I have a debt that is over six years old but have found out that a ccj was issued for only two months payments

[exploringdebt]

I have found out that a ccj was issued in Northampton 5 and a half years ago for a few hundred pounds for a couple of missed payments on a loan that I stopped paying. The ccj wasd not for the total debt amount ( thousands) .

 

The debt ompany had made an agreement with me, which I kept to , then they sold it on and the new company wanted to renegotiate everything - this would of caused issues with my ability to service my other creditors who I made an agreement with ( I continued to pay over six years all my agreements that I made , to those that kept to the agreements) so I stopped making payments ( in hindsight perhaps I shouldn't have but I was really angered by them.)

 

 

If I pay the ccj for a few hundred pounds now , will the remainder of debt be able to be called statue barred or have I to pay it all( or wait another six years), can the company repeatedly fast track their ccj's through Northampton with the aim of getting me to pay more than once and the court fees and solicitor fees repeatedly.

 

Lots of issues here which my research has opened more questions that answers - I would like to know where I stand legally before contacting anybody

 

thanks

 

exploring debt

[i hate bailiffs]

when was the last payment to the CCJ debt

 

If the CCJ is nearly 6 years i would keep my head down till it falls off

 

if they not enforced it in 6 years they would have to go back to court with it but that is rarely if ever given

[exploringdebt]

I have never made a payment to the ccj - It was only from some unopened mail in a clear out that I came aware of it - I took a extended holiday overseas for a year about six years ago and only found out about the ccj relatively recently. I have been wondering about it for a while now - but it is now more than six years since I stopped paying the debt agreement, so I thought that I should investigate my position

[citizenB]

So the Claim was purely for the arrears (the 2 months missed payments) ?

 

If there was a payment plan in place when the debt was sold originally, then the new owners were bound by that arrangement until any review was due. So you might have been able to fend off any claim had you been aware of it and defended.

[citizenB]

If you have not made any payments toward the part of the loan that was not subject to the CCJ, then I would say, yes.. if it is longer than 6 years since the missed payment and you have not admitted liability either in writing or verbally then it is statute barred.

[exploringdebt]

Citizen B - thanks _ I hope you are correct. I have not made payment to the CCJ or non ccj'd part of the loan( the largest part by far).

 

I am happy to pay the CCJ, I believe that a ccj has no time limitations on it, but am really worried that by doing so I would start the clock on the other part of the debt, which has had no correspondence from me or payment for in excess of 6 years

[huggy41]

i do love it when i can post this.

 

section 24 Limitation Act 1980

 

Time limit for actions to enforce judgments.

 

(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.

 

 

this applies to ccj's as well

Edited January 15, 2013 by huggy41

[dx100uk]

ignore it its gone.

 

once a debt is barred its barred it cannot comeback

 

as for the CCJ, it would need to be re-activated by the CLAIMANT

 

and that is VERY VERY VERY rare.

 

dx