CCJ from 2005

[steven76]

Hi All

 

Please can i have some advise.

Just received out of the blue a letter from a payday loan company GOLDSTAR finance saying they took a ccj out on me in 2005 and they now want there money and if i don't contact them and pay it they will get the Bailiffs in or deduct from wages.

 

I know ccj are not subject to Statute Barred but am i right they have to reapply to the courts for permission and will I get the chance to defend my self ?? or will they just get this permission then knock at the door?

 

I do remember the case and I have a copy of the offer i made them but they never contacted me back till NOW

 

 

Thanks all

 

steve

[postggj]

you are correct

 

to enforce they will have to go and ask permission from a judge

 

they will stand more chance of winning the lottery than that happening

 

if they make an application to the court then you will be informed by the court for you to reply with your objections

[steven76]

Thank you for the reply, so should i just wait or contact them? I have always kept copies of stuff and i have my copy of my offer in 2005 but never got a response till today

[Ganymede]

they will stand more chance of winning the lottery than that happening

 

 

 

That's a bit misleading. It's certainly not as hard as people think to obtain permission from the Court.

[postggj]

I myself would just ignore as they seem to be phishing

 

its your choice though

[postggj]

That's a bit misleading. It's certainly not as hard as people think to obtain permission from the Court.

 

Then please post up the reasons as to why a court will not object to enforcement after a certain amount of time

 

There is case law to suggest that SIX years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

Edited May 10, 2013 by squaddie

[steven76]

If they ask the court for permission i want the chance to say my peace, just worry they will get permission without me knowing then just turn up,

[havinastella]

Then please post up the reasons as to why a court will not object to enforcement after a certain amount of time

 

Moving house and not informing the creditor!

[postggj]

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless their were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

[havinastella]

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless their were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

 

I totally agree with you and in all my time on Cag, I cannot remember a creditor overturning a CCJ past 6 years. BUT, if the debtor has moved after the CCJ was issued and didn't inform the creditor, the creditor would have a slim chance.

[steven76]

Thanks for replies all, just to clarify im still living in the same house since 2000,

[havinastella]

Thanks for replies all, just to clarify im still living in the same house since 2000,

 

That's good news then.

[postggj]

I will agree on that, a slim chance

 

In this day and age with credit agencies ,etc

 

It is not that hard to find any individual if a creditor really tried

[havinastella]

Can anyone find the exact 'law' on a CCJ over 6 yrs old?

[steven76]

I just found this form that the creditor my fill out to reapply, if you look at the very bottom it states what reasons

[steven76]

But this web site wont let me add the link

[steven76]

Just have to get to 10 posts

[steven76]

This should work

 

http://www.moneyclaimsuk.co.uk/PDFForms/N446.pdf

[postggj]

Just type bump to each post till you get 10

[BRIGADIER2JCS]

If they attempt to reopen and enforce the judgement you will be informed.

 

My advice would be to write a simple letter stating that they are out of time to enforce the judgement.

nothing else and see what happens.

8 years after judgement you need no more than that statement, No action shall be brought 6 years after the judgement.

End of story.

[steven76]

Just type bump to each post till you get 10

 

lol

[havinastella]

I would also add

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

[steven76]

If they attempt to reopen and enforce the judgement you will be informed.

 

My advice would be to write a simple letter stating that they are out of time to enforce the judgement.

nothing else and see what happens.

 

 

I was thinking of doing this and sending them a copy of the offer i made them but never contacted me after, but worried it will open a tin of worms

[BRIGADIER2JCS]

All the information on this is contained in the Limitations Act 1980.

Send the short letter and refer them to the Act no doubt they are fully aware of it but just hope you are not.

[steven76]

All the information on this is contained in the Limitations Act 1980.

Send the short letter and refer them to the Act no doubt they are fully aware of it but just hope you are not.

 

On that link i found this

 

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.