county court judgement

[mag60]

I received a county court judgement in 2006 which was accepted. I never heard from them for 6 years now a company has taken it on and is demanding money; can any one advise me what to do.

[ims21]

Thread moved to Legal Issues

[AndyOrch]

Hi Mag 60

 

The CCJ is now too old to enforce as it exceeds the 6 year limit (Statute of limitations) only with the permission of the Court can the Claimant execute the CCJ.

(But check the dates as this is the 6th year)

 

Regards

 

Andy

[mag60]

Thank you for your advice can you explain how I go about this I do not know what to do. Yes I will check the date d I have to get in touch with the court regarding this

[AndyOrch]

Check your dates what month in 2006? who is the now trying to collect?

 

Andy

[Gaston Grimsdyke]

They only need permission of the court if they intend instructing bailiffs. If they want to enforce by other means, like attachment of earnings or charging order, there is no time limit. So you need to address the issue.

[AndyOrch]

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.

[Gaston Grimsdyke]

Incorrect. Court permission is only required to issue a warrant of execution, any other form of enforcement does not require permission. County Court Rules 1984, Order 26 Rule 5.

[AndyOrch]

Hi Mag

 

To be able to offer further advice you must confirm the month in 2006 and the company that is making demands.

 

Andy

[Gaston Grimsdyke]

All that means is that you have to use the county court for enforcement (you can't for example use your own bailiffs). It doesn't mean you have to also ask permission to enforce first. You are correct though that you can avoid enforcement by making a payment plan, either directly with the creditor or by applying for an instalment order through the court. I think the creditor would much prefer a payment plan rather than enforcement. Even better - if you could rustle it up - they would take a lump sum payment of a fraction of the debt in full and final settlement.

[debbbbsy]

Hi,

 

Has this new company applied to the court to have themselves substituted as the claimant ?

 

They would need to do this before they can further enforce the CCJ.

 

Even on judgment debts, the lender must provide statements annually. CCA 2006 ammendments.

 

If you do not own your own home, they cannot further enforce with a charging order.

 

As for Bailiffs, they can only enter your home with your permission.

 

If I were you, don't ignore them, but on the other hand don't allow them to intimidate you. Get them to provide you with a copy of the judgment order and proof that they legally own this 'Alleged' debt, if they don't have it they can do nothing. See what they have first.

 

Debbie