CCJ Advice

[Greytable6]

Hi all

Advice needed please.

I received a letter recently from a debt collection agency demanding money threatening court action etc.....

I wrote to the company saying I know nothing about it and to ask for more details, they have come back with it being a bank debt CCJ from 2002 with a CCJ reference number, I phoned the trust registry for further details but they have said that the reference number doesn’t exist.

Any help or advice would be grateful.

Many Thanks

[chareosS]

a CCJ from 2002 ?? have you any idea what this is for ? because even a court order is statute barred !!??

[Greytable6]

Thank you for your reply.

The Debt Collection Agency said it related to a bank account acquired by me in 2002 - that is all the information they have sent me

[chareosS]

i see so the agreement whatever it was started in 2002, not a CCJ from 2002 ?

still not quite sure what this is any chance you could post up a redacted copy of their letter or even put in the wording of their letter so we can see what they are claiming ?

[ploddertom]

First of all if they had obtained a CCJ then it can never be Statute Barred but would have fallen off your Credit File after 6 years whether paid or not. If no enforcement procedures have taken place then they are going to have a job convincing a Judge to rubber stamp it. Also for arguments sake have they been substituted as the Claimant. Yes the debt still exists but really up to you whether you pay or not.

Personally I would give them a two word answer - the second word being Off.

[chareosS]

i would have to disagree with this, i believe that after judgement they have 6 years to enforce the judgement from the date of the judgement itself or the statute of limitations takes effect.

i totally agree with the 2 word answer though

[ploddertom]

You are correct that they have 6 years to enforce, if they want to enforce after this then they need to go back to Court and explain why they have not done so previously and make a good case for doing it - this is something that is very rarely granted. There is no Statute of Limitations on a CCJ whether paid or not.

Have a read of https://www.nationaldebtline.org/EW/...rred-debt.aspx scroll down to County Court Judgments.

[chareosS]

correct me if i am wrong as i am no expert, but i was referring to statute of limitations act, i believe it is section 24

[charitynjw]

correct me if i am wrong as i am no expert, but i was referring to statute of limitations act, i believe it is section 24

I agree with ploddertom on this. (Depending on circumstances)

https://publications.parliament.uk/p...29/lowsley.htm

[chareosS]

relevant section of limitations act i was referring to



24 Time limit for actions to enforce judgments.

(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.

[charitynjw]

For all these reasons I would hold that the first question must be answered in favour of the plaintiffs. "Action" in section 24(1) means a fresh action, and does not include proceedings by way of execution.

From the above link. (HoL, so precedent.)

[ploddertom]

Section 24 is to do with the time that enforcement action (and/or interest) may be taken and puts a bar on it after 6 years - this may still be appealed against if the Claimant has good reason - was the Judgment that was some 11.5 years old to do with someone who had gone abroad and therefore no enforcement action could be taken until their return.

[charitynjw]

Section 24 is to do with the time that enforcement action (and/or interest) may be taken and puts a bar on it after 6 years - this may still be appealed against if the Claimant has good reason - was the Judgment that was some 11.5 years old to do with someone who had gone abroad and therefore no enforcement action could be taken until their return.

Yep
They reckoned he'd absconded to avoid payment 'til the 6 years were long passed.

[chareosS]

interesting and well worth knowing