ccj over 6 years old

[Snowboarder]

Hi, can anyone help please. I have read similar message about the enforcement of a ccj after the 6 years but want to see what i can do before contacting the company that have sent me recent letter about the debt.

9 years ago i had several debts that i thought i had paid off, but apparently i missed one for a credit card for about £2,400, I moved to Spain and lived there for 4 years. In 2010 the credit card debt collector applied for a ccj against me. I obviously didn't receive a letter saying i was being taken to court so couldn't defend the claim or offer any payment plan. When i returned to the uk i decided not to have anymore credit and therefore never looked at my credit history, and therefore unaware of this debt.
today i have received the letter saying I owe the monies.

I have never been approached till now to pay the debt and therefore never been allowed to clear it. I am self employed and classed as low earner with no mortgage although i am now married and my wife has a mortgage.
Can they still demand payment for the debt as i have never acknowledged it, and the fact i was never given the opportunity to defend it one way or the other, plus the fact that within the 6 years it was NEVER enforced ?

[CYNthesys]

Re: ccj over 6 years old

A judgemnet debt needs to be enforced within 6 years.
The creditor would need to apply to the court to enforce after expiry of 6 years

[Snowboarder]

Re: ccj over 6 years old

does that mean they can still chase me for the debt although i never had the opportunity to defend the court summons ? can they still go down third party, bailiff route although i own nothing ?

[CYNthesys]

Re: ccj over 6 years old

they can try chasing you all they want, but as they have failed to enforce within 6 years of te CCJ there is little they can do about it without a court order

[Snowboarder]

Re: ccj over 6 years old

my worry is that will apply for court order to freeze my bank account which my customers put money into so i can pay for their materials. Think i need to speak to someone to find my options,,,thanks for your imput

[charitynjw]

Re: ccj over 6 years old

A CCJ is not subject to the Limitation Act & so does not become statute barred.
However, the judgment creditor would need an extremely good reason to try & enforce after 6 years from the date of judgment.

[Snowboarder]

Re: ccj over 6 years old

well i got a reply back which ive written in another thread. To possibly help others though i'll keep you informed in next few days the results so far