Backdoor CCJ for old CAp1 DEbt being chased by Capquest after 13 years

[Wonderwall1]

Well after 13 years of no communication with any of my old creditors/ DMC's,  today I had a call from Capquest about a Capital One debt!!!

 

They said a CCJ was registered in 12/07.

 

I didnt acknowledge anything, I merely obtained a reference and postal address.

 

Section 2.4 of The Limitation Act states no action can be taken after 6 years. 

 

Am I correct and what's the best letter to send them?

 

Thanks

[dx100uk]

sadly a CCJ 

1 stops the SB clock

2. is not part of the limitation act as its a court judgement.

 

however, failure to enforce a CCJ within 6yrs makes it very difficult for them do so and ofcourse would have to return to court the court via your objection would no doubt refuse them.

 

it's just some phone jocky trying their luck that you might be a mug and fund their xmas party drinks bill.

 

IMHO you need do nothing 

did you give them your current and correct address?

 

[Wonderwall1]

Hi,

 

No, I did not, I made sure of this. 

 

I want to send them a letter (and advised them this on the phone) but not sure what to send them!!!

 

Thanks

 

I set up my own Ltd company in March 2019 and the registered address was always my accountant.

 

When I changed accountants in May this year I needed to give an address in Wales (I now live in Northern Ireland and it couldn't be used apparently), I changed it to my dads and obviously this is available through Companies House.

 

They have found his number this way I think, but I may be wrong lol.

 

[dx100uk]

its an extremely stupid idea to go off radar 

thats why you got this CCJ

 

other than informing them of you correct address in WRITING 

there is nothing else you need to do or state.

 

i have never known an enforcement hearing to succeed on a CCJ outside of 6yrs that has to date not been already enforced BUT as the court wont know your address ...it might well succeed.

 

it is a very stupid idea to run away from debts.

 

 

 

 

 

 

[Wonderwall1]

The CCJ was issued in 12/07, the address was an ex-martial home that was empty.

 

I did not go off radar, my circumstances led to no fixed abode for a good 3 or 4 years.

 

There was no way I would of known the CCJ was issued.

[dx100uk]

good

however i was reading your old thread 

Advice to move forward in life...... - Debt management and Debt self-help - Consumer Action Group

particularly post 8 

 

pers i'd  write simply informing them legally of your correct and current address.

ref their ref number xxxx

 

then you are bullet proof

 

dx

 

 

 

[Wonderwall1]

Thanks. OK 

 

I suppose once I give them my current address its down to them to seek permission from the court to enforce the CCJ?

 

Or do I invite them to do so on my correspondence?

[dx100uk]

nope said 3 times what to do and not.

 

should they try , the court will write first.

as long as the debt owner has your correct and current address.

 

but i've never heard of it for a ccj of that age.

 

dx

 

 

 

 

[Wonderwall1]

Ok, thanks for your help & advice.

[Will Goodfellow]

Section 24 of the Limitation Act 1980 applies to CCJs being enforced after six years:

 

"24 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."

 

https://www.legislation.gov.uk/ukpga/1980/58/section/24

 

However, if enforcement action is unable to be undertaken within those six years or enforcement action has been taken but was unsuccessful, leave from the court can be obtained to enforce after the six year limitation. It depends on what action has been taken to enforce the CCJ when the limitation period expires as to whether or not the court will grant leave. It's difficult to do but not impossible. Considering the limitation period for CCJ granted on 12/2007 expired on 12/2013, there is a 7 year gap from the end of the limitation period expiring. The creditor would need an extremely good reason why it has not been enforced before now such as you living in a country which does not have reciprocal enforcement agreements.

 

 

[Wonderwall1]

Thank you. As an update, I did a Trust Online search which came up with nothing obviously. I then rang Nottingham County Court and they said that as its so old they can't even give me any details as they changed computer systems and they don't/can't get any details on the CCJ even if they wanted too.

[Will Goodfellow]

Capquest doesn't have a hope in hell of enforcing the CCJ unless there are extreme mitigating circumstances. They are most likely trying their luck in you being worried enough by the letter to pay without question.

[Wonderwall1]

Thanks. I will update this as it moves along, which hopefully won't be far.

[Wonderwall1]

On 06/12/2020 at 15:01, Will Goodfellow said:

Capquest doesn't have a hope in hell of enforcing the CCJ unless there are extreme mitigating circumstances. They are most likely trying their luck in you being worried enough by the letter to pay without question.

Hi Will,

 

Should I write to them asking them to stop calling quoting the fact that it is unenforceable?

 

I did send you a PM.

 

Thanks

[Andyorch]

Please do not seek advice PM.......please read the Forums Rules and guidance.

 

Andy

[Wonderwall1]

1 minute ago, Andyorch said:

Please do not seek advice PM.......please read the Forums Rules and guidance.

 

Andy

My apologies, I PM'd as I felt as if I was persecuted on some replies in this thread and didn't want to make matters worse.

 

Thanks 

[Andyorch]

I'm sorry you felt that given there are only 3 users posting....please contact me if you have any further queries.

 

Andy