Status of Court Award when sold on

[julian]

A court claim for a credit card was won by a creditor who later sold on the court debt to a DCA, but never went back to court to change the ownership. Nothing is paid, ever.

What is the status of the "debt"? Is it a credit card debt under CCA or a court award/"debt"?

It has been stated a court "debt" is never SB, but the courts may refuse to accept further action after 6 or so years - as the claimant would have had sufficient time to enforce.

I assume the CCA no longer applies as the "debt" is now a court award.

If an F&F were offered to extinguish the court award and was refused,
a) does that have any bearing on the SB status?
b) does the action affect the court's view on enforcement?

What action can be taken by the current DCA?

[Joanna Connolly Solicitors]

A court claim for a credit card was won by a creditor who later sold on the court debt to a DCA, but never went back to court to change the ownership. Nothing is paid, ever.

What is the status of the "debt"? Is it a credit card debt under CCA or a court award/"debt"?

It has been stated a court "debt" is never SB, but the courts may refuse to accept further action after 6 or so years - as the claimant would have had sufficient time to enforce.

I assume the CCA no longer applies as the "debt" is now a court award.

If an F&F were offered to extinguish the court award and was refused,
a) does that have any bearing on the SB status?
b) does the action affect the court's view on enforcement?

What action can be taken by the current DCA?

Are these hypothetical questions or do you have a CCJ where no enforcement action has been sought for over six years? It's difficult to comment on non specifics.

A debt owner does not have to comply with a s 77-79 CCA Request once there is a County Court Judgment.

If there is a CCJ the debt will not become Statute Barred because the COA was when the claim was issued.

Bear in mind if you approach the current debt owner you may trigger an attempt to enforce the CCJ once they take a close look at your file prompted by your correspondence. That might also motivate them to seek a remedy for any legal flaws re the assignment to them etc.

Are you a homeowner and is the CCJ for more than £1k (relevant for any potential Charging Order issues).

A little more information is needed, so how much is the CCJ, when was it obtained and how was it obtained such as a Default Judgment due to not filing AOS or Defence, or as the result of an unsuccessful challenge in court?

Di

[Warwick65]

Just for info.
I have two ccjs from1993. I was paying them at nominal amounts until 2012 when I stopped. One of them, I think I received 1 or maybe two letters the other , well they couldn't find any record and had recycled my account number.

I had moved in 2003 but my addresses were linked in my credit report. One was down to about 250 but the other was over 1000. Oddly I did own property u til late 2011.

[julian]

In short the CCJ issued forthwith in court in 2007, but the original creditor did not provide an agreement, so the assumption is that it fell into the pit of being an unenforceable CCJ. Subsequently being "managed" by Optima who did little but ask for payment at a discount a couple of times. After being sold around 2010, Optima continued to (not) "manage". The current DCA has never recorded their ownership of court award/CCJ in 8 years. It is no longer on Trust online, and the court records will have been archived, or binned. An F&F was made 5 years ago against the CCJ via Optima, but refused. No contact for yonks then a request for payment from the DCA through an arrangement, with no mention of CCJ.

Not poking one's head in the lion's mouth is understood, as DCAs' threats are often just because the balls have floated to the top of the pool and automated letters are sent off. Silence is golden until a LBA or the like is received. A letter was recently received regarding a credit card debt for the credit card debt amount, not the court award amount including costs.


Should they proceed to hassle, if the current DCA believes it to be a credit card debt, then is it better not to disabuse them and say it is SB (notwithstanding the F&F)? Alternatively, should they be told the CCJ exists and has not been enforced for 10 years, with the likelihood it will never be resurrected?

[Joanna Connolly Solicitors]

the CCJ issued forthwith in court in 2007, but the original creditor did not provide an agreement, so the assumption is that it fell into the pit of being an unenforceable CCJ.

If this CCJ was the result of an unsuccessful attempt to defend the claim in court, even though you say that the Claimant had not produced the credit agreement (did you send a s 77-79 CCA Request at the time?) then you may have had grounds for Appeal.

However that ought to be done within 21 days of the Judgment unless there's good reason for the delay. I'm afraid eleven years later that won't be an option.

Once there's a CCJ the debt owner has no statutory duty to comply with a s 77-79 CCA Request so that won't be an option either.

There's a CCJ which they can attempt to enforce and it'll be up to the court to decide whether it should be enforced if an Application is made by them. You say you made a F & F offer since the CCJ so things may depend on what was said/done at the time you made that offer.

If they start to hassle you then post on this thread to get suggestions on what to do or what not to do.

Di

[julian]

Just wondered if there was any precedence, of failure to enforce on longstanding CC debt CCJ where no documentation was provided. Much like all Virgin Cards and Debenham Cards have been written off. What happened to those who got CCJ for those unenforceable debts?

Naivety led to the CCJ defended on the amounts claimed and failure of claimant to provide documentation requested. Their Twitness statement said they could not provide an agreement, but they were providing cc statements. No docs in summary court by rent a gob, but carried because DJ had Frosties for breakfast.

So a poke at the DCA for any and all info, may show CCJ unknown, if any hassle. Till then schtum assuming they don't have any idea.

[julian]

It seems they cottoned on to a CCJ and CO, or rather a Restriction. Leading to the question regarding the possibility of further enforcement after 10+years. Whilst it appears that a CO would have been considered enforcement, is a Restriction consider enforcement? As there is not a legal requirement to pay a K Restriction.

Expanding -
if enforcement has not been started within 6 years of judgement - it cannot be enforced.
if enforcement has been started within 6 years of judgment - the creditor must apply to the court for permission to enforce.

[julian]

If they should attempt another execution, is there an official form or wording to look out for, e.g. We are instructed/asked/ordered/going to seek further enforcement. Or do they just go ahead and do it?

Much is written about preparing to rebut CCJ but not execution and further enforcement. Knowledge is poweri