Link Financial trying to recover 12 year old ccj?

[fox11]

Hi All,

I've had a read of some threads which have given me some really helpful advice,

but I was hoping someone could offer something more specific to my husband's situation.

 

My husband recieved a letter from Link a couple of months ago regarding an old (pre 1998) student loan.

We sent off a statute barred letter only for them to reply saying the account was subject to a ccj and so cannot be sb'ed.

 

I do not think they knew about the ccj to start with as the original sum they were asking was about £3300, and this dropped to £2400 in the ccj letter.

 

My oh has no knowledge of the ccj (Link claim he has paid £104 towards it but as he didn't know about it this is unlikely!),

but rang the county court who confirmed a ccj was given to the slc in 2000 (Link had ref no of the ccj).

 

The lady dh spoke to at the court was quite helpful and told dh it would no longer be enforceable but would speak to the Judge.

I assume she got 'told off' for discussing it with dh as he recieved a strangely short email from her saying Judge said they would need to seek permission to enforce but this is likely to be given!

 

We were planning on replying to Link just asking them to prove the ccj, that they are the claimant etc

- not telling them we had spoken to the court and see what they come up with.

 

The debt helpline suggested we could offer 30-40% of debt as settlement - is this a good idea?

 

Reading on here we assumed it would be unlikely to be re-enforced, but the reply from court suggests it could be likely.

 

Can anyone suggest what would be the sensible way forward here?

 

Thanks

[reallymadwoman]

I would invite Link to provide full details of the 'alleged' CCJ - there's certainly no need to help them by giving any details which you have been able to discover, and also to provide proof that your husband made the alleged payment of £104, including full details of when and exactly how the payment was made.

 

To a certain extent Link are correct in that if a CCJ has been granted then the debt cannot become statute barred, but if it has not been enforced for 12 years Link would have to go back to court for permission and to be honest I would be amazed if permission was granted unless your husband has been hiding under a stone for the last 12 years.

 

Additionally, if your husband really knew nothing at all about it then he could also apply to have the CCJ set aside.

 

All in all, if Link want their £2400 they are going to have to work for it and it is going to cost them. Can't see it happening personally, but you never know. At least they can't trash his credit reference file with it.

[fox11]

Thanks, I've written a letter asking for proof so will see what they come up with.

My husband was homeless for the first few years but has been on the electrol roll since 2004 and we got a mortgage in 2005 with no problems so he has certainly been traceable.

Is the issue of the payment relevant to whether the ccj is still enforcable or not then?

[Happyhippy1959]

Desperate times come's to mind with this one. Agree with reallymadwoman, prove it....

[dx100uk]

urm... CCJ's are 6yrs and they fall off a cra

paid or otherwise not 12yrs [thats mortgages]

 

i would infact do nothing mre.

 

link as usual are talking a load of bullworts just to get you to contact them.

 

check your oh's cra file please

 

dx

[reallymadwoman]

Is the issue of the payment relevant to whether the ccj is still enforcable or not then?

 

Probably not, but why not make them prove everything. If it turns out the payment was nothing to do with your husband it just discredits the rest of their utterances.

[cerberusalert]

See sec 24; http://www.legislation.gov.uk/ukpga/1980/58

 

If a creditor tried to enforce it your defence would be 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.

[fox11]

urm... CCJ's are 6yrs and they fall off a cra

paid or otherwise not 12yrs [thats mortgages]

 

i would infact do nothing mre.

 

link as usual are talking a load of bullworts just to get you to contact them.

 

check your oh's cra file please

 

dx

 

Dh checked his credit file which is clear, we also hadchecks done in 2005 and 2010 when we took out a mortgage.

[fox11]

See sec 24;

 

If a creditor tried to enforce it your defence would be 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.

 

thanksfor that,I'll keep it in mind if they try to claim it's enforcable.

 

They have just sent a letter asking him to ring them to arrange apayment plan if he cannot pay it back in one go, despite telling him originally payment plans were not acceptable, so perhaps they arefeeling the shaky ground?!

[reallymadwoman]

thanksfor that,I'll keep it in mind if they try to claim it's enforcable.

 

They have just sent a letter asking him to ring them to arrange apayment plan if he cannot pay it back in one go, despite telling him originally payment plans were not acceptable, so perhaps they arefeeling the shaky ground?!

 

Or they just want to get him on the phone where they can say and threaten what they like without having to put it in writing.

You are not going to phone them, of course. Unless you can record the call.

[unclebulgaria67]

If they write back with nonsense about the CCJ and there are no reasons for you not paying, just write back a short and sweet letter addressed to their compliance manager. e.g the owners of the debt had 6 years from the date of the CCJ to collect and they failed to do so. Therefore the CCJ is no longer relevant and you will not be able to get any judge to extend it. I would therefore suggest that you stop trying to communicate with me or a report will be made to the OFT.

[citizenB]

Simply copy to Link, the points made by cerabusalert in post #7