Statue Barred & CCJ's Question

[TheWatcherxx99]

I have two debts for students overdrafts taken out around 2001.

 

#1

 

I have not paid anything towards this debt or acknowledge it for about 10 years. I have received a few letters regarding it but binned them all. There is no CCJ for this debt.

 

Am I right in thinking it is eligible to be statue barred?

 

#2

 

I have a CCJ for another student overdraft account. The CCJ is dated April 2006. I have paid nothing and not been contacted about this debt for over 6 years.

 

Does there come a time when this CCJ can be written off? What is the life time of a CCJ?

 

Thanks for reading.

[cerberusalert]

Am I right in thinking it is eligible to be statue barred?

I'm afraid not, it is the new style student loan which doesn't become SB.

I have a CCJ for another student overdraft account. The CCJ is dated April 2006. I have paid nothing and not been contacted about this debt for over 6 years.

A CCJ doesn't become SB unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

[TheWatcherxx99]

I'm afraid not, it is the new style student loan which doesn't become SB.

 

A CCJ doesn't become SB unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

Thanks for the reply. I don't understand your answer.

 

Debt #1 is just a regular account with a bank with an overdraft feature not a loan through the student loans company.

 

Debt#2 I just don't understand the answer: "A CCJ doesn't become SB unless they enforce it within six years they will have to apply to a court for permission to do so however;"

 

thanks

[cerberusalert]

Debt #1 is just a regular account with a bank with an overdraft feature not a loan through the student loans company.

In that case it will be SB.

 

 

A CCJ doesn't become SB but the right to take enforcement action does unless they apply to a court for permission to do so. Because of sec 24 quoted above a judge would not give permission unless there had been fraud involved.