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Debt from the past returns!


ck101
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So what are they going to enforce it against...as you state you have nothing ?

 

Whos bankruptcy petition completed paid and sent off ?

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My wife is quite i'll i cannot have here worried about bailiffs knocking on the door and harassing her if im out picking up children. So my wife bankruptcy petition has been sent off. it will not affect us or her in any way, so its worth it for the peace of mind.

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Ah okay...so you didnt follow our advice and fight them...you filed your wife's Bankruptcy Petition.

 

I Follow now as your last post was incomprehensible.

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Please do as we are not aware of it.......a Judgment Creditor must seek the courts permission to enforce a Judgment after 6 years if its not been previously executed within the 6 years after being granted judgment.

 

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.

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The pages they gave are headed

 

[HOUSE OF LORD] and reference a case between

 

LOWSLEY AND ANOTHER

 

AND

 

FORBES (TRADING AS L.E. DESIGN SERVICES)

 

1998 April 21,22,23

JULY 29

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I always assume that case was with regards to the recovery of interest and not a right of action ?

 

http://www.bailii.org/uk/cases/UKHL/1998/34.html

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So ...if I have this correct...both yourself and wife are now Bankrupt...you have no assets or property.....so what are they going to enforce the judgment against that the Judge allowed yesterday?

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I always assume that case was with regards to the recovery of interest and not a right of action ?

 

http://www.bailii.org/uk/cases/UKHL/1998/34.html

 

With my basis understanding, i can't see how that case is relevant.

 

It concerns suggestions of fraud, concealment of means to pay the judgement and interest.

 

I wonder about whether they should appeal, if the Judge has made a mistake agreeing that this case applies when it doesn't.

 

Has the bankruptcy been thought through. Any joint property assets etc.

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No property etc.. we are comfortable. i work from home and my skills are always in demand (multiple offers of work per month) , house rented, car leased, wife has no bank account and works for me

 

My biggest concern is my wife's heath, i don't want her stressed.. so bankruptcy is probably good for us! Plus my dad is terminally ill and has

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No property etc.. we are comfortable. i work from home and my skills are always in demand (multiple offers of work per month) , house rented, car leased, wife has no bank account and works for me

 

My biggest concern is my wife's heath, i don't want her stressed.. so bankruptcy is probably good for us! Plus my dad is terminally ill and has

 

I accept that ck and you have our sincerest sympathies ...but it does not answer my last post...why would a judgment creditor go to all that expense to push this through court when there is nothing to execute the judgment against ?

 

Are they going to role up like the Keystone Cops and find they have had a wasted journey ?

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The people involved i think are quite bitter (even though they made many many times the original debt in profit from our company, almost 1 million pounds turnover went though them!) ..,

 

court costs came to over £1700.. I just received the bankruptcy order (next day) and i've sent it to them!!

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With a mortgage debt isn't it 12 years that they can chase you?

 

Yes ..but what has that got to do with this problem Surfer ?

 

This is with regards to a Judgment and limitations of execution .

 

Andy

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handed keys back to mortgage company for our house.

 

October 2009 company took myself and my wife to court for £13K debt.

Did not fight as we were out of the country.

Myself and my wife Received CCJ.

 

Wife became pregnant with twins was very ill.

 

 

Above they are referring to the mortgage company chasing them for outstanding debt if I have read it correctly.

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But the debt/judgment is about " ALF a pet store distributor."

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Above they are referring to the mortgage company chasing them for outstanding debt if I have read it correctly.

 

Will whoever is appointed to handle the bankruptcy want to include this mortgage debt, even if 6 years have passed since the CCJ ? I suppose the complication is that the mortgage debt was joint.

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