CCJ over 6 years old

[CYNthesys]

Re: CCJ over 6 years old

see s.24 Limitation Act as this appears to confirm that enforcement is now statute barred

[Burger100]

Re: CCJ over 6 years old

Do you have a template letter I can use? Thanks

[Amethyst]

Re: CCJ over 6 years old

Yes they would have to apply to the court to enforce the judgement so you can tell them to bog off until they have applied to the court.

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.

Don't see why you should give them too much of a hand, something like,


Dear Drydens,

Ref Claim XT164054

Thank you for your recent communication regarding the County Court Judgment you allege to have obtained in 2001. As I am sure you will be aware section 24 of the Limitations Act applies to enforcement of County Court Judgments and as this Judgment seems to be around 13 years old it is barred from enforcement by Statute.

Should you decide to apply to the courts to request permission to enforce the Judgment please be aware that I will defend the application, and as I have only become aware of the Judgment through your recent letter/telephone call, I will make a further application to set it aside.

I would be grateful if you could send me copies of any documents you hold relating to the claim and Judgment, as well as details of the original debt on which it may be based.

Kind regards

xxxxxx

[Burger100]

Re: CCJ over 6 years old

Thank you for your help

[righty]

Re: CCJ over 6 years old

You could also mention that its considered misconduct by the OFT to try & enforce a debt that is unenforceable and that you will report them to both TS & the OFT if they continue

They can 'ask' you to pay but they can't demand it

[Amethyst]

Re: CCJ over 6 years old

I don't think they'd be that fussed about the OFT

FCA maybe.


can add something like

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

[Burger100]

Re: CCJ over 6 years old

I the DCA can prove that there was a CCJ in 2001 then I thought the debt can't be SB .