Debt Questions forum. General questions on debt issues.

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ByPollyisa
#472689 Hi - I've just found out that a DCA is trying to contact me, using an old name and address from about 16 years ago. How enforceable is this debt likely to be, even if it is a CCJ? I haven't yet received any correspondence from them, other than the tracing agents saying the DCA is trying to get hold of me.

Obviously this is a bit concerning for me!
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ByJaneClack
#472690 Hello and apologies for the delay in replying.

If the creditor or DCA did not know a new address and applied for a court judgment from a previous address then the debt is still live. Depending on how long ago it was - ie if before 6 years ago - it can only be enforced with the leave of the court but the court would give them leave if they have only just found the correct address. You will need to check with the Registry Trust.

Otherwise if there has been no contact or payment towards the debt in the past 6 years then no legal action can be taken now as the debt is statute barred. National Debtline have an excellent factsheet on this which you cn find at www.nationaldebtline.org.uk
Bysally1
#472691 Hi Pollyisa,
It might be worth getting in touch with the DCA to see what they want. Be careful not to admit liability, but as the debt is so old either it is statute barred or they will have a CCJ so it is unlikely to make a lot of difference. Did you know that you had a debt at the old address? If not and they took you to court without your knowledge because you had moved, you could (believe it or not) apply for a set aside of the judgment! The Courts may not look upon your application to set aside with a lot of sympathy if you knew you had a debt and failed to give the creditor your new address, but if you didn't know about it until just recently, the law does allow you to apply for a set aside. However, if you wait to see if they try to enforce the debt it will be too late as you have to apply promptly once you know a CCJ has been granted. I would be quite surprised if they tried to enforce the debt after so long but stranger things have happened!
As Jane said, National Debtline have a good factsheet on the Statute of Limitations and also one on applying to have judgments set aside. Good Luck
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