Unknown Arrow/Restons CCJ - RE MBNA card - now AEO - help!

[Sirbob00]

Sorry for the very long delay in updating.

 

i filled out the paperwork for the attachment of earnings.  I called the court to confirm they’d received it which they had.  They advised the case is closed as my husband doesn’t work so can’t attach to anything.

[dx100uk]

open

 

[Sirbob00]

Many thanks for reopening.

 

Next August the CCJ will be 6 years old.  We’ve heard nothing since they applied for an AOE but couldn’t.  I’m aware it won’t ever be statue barred and I’ve no clue if they’ll contact us before the 6 years but was wondering if they don’t contact us and they have to go to court to reopen would we have the chance to defend or has that option completely passed?

[AndyOrch]

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Andy