Notice of App for attachment of earnings help urgent please

DVardysShadow

RAS wrote: »

This is what NDL say.
County Court Judgments

INFORMATION
If the creditor has been to court and there is a county court judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court; the county court judgment will still exist. However, the creditor may not be able to enforce the judgment without the court's permission if the judgment is over six years old. Phone us for advice.

Difficult one this. I think that the creditor have protected their position correctly by going to court and getting the ccj - in the absence of the debtor. Now quite correctly, the debtor can apply to have the judgement set aside - but that does not mean that the judgement is reversed, it just means that the judgement is struck out and both sides get their chance to put their case again. Now although it is outside the 6 years, if the judgement is set aside, the creditor still get to put their case, because they applied for the ccj within the 6 years and it is fair that they should get their day in court.

If there is a new ccj against the debtor, then the 6 year clock for recovery will run from the date of the new judgement. Or so it would seem to me.

10past6

The court system in this Country is deeply flawed, it's not set up to be user friendly, neither does it protect LIP (Litigation in Person) :mad:

DVardysShadow

samf1971 wrote: »

I guess you're right, she did have the ability to make me think that I was about an inch high and must have just made all this up though

People who really know their stuff in general do not make you feel 25mm tall. It is the ones who really are clueless who do that.