6 year old court order

[ncf355]

Hi all,

I'm attempting to help a friend out with his debt issues and one of the more perplexing issues is an old court order against him

The debt is currently being chased by an in house solicitor on behalf of the DCA

It appears from what I can see that the DCA purchased the debt in 2004 and subsequently obtained judgment by default due to my friends "head in sand" approach.

The DCA then proceeded to obtain a charging order on his property, but when the property was sold due to debts there was no money for the DCA

So, the question is, where does he stand on this?

I am aware that the judgment cannot be enforced after 6 years has passed, and we have quoted this to them but they have written quoting Ridgeway Motors v Allis Ltd (2004) stating that an action on the judgment is not classed as the same as enforcement of the judgment?

Further, I would have my doubts (particularly as it was a default judgment) that the paperwork was in order here - is there anything that can be done to address this at this late stage?

Thanks in advance for any assistance

NcF

[MIKE770]

Re: 6 year old court order

BUMP

[Caspar]

Re: 6 year old court order

I always believed that they can enforce after 6 years, but have to go back to court in order to do so.

[Angry Cat]

Re: 6 year old court order

Mortgage shortfall, comes to mind...

[ncf355]

Re: 6 year old court order

Hi,

AC, can you elaborate on that please?

[Angry Cat]

Re: 6 year old court order

http://www.housingrepossessions.co.u...hortfalls.html

Surely, the charging order would have been included in the mortage shortfall?

[ncf355]

Re: 6 year old court order

I dont think this would come in to it, as the mortgage company had the first charge, the other lender was second (in fact, I believe they may have been behind another secured loan)

They had the charging order on at land registry, but when the house came to be sold there was no money left to pay it after the mortgage and o(possibly) other loan


My main interest was whether it was at all possible (at such a late stage) to re open the court order if the paperwork used at the time was found to be faulty? (e.g: either in breach of CCA 74' or Property Act 1925)

?