Aktiv Capital chasing an old debt, not sure if Statute Barred

[Dirac]

Hi people,

Not been here for a while!

I've received the usual succession of letters from AC about a debt run up in 2003. I know I had a CCJ in relation to this account, but I can't find details of it, as it is no longer on my credit file. The complication is that in 2010 I foolishly made a payment toward this debt. I don't know when the CCJ expired, so don't know if the payment was made before it's end date.

My questions are:
1. How can I find details of the expired CCJ?

2. Does my payment, assuming it was before the expiration of the CCJ, affect the statute of limitation with respect to this account?

Thankyou, you wonderful people!

[teaboy2]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

Before the payment you made in 2010 when was the last payment you had made? And when did they get the CCJ against you, what year?

[Dirac]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

2010 was, to my recollection, the first payment to the account. The CCJ would be in either 2003 or 2004. It related to an overdraft that was withdrawn in early-mid 2003. The dates are close, so finding the details of the CCJ may be the key here?

[teaboy2]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

Ok so between 2003 and 2010 its 7 years, so as am aware its statuted barred as for the CCJ, well they can not be enforced after 6 years from when they were issued. So the CCJ would have expired in 2009-2010. So its statuted barred from 2010 so long as the payment you made was 6 years after the CCJ was ordered originally. They will have to prove that it is not statuted barred.

[Dirac]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

The problem is that, until I know about the payment/CCJ, I'm unsure how to proceed. I'm guessing a prove it letter would be the next step?

[teaboy2]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

have you tried searching http://www.trustonline.org.uk/? They may still have details of the CCJ, though they do charge a small fee.

[Dirac]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

Just tried them, using the address I had at the time. They have nothing recorded.

I'll keep trying to find the CCJ details...

[Dirac]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

Using the tracking function for my credit card on a credit reference agency site I've identified a payment which tallies with the payment I made to this account. Also, I am pretty sure the company I paid was not AC, but another debt collector, and it looks like it was made in 2011, not 2010, so this means it's far more likely that the debt is statute barred. Just need to order the relevant statement for the period to check, and contact Experian to look at possibility of checking their records...

[Guest]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

CCJ's are not subjet to the Statute of limitations.

The creditor can still enforce after six years although they may need to ask for permission of the court.

D

[Dirac]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

The CCJ may not be subject to SoL, but I know I have only made payment on this debt once, never acknowledged it in writing, and had ignored it for years (Don't do drugs, they can ruin your life...) until relatively recently when I began to rebuild my life. If the payment I made was after the CCJ expired I would be almost certain that the debt had become statute barred simply from the corresponding time periods.

As I am already paying off 4 other creditors presently, and I'm a student, I would really struggle to pay this as well at the rates AC ask. If it were SB'd, I could relax a little and pay it when I can afford it.

[Guest]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

CCJ's don't expire. They drop off your credit record in six years and a judge would be unlikely, unless there was special circumstance, allow a creditor to enforce, but this has nothing to do with the statute of limitations.


D

[Dirac]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

CCJ is, however, a very useful measure of time. If I paid part of this debt (Given that I am certain I have only paid/acknowledged once) before the CCJ disappeared, the debt is not statute barred, if the payment was after CCJ, chances are pretty damn high that it is!

Any other ideas on where I might find details of a CCJ that does not show on my credit file?

[teaboy2]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

As you said Davyb a judge is very unlikely to grant permission for them to enforce the CCJ, therefore the debt is statuted barred. The OP here can if he wished apply for the CCJ to be set aside aswell especially if no default notice or particulars of claims were received by him originally! Which would reset the court process back to the point where the Particular of Claims are issued to the OP where he/she can op to defend the claim in court and they win the CCJ will be treated as not having existed.

We both also know that the likelyhood of the DCA being able to provide a copy of the signed original as per section 61 of the credit act, in court is now likely impossible. As the agreement has likely been destroyed by the original creditor since it was such a long time ago.

So technically after 6 years where he CCJ has not been enforced then yes it does expire (in the sense they no longer have permission to enforce) as it simply can not be enforced without first getting permission to enforce from the court.

So Dirac the question now is, did you know that a claim had been issued against you, did you receive the particulars of claim? and do you want to have the CCJ set a side?

[Guest]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

As you said Davyb a judge is very unlikely to grant permission for them to enforce the CCJ, therefore the debt is statuted barred.

No, it is not barred by statute, if it were the court could not enforce without an act of parliament repealing the statute.

The judge can enforce if he thinks that it would be just to do so.

D

[teaboy2]

Re: Aktiv Capital chasing an old debt, not sure if Statute Barred

Am not refering to the CCJ being statued barred am saying the debt it self is. As you an i both know they will not likely get permission from the court to enforce, and we can easily get the CCJ set aside. Then what will the creditor/DCA do, as they then wouldn't be able to continue the original claim since its been over six years since last payment, and as the CCJ was setaside, and therefore for all intents and purposes never existed. If they did try to continue the original claim, then the simple defence would be what Davyb? Thats right statuted barred as last payment was made in 2003/4 therefore the debt became statuted barred according to the limitations act in 2009/10.

Off course it depends on OP not receiving the particulars of claims when the claim was issued prior to the CCJ being granted original by default judgement - But we both know they are not likely to get the courts permission to enforce the CCJ now in any case, so the status quo is no different to the status of being statuted barred as in either status they can not enforce. And if they in the unlikely event were to get permission to enforce the CCJ and the op informs us that they never received the particular of claims prior to the original CCJ being granted or never received an valid default notices etc, prior the claim being issued and did not defend or ignored the particulars of claim then we can look at getting the CCJ setaside.

So no Davyb i did not say the CCJ was barred by statuted but only that it can not be enforced and so the status of the debt is exactly the same as it would be if it was statued barred. And if they were to try and get permission to enforce, then we can easily apply for setaside, as i very much doubt they have a copy of the true signed credit agreement under section 61 given the amount of time that has passed. Which without it, they can not hope to prevent a setaside of the CCJ let alone win at any following court hearing, considering the debt is statuted barred and the CCJ deemed as never having existed if setaside is granted.

Try reading my whole post and look at the variables involved that explain my point as to why i discribed the debt as statued barred.