statute-barred or not??

ThePoshCat_2

fermi wrote: »

It isn't.

There is nothing to prevent the creditor obtaining a County Court Judgement before the six years is up, even if the debtor has moved without leaving a forwarding address or does not respond. In that case they would obtain a judgement by default.

If that CCJ had been obtained within the 6 years, then the Limitation Act would not then apply.

If the creditor has not bothered to do this to prevent the Limitations Act applying to the debt, then it can become statute barred.

EDIT: Anyway, the Limitations Act does not "clear the debt". It simply sets out a time limit within which the creditor can take legal action to recover the debt.

The creditor would need to show to the court that they had tried to ascertain the current whereabouts though otherwise the papers would not be deemed to have been served and then limitation comes back into play.

fermi

ThePoshCat wrote: »

The creditor would need to show to the court that they had tried to ascertain the current whereabouts though otherwise the papers would not be deemed to have been served and then limitation comes back into play.

No. Not correct.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved).

You would need to be able to prove that you had informed the creditor of your new address, and had still not received the papers.