Debt recovery agency - 6 year limitation

MrsTinks

Yes the court would contact him at the last known address when the CCJ is being applied for telling him to attend court etc. If he's moved and not informed his creditor of the move then there is every chance a CCJ - if there is one - will stand. Once there is a CCJ the debt won't be statute barred (well it can but if your OH has moved and failed to inform his creditors then it's easier for them them get permission to pursue the debt out of the SB period if they can prove they have tried to contact him to recover the money) and one day it WILL catch up with him. Dealing with it NOW will be far more beneficial than when say you come to try and buy a house together... Nothing like trying to get the mortgage approved and a few days later finding bailiffs on your doorstep because they have founfd him.

Sorry to be blunt but he needs to step up and find out if there are CCJs and any debt that isn't statute barred he needs to deal with and pay - I assume he spent the money after all...

fermi

If the DCA is at the stage of "threatening" litigation, then they clearly do not have a CCJ already.

So forget about that.

As for a CCJ that they might start a claim for now; as the debt is clearly statute barred as on the 4th (under any definition), then you can defend any future claim on the basis that the debt is now statute barred and unenforceable via the courts.

You have proof that they know your current address now, so any claim the now issue must go to your current address. So you would know about any claim as the forms would go to your current address. If they did send them to an old address and got a CCJ in error, since you have proof they know the correct address and the debt is statute barred, then you could get any CCJ "set aside".

fermi

CWM wrote: »

hypothetically if he never had sent the statue barred letter though and never made an enquiry how does the ccj find him does the court do a mail out to all know address or certainly the most recent and previous on his creidt file??

Utterly irrelevant now though.

- There is VERY clearly no CCJ yet.
- The creditor/DCA knows the correct current address, which you can prove.
- The debt is clearly now statute barred and so legally unenforceable.

Unless there are any facts that you have not made us aware of, then the debt is unenforceable.

If the DCA continues to threaten action or presses for payment now, then report them to TS/OFT etc....

CWM

Your information has been so very useful and i am very grateful to you for answer all my queires i can not thank you enough. Kind regards x:j