Old judgment 1998/1999 - is it still enforceable?

[justiceforall]

An old old debt has come back to haunt me. For the record, I have not responded to the debt collection agency (DCA) and have at this stage, no intention of doing so. However, if this is the 'debt' I think it is, it seems to have been purchased by another DCA. The last correspondence I had with the previous DCA was, I think, over 10 years ago.

 

What I need to know first is this. Is an old judgement (probably 1998/1998) still enforceable even after years of no-one chasing it and even if another debt collection agency has purchased the debt?

 

What I then need to know is this. Can I request the court to set aside this judgement given the following facts:

 

Firstly, the previous DCA never sent me notice of going to court - and I mean I had no knowledge of the CCJ before it came through my letterbox. This was 1998 or 1999 if memory serves - I can't remember exactly but that feels about right. At that time I had no knowledge of debt collection guidelines or that I could have gone back to court within 30 days to request a set aside.

 

Anyway, I did start paying as per the CCJ but it became impossible to keep up. So in the early 2000s - I can't remember exactly - I managed to get the court to reduce the repayments on the CCJ to £1.00 per month. The DCA was furious, became abusive, and continually threatened to go back to court. As far as I remember, they never did. However, eventually I sent a series of letters asking them to write off the debt as there was no realistic prospect of my ever repaying it in my lifetime at £1.00 a month. They repeatedly refused. Eventually I wrote saying I would no longer be paying the £1.00 per month and I invited them to take the matter back to court where I was happy to argue my case including that they had not had the courtesy - as per debt collection guidelines - to inform me they were going straight for a CCJ. I heard nothing more from them and as time went on I thought no more about it.

 

However, I have now received 2 letters over the past 6 months from another DCA (the latest yesterday) and the amount of the debt appears to have doubled if not tripled. Their approach is that they are 'aware' that this account is subject to a CCJ but it is their aim to agree an affordable and flexible repayment arrangement etc etc. I have not responded and have no intention of doing so.

 

Given that I am now retired and on a basic state pension and in receipt of guaranteed pension credit, my circumstances are the same, if not slightly worse than they were when I wrote to the former DCA telling them I would no longer be able to pay the £1.00 per month.

 

The next question therefore is, do I keep ignoring this new DCA or do I stand any chance of getting the court to set aside this judgement based on the fact no-one has chased it for 10 or more years? Alternatively, what advice can anyone offer?

 

PS: I think that once a CCJ is in place that one cannot argue statue barred even though it's well over the 6 year period.

 

Thanks for your time.

[AndyOrch]

Ignore the new DCA justiceforall ...the Judgment has passed its 6 years date and therefore cannot be executed without permission of the court.

The Statute barred limitations stopped on the issuance of the claim.But the limitation still applies to enforcement purposes.

 

Regards

 

Andy

[justiceforall]

Thanks for your swift response Andy, but ye olde braincells are rusty these days and I'm a little confused by what you wrote. I wonder if you could clarify the following point?

 

It is my understanding that once a creditor has a CCJ for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment, although as you intimated, if a CCJ is more than 6 years old, and the creditor wants to use bailiffs or High Court Enforcement Officers, they must first get permission of the court.

 

The question is, can I still use the Limitation Act 1980 Section 5 clause: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Assuming that the cause of action was the CCJ?

 

Many thanks.

[fkofilee]

Check noddle. See if the CCJ has dropped off

 

I suspect it has. Is this Lowell or Cabot? Or one of their rent a lawyer?

[fkofilee]

Thanks for your swift response Andy, but ye olde braincells are rusty these days and I'm a little confused by what you wrote. I wonder if you could clarify the following point?

 

It is my understanding that once a creditor has a CCJ for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment, although as you intimated, if a CCJ is more than 6 years old, and the creditor wants to use bailiffs or High Court Enforcement Officers, they must first get permission of the court.

 

The question is, can I still use the Limitation Act 1980 Section 5 clause: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Assuming that the cause of action was the CCJ?

 

Many thanks.

 

You could but you run the risk of them saying that its not covered under CCJ etc... Because while the Stat Barred clock stops, if the creditor hasnt enforced it for 6 years and sold it on, 2 things need to happen.

 

They need to get their name changed on to the CCJ to even enforce this and also the judge WILL ask why no action was taken.

[AndyOrch]

The question is, can I still use the Limitation Act 1980 Section 5 clause: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Assuming that the cause of action was the CCJ?

 

NO the cause of action was the breach/default....the relevant judgment since supersedes any agreement and therefore the type of limitation differs also.

 

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.

 

 

Limitations with regards to enforcing a judgment or executing a judgment once the 6 years period has passed ....

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. 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.

 

 

 

Regards

 

Andy

[justiceforall]

Check noddle. See if the CCJ has dropped off

 

I suspect it has. Is this Lowell or Cabot? Or one of their rent a lawyer?

 

The CCJ dropped off about 6 years ago. If I remember correctly they stay on your credit file for 6 years? So there's no CCJ showing on my credit file as far as I'm aware.

 

Many of these DCAs seem to be affiliated to each other but it's neither of the two you mention.

[dx100uk]

So who got the ccj and who is chasing now

[justiceforall]

So who got the ccj and who is chasing now

 

Not sure it's a good idea to mention other DCAs on a public forum, but I can tell you categorically that the people who got the CCJ way back - 1999 if I remember correctly - are not the same people chasing the debt now.

[AndyOrch]

Not sure it's a good idea to mention other DCAs on a public forum, but I can tell you categorically that the people who got the CCJ way back - 1999 if I remember correctly - are not the same people chasing the debt now.

 

Thats fine...its irrelevant anyway to your post and question.

 

Andy