county court help

bdtbl

im hoping someone can help me here please as i dont know what to do, i have had a letter today off of a debt recovery agency saying that they are going to seek enforcement of an order that was made in the county court for over £500 for an outstanding vet bill, i have no knowledge of this as every vet bill ive ever had ive paid and it turns out this county court judgement is going back 10 years i never received any correspondence from any vets saying i owed anything and never received anything from the court at the time, what should i do as i havnt a clue and its the first i have heard of it??
also how can i defend something that was 10 years ago as obviously all the receipts etc are long shredded

DVardysShadow

You need to write and ask for details of the judgement. Once you have this, you may be able to make progress. Is it with a vet you recognise?

mr.ton

If no payment has been made in 6 years (as of today) then it is stat barred.
Whoever the DCA is - report them to the OFT & trading standards if they refuse to go away.

DVardysShadow

mr.ton wrote: »

If no payment has been made in 6 years (as of today) then it is stat barred.
Whoever the DCA is - report them to the OFT & trading standards if they refuse to go away.

Read the OP mr.ton

There is a CCJ so simple stat barring does not come into play. Given the possibility the debt is 10 years old and it is not the CCJ which is 10 years old, this one needs to be played more cautiously.

bdtbl

i have sent them this letter and ill have to wait and see what they come up with

Sirs I acknowledge receipt of your letter threatening enforcement of a county court order which you allege was made against me on xx/xx/xxxx.

I have no knowledge of any such order ever being made against me and I draw your attention to the fact that you have provided me with no evidence any such judgment exists.

I therefore can neither admit or deny any liabilty under this order whatever you might allege.

I draw your attention to Section 24 of The Limitation Act 1980 which I reproduce for your convenience in its entirey herein:

Limitation Act 1980
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.

I state hereby that no action has been brought against me in respect of this alleged county court Judgement within the relevant limitation period and that I have neither acknowledged nor made any payment against this judgment within the relevant period, I hereby also state that as a result any action under this judgment is permanently forbidden under the above statute and that I have no intention of making any payment against the amount claimed whatever my original liability.

In the event you attempt to instigate any legal proceedings for the enforcement of this judgment or attempt and/or succeed in selling this account on to a third party without making them aware of this claim herein that any debt is neither acknowledged or denied but that any alleged debt under this judgment is statute barred by the virtue of Sec 24 Limitations Act 1980 you may find yourselves not only the recipient of a stoutly defended claim but also the subject of litigation for damages against myself without further notice.

A copy of this letter serving you notice is sufficient proof that you have been made aware of both that fact and the fact I do not intend to make any payment on a voluntary basis whatever my original liabilty under this judgment might be proven to be.

Yours....