TM Legal and old CCJ

[Mightyroyal5]

Hi

 

I had a ccj that has now dropped off my credit file that remained unpaid can this be taken to court again or can they still enforce it as the DCA in question keep sending me emails threatening the below. 

 

I just want to understand if they are just threating or if they can take the action they are stating. 

 

 

As you are aware, this account is subject to an active County Court Judgment and as you have failed to repay the outstanding judgment debt, it is now open to our Client to enforce that Judgment against you by one of the following methods:
 

• Warrant of Control (Bailiff Action)
• Attachment of Earnings
• Charging Order
•  

[AndyOrch]

They could try but its very doubtful they would be granted permission as the judgment is over 6 years.

 

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.

 

Andy

[dx100uk]

why are they using email? its just a free way to harass you, have they not got your current and correct address if you've moved since the CCJ and didn't inform the claimant?

 

dx