Cabot Financial and attachment of earnings for old CCJ help please

[Zebedee]

Today my other half received a rather strange letter titled Notice of Transfer Of Proceedings from Cabot Financial UK Ltd that states this claim has been transferred to the county court at _____________ for enforcement.

 

This was done apparently because she did not reply to N56 (form for replying to attachment of earnings application) within the specified time.

 

She did not receive this form.

 

The receiving court will arrange for the bailiff to serve N61(order for statement of means)

 

 

The only CCJ she had was over 10 years ago and is now definitely statute barred.

 

Is there anything I can do to prevent any further action on this?

 

Surely Cabot are taking the mickey??

Edited September 7, 2018 by dx100uk
Spacing

[dx100uk]

Ccj's cant be statute barred

 

So whats the debt all about and why did she not defend the ccj at rhe time?

[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.

 

Regards

 

Andy

[Andyorch]

Judgment debtor fails to return form N56

 

If the judgment debtor fails to return form N56 the court will serve him or her personally with form N61 (Order for Production of Statement of Means). The judgment debtor must ensure that the statement of means reaches the court office within 8 days of receipt of the order, or pay in full.

 

If the judgment debtor still fails to return form N56, or to pay, the court will serve him or her personally with form N63 (Failure to provide Statement of Means). This orders the judgment debtor to attend court at an appointed time to give good reason why he or she should not be sent to prison for 14 days or fined up to £250. The N63 also advises that if the debt is paid in full or the statement of means is returned to the court immediately, the judgment debtor may not have to attend the court.

 

If the failure continues the court will make an order for the judgment debtor to be arrested and brought before the court.

 

The court takes all these actions without any need for action by you.

[Zebedee]

Thank you for the replies - a bit embarrassing but i have more information from her now and it is for something else. She was taken to court over this debt but says she never got any paperwork (and didnt tell me about it) so there isnt much else we can do at this stage but fill in this form.

 

Thanks once again.

[dx100uk]

What form?

What something else

[Andyorch]

N61...should have been completed on receipt...how long have you had it ?