CCJ over 6 years

[Chrisuk35]

Im looking for some advice My Wife has just received a letter from a credit chansing company called Capquest. They are claiming that she owes £400 from a debt that goes back to 2006. She hand on heart can not remember this debt and when she phoned to question it she was told that it goes back to 1998 and that a CCJ was raised against it in 2006.

After doing some googling it appears that a CCJ debt dies after 6 years, is this true? The letter she got does not mention legal action etc, is this because they know they cant enforce it?

She moved house and thats maybe why they could not find her, does this make a difference?

I am in England

Any help would be appreciated

[MIKE770]

after all this time they would have to prove a VERY VERY good reason to action it, there seems to be so many of the DCAs who must be short of income many doing just that chasing what they know would be difficult without very good reason for a CCJ to be collected after such time, CCJ never time linit only normal statute barred if no contact within 6 years england/wales or 5 years scotland.

echat11

[MIKE770]

see what they send next maybe just phishing? capquest run after a while.

[Chrisuk35]

Thanks the letter said she has 14 days or they can't guarantee the offer will stand.

she phoned them and disputedit and they have said they will get back to her

[MIKE770]

do not contact await their next move, you have awakened them .

[Chrisuk35]

I'll make sure she doesn'tbut just because she phoned them and denied it they can't reopen the ccj can they?

[echat11]

I'll make sure she doesn'tbut just because she phoned them and denied it they can't reopen the ccj can they?

As Mike says CCJ don't disappear, even after 6 years. What you need to do is check the register of CCJ's to make sure there is actually one, what the details are, address etc. It seems strange that they've waited over a decade of the debt be chased etc.

https://www.gov.uk/county-court-judg...-credit-rating

If there is one you can consider other steps i.e. setting the CCJ aside etc.

[Chrisuk35]

I have just paid £6 to search and its come back clear...but that's not surprising as it's over 6 year's... wouldn't it be clear now anyway?

[Ukmicky]

CCJ do disappear as they are time barred under limitations act . It can be extended if they go back to court and give a bloody good reason as to why it should be extended but this is a debt from 2006 so should have been extended 6 years after the original CCJ was granted not many years later .


Section 24 limitations act
24Time 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.

[echat11]

I have just paid £6 to search and its come back clear...but that's not surprising as it's over 6 year's... wouldn't it be clear now anyway?

You could wait to see if they actually do anything else. You could check with the Courts, if there is one they should have records.

[Ukmicky]

The CCJ has gone. The right to enforce the debt recovery hasn't if they go back to court but the court will want a very good reason as to why it’s taken so long

[Chrisuk35]

The CCJ has gone. The right to enforce the debt recovery hasn't if they go back to court but the court will want a very good reason as to why it’s taken so long

Is the fact she has moved and changed her name since a good reason?

[MIKE770]

just stop there and await their next move IF EVER!

[Chrisuk35]

ok your right..i will report back any progress,,if you can please help if there is

[echat11]

Also, just as a Rule, don't speak to these types of companies over the phone, only ever communicate in writing.