too old for them to do anything now without permission of the court..which I very much doubt would be attained.

 

Regards

 

Andy

[sequenci]

Hello there.

 

They *must* obtain leave of the court. The general rule is that the court would be releuctant to grant it if 6 years have passed since the date of the judgment unless there have been steps taken during that time to enforce. If they manage to get their warrant make sure that you never let the bailiffs in to the property and hide any vehicles that you might have outside.

 

Seq.

[cerberusalert]

A CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless there were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

[DonkeyB]

But a charging order is different – it doesn’t go away!

[DonkeyB]

...the reason being that creditors know that the equity from a house may not be released within six years. That’s why they go for COs.

 

Was it a full CO, or do you share ownership of the property with someone else? Is there any equity?

 

You can still reclaim the original charges/PPI, and you should.

[42man]

In cases like this the emphasis goes back to the creditor with applied pressure as to why they were so tardy in attempting to enforce it within 6 years, As examples, If you had falsified your death, or changed your name by deed poll then a court probably would be allowed to progress...I haven't seen any cases on here where a CCJ has been allowed to progress after 6 years of non payment.

[tifo]

In cases like this the emphasis goes back to the creditor with applied pressure as to why they were so tardy in attempting to enforce it within 6 years, As examples, If you had falsified your death, or changed your name by deed poll then a court probably would be allowed to progress...I haven't seen any cases on here where a CCJ has been allowed to progress after 6 years of non payment.

 

No, i'm all here as I was before. No change in name or address, they can check this through credit files. Over the years i've even spoken to them because they were reporting the wrong balance to credit agencies. I've a letter from their solicitors admitting the reported balance was wrong. It's on this forum on another thread with a scan.

 

The balance has default charges and PPI which could be argued about. At the time of the CCJ in 2004 I did not know this. 1st Credit can't say they're not responsible since they've got the CCJ. On top of that there is also the matter of the wrong balance being reported (by about £1200 more). These combined would be much greater than the CCJ balance.

 

They've never been able to provide me with a credit agreement even though they took the £1 fee many many years ago.

 

I've not shunned payment but they've never accepted my offers. At one stage they even got me in touch with another creditor to borrow the money to pay them off and it would have cost me £2500 more than the CCJ balance. I went through the motions just to gather the evidence.