Debt Questions forum. General questions on debt issues.

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Bybankwell
#163306 Hi not sure what to ask! over 7 years ago my husband and I split, he declared himself bankrupt. I have now received a letter from a company from which we took a loan from asking for to repay a rather substantial amount of money. My ex husband suggested it would be statue barred, but the company are saying no as it has a ccj against it, is there anything I can now do as they are about to approach my employers. I would appreciate any help. Thanks
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ByNicky
#163378 Unfortunatley, if the account has a CCJ against it, then the debt will still be legally recoverable and will not be statute barred.

If there is a CCJ on the account, then I would suggest trying to vary the payment to an amount you can realistically afford. If this is £1 per month, then that is what you offer.

You will need to fill in a Variation Order form to offer the payment. Unfortunatley, as this debt is still owed, you will need to try to repay it if Bankruptcy is not an option for you.
ByRahl
#163796 You might be able to get it set aside because of illegal charges, then slap on a statute barred after that. Also they need a signed as certified true copy of the original ccj with legible and correct signature of the court officials and legible county court stamp, you need a copy of them from these people.
The judge will want to know why they havent enforced the ccj in the 6 years . The ccj can go on indefinetely yes.. if they show good reason why they couldnt enforce it in 6 years, ie you hiding from them. So after 6 years, he needs the permission of the court again to enforce the ruling , he cant go approaching your employer before that . That is if the ccj is over 6 years old, Im not sure from post. Otherwise, yes.. he can get an attachment to earnings ( .
Bysimj2
#165470
Rahl wrote:You might be able to get it set aside because of illegal charges, then slap on a statute barred after that. Also they need a signed as certified true copy of the original ccj with legible and correct signature of the court officials and legible county court stamp, you need a copy of them from these people.
The judge will want to know why they havent enforced the ccj in the 6 years . The ccj can go on indefinetely yes.. if they show good reason why they couldnt enforce it in 6 years, ie you hiding from them. So after 6 years, he needs the permission of the court again to enforce the ruling , he cant go approaching your employer before that . That is if the ccj is over 6 years old, Im not sure from post. Otherwise, yes.. he can get an attachment to earnings ( .


There appears to be a common misconception that all county court judgements are enforceable forever.

However there are certain circumstances where ccj's fall under the statute of limitations, ie, "section 24 of the statute of limitations act" , sub section 1.

Let me give an example:

1) If a judgement is entered against a debtor for say £2000, the then pays say £1000 over 3 years, then stops paying, for whatever circumstances and the creditor loses contact, If after 6 years from the last payment the creditor has not taken further action to enforce the judgement then it becomes statute barred under section 24. of the limitations act.

In reality this does not happen too often, however considering the boasts that many creditors make with regards to the tracing of debtors, and lets face it nobody really drops completely of the radar, then after 6 years from the last payment then it comes under sec: 24


http://www.swarb.co.uk/acts/1980LimitationAct.shtml
Bysimj2
#165478
bankwell wrote:Hi not sure what to ask! over 7 years ago my husband and I split, he declared himself bankrupt. I have now received a letter from a company from which we took a loan from asking for to repay a rather substantial amount of money. My ex husband suggested it would be statue barred, but the company are saying no as it has a ccj against it, is there anything I can now do as they are about to approach my employers. I would appreciate any help. Thanks



This may be of help to you.

http://www.swarb.co.uk/acts/1980LimitationAct.shtml

Please see my earlier answer
Bybankwell
#166382 As instructed I have asked for a copy of the CCJ but Link Asset do nothave this and have told me to approach the court for a copy myself, can I do this?
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ByYogi Bear
#166383
bankwell wrote:As instructed I have asked for a copy of the CCJ but Link Asset do nothave this and have told me to approach the court for a copy myself, can I do this?

If you've got the original case number, you could contact whichever Court it was and ask, yes. But otherwise, records of CCJs are only kept on file for six years from the date of the judgement.

But if Link don't have a copy of it themselves (or any other evidence of it apart from a claim that there was one), then they can't enforce it. :?
BySirPercyBlakeney
#166385 Firstly, given that neither OP nor her ex apparently knew about the CCJ, so it will have been a default judgment. They could apply to have it set aside on the grounds that they did not receive the original claim paperwork, and were thus unable to submit a defence or counterclaim.

This would mean that Link would have to go to court again and start a new claim. Such a case will provide an opportunity to look in more detail at exactly what is being claimed, to make sure there are no unlawful charges, or charges contrary to the OFT guidance, and to ensure that Link have the appropriate paperwork, such as a properly executed, valid agreement.

Secondly, was the loan not included in the bankruptcy, or is the DCA trying to pursue this on the basis of joint liability?
Bysimj2
#166405 If this was for a joint loan, the the OP should have been named as a co-defendant on the original county court claim..

If this is the case and they were not named as a co-defendant , then section 5 of the limitations act applies.
Bybankwell
#166668 I have recived a copy of the CCJ dated 18th October 2000 in my name only, it also states the amount required plus cost less 7.42 I have already paid.... but as far as I am aware I dont know when that was paid, if reading correctly before the judgement was made. How would I deal with this now, do I seek legal advise or go direct to the court, there is an adress for payment on the ccj for a solicitor.

Thank you so far for your help.
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Byrameses_qc
#166692 It would be hard to get it set aside unless you have evidence that it was obtained wrongly (i.e you do not owe the debt) or you have a defence which is likely to succeed. These are the 2 main things that the Judge will look for.
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ByYogi Bear
#166693 To answer your original concern, I don't think the creditor can just go and get an Attachment of Earnings Order for your employer. Firstly, because the CCJ is now over six years old, and secondly because it sounds as if they haven't got a copy of it anyway.

However, that doesn't solve the problem of what to do about the debt itself. I think personally you would be wise to seek legal advice on it. You can't use the solicitors named on the form, because they presumably still represent the creditor - but many CABx offer specialist legal advice sessions, or you could see if a local solicitor with experience of debt issues would give a free half-hour consultation.
ByRahl
#166971 I have recived a copy of the CCJ dated 18th October 2000

That is it then. Section 24 applies. They can't go approaching your employer. If the judgement is not enforced for a period of 6 years then no further action can take place without the permission of a district judge.

But that is no problem, they wont get that unless you have been in hiding or incognito .

Surprised the court dug you out a 7 year old ccj thou.
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