CCJ

[Chris71]

Can anyone help me I have had a letter from a debt company saying they are applying for a interim charging order against me it says they had a ccj taken out back in 2011 which was the first I know of this but the question is would this now be status barred I read on line it would be then I read that a ccj can never be status barred please help not a good time of year to get this 4 days before Christmas

[ostell]

CCJs do not go statute barred but they will have some explaining to do to the court as to why they have waited 7 years to take any action and the courts may well refuse to allow them to take any further action.

[Chris71]

Thank you for that like I said there is some sites saying it can be status barred after 6 years

[Chris71]

The fact that a creditor has issued a CCJ against you does not in itself force you to repay the debt that you owe. After receiving a Judgement you can still ignore the debt and refuse to pay it. If the creditor then takes no further action to enforce payment and 6 years pass from the date it was issued the debt will become statute barred.

[R0b]

Hi Chris71,

Where did that statement come from? The link in your post leads to an article but nothing in that article says that the debt will become statute barred. In any event, the article seems to have been created originally in March 2011 and possibly updated in December 2014 so it's well out of date.

Wherever you got that statement from, it's wrong anyway. The Limitation Act 1980 says that where a judgment has been given, creditors cannot take enforcement action after 6 years of that judgment date without permission of the court. Therefore a formal application should be made and you should receive notice of that application, which if you wish to defend then you can argue that it's been over 6 years and permission is therefore required.

[R0b]

Just to add, some cases might be of assistance to you. The first one is Duer v Frazer [2001] 1 W.L.R. 919 where the judge said the following at paragraph 25:

It seems to me that these two passages from Judgments in the Court of Appeal apply to govern the exercise of the discretion to permit the issue of execution after the expiry of six years under order 46 Rule 2. and that they are support for the proposition that the court would not, in general, extend time beyond the six years save where it is demonstrably just to do so. The burden of demonstrating this should, in my judgment, rest on the judgment creditor. Each case must turn on its own facts but ,in the absence of very special circumstances such as were present in the National Westminster case , the Court will have regard to such matters as the explanation given by the judgment creditor for not issuing execution during the initial six year period, or for any delay thereafter in applying to extend that period, and any prejudice which the judgment debtor may have been subject to as a result of such delay including, in particular, any change of position by him as a result which has occurred. The longer the period that has been allowed to lapse since the judgment the more likely it is that the Court will find prejudice to the judgment debtor.

Two Court of Appeal cases approved the above in Patel v Singh [2002] EWCA 1938 and Good Challenger Navegante S.A. v Metalexportimport S.A. [2003] EWCA Civ 1668.

So the general consensus is that there would usually have to be exceptional circumstances to warrant the enforcement of the debt after 6 years. If they have sat on the judgment and done bugger all, then that would not be worthy of taking the case out of the ordinary. If your finances have deteriorated than what they were before at the time of judgment, you could also argue that by accepting the charging order, this is likely to prejudice you.

[Chris71]

Thank you Rob for the comments it is all very confusing and would like your help if you can to give me some advice on best way to deal with this if you could email me that would be helpful chrispickworth11@gmail.com. I Am intending to fight my corner and would like to be well harmed with the correct information to do this

[R0b]

Hi Chris,

I don't give any personal legal assistance privately or advice - everything I say or do goes through the forum. If you want proper legal advice I suggest you go to an independent solicitor or perhaps Citizen's Advice might be able to help.

[Chris71]

Hi Rob not looking for legal advice just the best way to deal with this matter with it saying one thing on the Internet and then another about the ccj being status barred after 6 years ?

[MIKE770]

A CCJ does not go status barred under statute of limitations

[Chris71]

Thanks Mike I am just looking for a defence to why it as taken 7 years for them to try and enforce the judgement having not had any contact with me or that I even knew of the ccj in the first place

[MIKE770]

to enforce they have to apply to court and give a dam good reason as not leaving it this long

[Chris71]

They have applied for a interim charging order which again I didn't have any paper for until I got it in the post on the 19th December with the paper work from the court saying I have 14 days in which to have the judgement reconsidered

[MIKE770]

Amethyst

[MIKE770]

when was this CCJ obtained/\