CCJ over 6 years old

[Burger100]

Hello there wanted a bit of advice regarding a CCJ that is 13 years old. Have revived a letter from a DCA stating that I need to pay a debt from the student loan company. Have wrote them a letter stating that since the CCJ is more then 6 years old they would have to apply to the court for enforcement and also that I wanted a copy of the original CCJ . Had a reply stating that I still need to pay . Any advice please . Thanks

[Wombats]

Re: CCJ over 6 years old

Hello there wanted a bit of advice regarding a CCJ that is 13 years old. Have revived a letter from a DCA stating that I need to pay a debt from the student loan company. Have wrote them a letter stating that since the CCJ is more then 6 years old they would have to apply to the court for enforcement and also that I wanted a copy of the original CCJ . Had a reply stating that I still need to pay . Any advice please . Thanks

Loans taken out before July 1998 are subject to the CCA and so become SB after 6 years with no written acknowledgement or payment towards the debt from the cause of action. Post July 1998 the loan would never become SB.

If yours is SB, this letter should be sent to the creditor:

http://www.legalbeagles.info/forums/...ed-Debt-Letter

[Burger100]

Re: CCJ over 6 years old

tha

Loans taken out before July 1998 are subject to the CCA and so become SB after 6 years with no written acknowledgement or payment towards the debt from the cause of action. Post July 1998 the loan would never become SB.

If yours is SB, this letter should be sent to the creditor:

http://www.legalbeagles.info/forums/...ed-Debt-Letter

Thanks for your reply. The DCA have said that a CCJ was issued in 2001 so that the debt cannot be SB even after 6 years . I understand that after 6 years the DCA have to apply to the court to get the CCJ enforced is this correct? And if so what should my next move be . Thanks

[Burger100]

Re: CCJ over 6 years old

Thanks for your reply, I thought it would have been SB but the DCA Have said that since a CCJ was issued in 2001 that it can not be SB. Sent the DCA a letter asking for evidence of any CCJ and also that after 6 years they would have to apply to the court to enforce any claimed CCJ is this correct? If so what should my next move be . Thanks

[Kafka]

Re: CCJ over 6 years old

Do you actually mean that there was a court judgement placed on this loan in 2001?
If that's the case then it can't become statute barred.

[CYNthesys]

Re: CCJ over 6 years old

My understanding is that enforcement action becomes statute barred after 6 years

[CYNthesys]

Re: CCJ over 6 years old

Think that s24 Limitation Act applies -


ORDINARY TIME LIMITS FOR DIFFERENT CLASSES OF ACTION
Miscellaneous and supplemental
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.

[Kafka]

Re: CCJ over 6 years old

I'm still not clear if this is actually a CCJ, or referring to a defaulted account, because repayable student loans only started in 1998 I think.

[wales01man]

Re: CCJ over 6 years old

Was this a Student loan from public funds or a Bank loan?

[Burger100]

Re: CCJ over 6 years old

Think it was from public funds .

[wales01man]

Re: CCJ over 6 years old

On the web there is advice on Student loans from when they started 1998? are you sure you have had a CCJ for this?

[Kafka]

Re: CCJ over 6 years old

Which DCA is chasing, and what exactly did they say about the debt?

[Burger100]

Re: CCJ over 6 years old

No I'm not sure but the DCA have said there is in 2001 as I was trying to use the SB law , but my understanding is you can't SB a debt with a CCJ .

[Burger100]

Re: CCJ over 6 years old

But surly after 13 years the DCA would have to apply to the court to enforce it.

[Burger100]

Re: CCJ over 6 years old

The DCA is DRYDENSFAIRFAX solisitors . There saying that the debt is fron an original student loan in 1994 and that a CCJ was obtained in 2001, claim number XT164054. As CCJ's disappear after 6 years I have no idea if this is a real or fake claim number.