A bit confused

Gilchro1

Hi all, my first proper post despite having been a lurker.

I am not in a big debt problem myself (apart from the b****y mortgage) but I am in a bit of a quandry.

My mother got herself in to a bit of bother with her own business and all post coming to the house was hidden away and nobody ever saw them again until last year when we fell out and I sorted it all out. Unfortunately, much of my own mail was still going to the house at that time and some of it went awol too. My OH is a solicitor and for a bit of amusement today, put my name in to the credit checking software and discovered a CCJ on my file from 2001 that I know nothing about. She is taking the information home with her tonight and I will get it all for tomorrow.

My problem is,

1) Is it still an outstanding amount due or is it purely the fact that a judgement is against me,

2) If I contact the court about it now to find out about it, will I come within the 6 year rule for acknowledging debts or will that not apply.

Thanks all in advance

fatbelly

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.

Suggest you phone the court to get as much info as you can, then consider a 'set-aside' application - claim form incorrectly delivered. Your OH may be able to help!

Gilchro1

Thanks for your help