Statute Barred & CCJ's

[gaja212]

Hello,

 

Just looking for some advice, hope someone can help!

 

In 2001 I received a CCJ from Lloyds TSB regarding an unpaid credit card debt. Once the CCJ was issued, I never paid anything to it and wasn't pursued either. The CCJ has since expired on my credit file and i have had finance from TSB since. However, recently I have received letters and calls from McKenzie Hall, whom state they have purchased the debt from TSB. Because of the time elapsed I thought it would be statute barred, but I have been told that this does not apply to debt where a CCJ has been issued. What action can they take against me? Can I really still be pursued for this and what are the possible consequences? Any help would be appreciated as its taken me many years to repair my credit file!

 

Thanks.

[gaja212]

Anyone?

[Guest Old_andrew2018]

Hi Gaji,

Have you responded to McKenzie Hall in any way, I am no expert however IMHO, a ccj will not expire, I believe they may have to go back to court, again I am no expert, but am sure that an experienced member will be along soon.

[rameses_qc]

Hi Gaji,

Have you responded to McKenzie Hall in any way, I am no expert however IMHO, a ccj will not expire, I believe they may have to go back to court, again I am no expert, but am sure that an experienced member will be along soon.

 

Mac Hall (or Eff Hall) will need to explain to a District Judge why the CCJ has not been enforced within six years from the date it was granted. they will need a good reason before the Judge will allow any enforcement.

[IdaInFife]

Above is correct they would need to go back to court to re-

inforce the CCJ.

 

But you can still send them a CCA

 

Consumer Credit Act template - Consumer Wiki

 

 

Ida x

[Percival Wigglesbottom]

They might not know there is a ccj on it, I wouldn't tell them. Send a statute barred letter too.

[ukaviator]

A CCJ is never spent, and the court could enforce it at their discretion even after 6 years has passed, although they would need to show a valid reason it took so long to collect the debt. If you move and try to conceal your new address, then the limitation period may start from when the creditor finds out where you have moved to.

 

It could be construed as being statute barred once a debt is six years old, and you dont need to do anything, as a court cant issue a judgment.This is wrong , you always need to defend a court action. How much are you looking at to clear the debt?

[gaja212]

The debt is around 1k. When I spoke to McKenzie Hall I got the impression they had no idea about the CCJ, so maybe going down the Statute Barred route may help?!

[ukaviator]

I would treat this as if they know about it, and coming after you for the money. The next step could be a charging order on your property. You could ask them for a copy of the Notice of Assignment, that should prove if they know about it.

[gaja212]

Forgive my ignorance, what is a Notice of Assignment?

[Guest forgottenone]

It's the letter/allocation notice instructing you the debt is being transferred to a third party eg to a DCA. Which they are supposed to do before selling it or passing it on as a legal requirement - don't always, however. If I got that wrong, forgive me. Am a learner.

Edited July 15, 2008 by forgottenone