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CCJ 13 years ago Help needed


teed_off
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Hi All

 

Hope am in the right place for this post.

 

I need some clarification please.

 

 

THe story goes...

 

 

. if a company took you to court in 1999 and never enforced the judgement.

 

 

You then sent a SAR in 2009 as they started hastling you to obtain the court reference and case number and

 

 

then they referred you to original lender so you sent them a SAR and they returned your postal order

stating they did not have any info about you on their system as the debt had been sold etc.

 

 

My question is this can this company take me to court a second time to obtain another CCJ

when they have failed to provide information when they were sent a SAR?

 

Hope that makes sense!

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Hi Teed_off and yes you are in the correct forum:wink:

 

They cant get a second judgment on the same debt...they will struggle to enforce the first considering its passed 6 years (Statute of Limitations)

 

Regards

 

Andy

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The fact that they (allegedly) failed to comply with a SAR does not bar them from bringing court proceedings.

 

The fact that they already have a CCJ does bar them from bringing new court proceedings in relation to the same debt (and in any event it would be statute barred by now).

 

There is no statute of limitations on CCJs, so in theory they could still enforce the 1999 CCJ. However, court permission is required to enforce a CCJ after six years and they would need to show very good reason why the CCJ was not enforced until now.

 

Personally I would leave this alone. No point chasing up the SARs as I am not sure what they are supposed to achieve. Probably best not to enter in discussions about it.

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The fact that they (allegedly) failed to comply with a SAR does not bar them from bringing court proceedings.

 

The fact that they already have a CCJ does bar them from bringing new court proceedings in relation to the same debt (and in any event it would be statute barred by now).

 

There is no statute of limitations on CCJs, so in theory they could still enforce the 1999 CCJ. However, court permission is required to enforce a CCJ after six years and they would need to show very good reason why the CCJ was not enforced until now.

 

Personally I would leave this alone. No point chasing up the SARs as I am not sure what they are supposed to achieve. Probably best not to enter in discussions about it.

 

 

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, Counrty Courts would not normally allow enforcement.

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  • 2 weeks later...

Apologies for not getting back sooner than this mainly due to hospitals etc etc.

 

Thanks to all who have responded, I do however have a couple of things to say.. The reason I requested SARS was to obtain the court case reference number so that I could complete (forget the number of the form) an N???? to have the case transfered to my local CC on basis that I was not given the opportunity to put in a defence.

 

If they cannot give me this case ref for the CC, how can they enforce the judgement? Furthermore they seem to think its was a different CC than the one they used 13 years ago. There is nothing on the Ministry of Justice website in my name and the court they used 13 years ago well their records only go back to 2001. This goes back to my questionS, how can they enforce the original judegement without a case ref number and can they take me to court again for the same debt?

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Why would you want to do anything with it...as stated its over 6 years old...they have no information pertaining to the judgment.........I personally would just ignore the hassling until they try to litigate.

BTW a DSAR would not give any information on the CCJ...ref no/ court etc.

 

Regards

 

Andy

We could do with some help from you.

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They cannot enforce, as there is no active CCJ in existence. Enforcement is only possible for a 6 year period from the date of judgement, after which the claimant would have to go back to court to seek an extended period, which is unlikely to be given this late in the day.

 

They cannot seek a new CCJ for the same issue.

We could do with some help from you.

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