Statute Barred Limitation Act 1980 & Default advice?

bery_451

fatbelly wrote: »

That doesn't make sense. If you still have the judgement can you post the full sentence.

Also, in what way are they pursuing this?

Yes the full sentence is:


DEFENDANT BEING UNEMPLOYED


EX PARTE


IT IS ORDERED THAT


Attachment of Earnings (127V0771) be adjourned generally with liberty to restore.


What it means in layman terms?

fatbelly

bery_451 wrote: »

Yes the full sentence is:


DEFENDANT BEING UNEMPLOYED


EX PARTE


IT IS ORDERED THAT


Attachment of Earnings (127V0771) be adjourned generally with liberty to restore.


What it means in layman terms?

It means that the stupid creditor tried to get an attachment to earnings (the employer would be ordered to make payments straight to them) from someone who WAS NOT EMPLOYED.

The court accepted that this was an impossibility at the time but, as the creditor had already paid the application fee they can apply to reinstate the attachment to earnings at any future time, without paying a further fee.

bery_451

fatbelly wrote: »

It means that the stupid creditor tried to get an attachment to earnings (the employer would be ordered to make payments straight to them) from someone who WAS NOT EMPLOYED.

The court accepted that this was an impossibility at the time but, as the creditor had already paid the application fee they can apply to reinstate the attachment to earnings at any future time, without paying a further fee.

So this CCJ judgement has no expiry and can be re-applied anytime in the future? The only way to stop this debt is payment meaning no statute barred or anything can stop this debt?


Can they or court change the judgement to repossession etc?


Also lets say I get a job and in employment. How does the creditor know I landed a job?

sourcrates

bery_451 wrote: »

So this CCJ judgement has no expiry and can be re-applied anytime in the future? The only way to stop this debt is payment meaning no statute barred or anything can stop this debt?


Can they or court change the judgement to repossession etc?


Also lets say I get a job and in employment. How does the creditor know I landed a job?

Usually after the expiry of 6 years, if a creditor wanted to enforce a judgement, they would need to go back to court to do this, and it would be unlikely they would succeed.

However this may not be so in your case, because of what you have described, the creditor would not know if you started work or not, if you have not heard anything in six years, I doubt you will ever.

bery_451

sourcrates wrote: »

Usually after the expiry of 6 years, if a creditor wanted to enforce a judgement, they would need to go back to court to do this, and it would be unlikely they would succeed.

However this may not be so in your case, because of what you have described, the creditor would not know if you started work or not, if you have not heard anything in six years, I doubt you will ever.

Yeah I had this CCJ nearly 10 years ago. From this CCJ I never heard from them since.


So you saying CCJ judgement lasts for 6 years and after 6 years the creditor has to go court again for a new CCJ?


From what I said can you confirm that this debt has died out and wont come back to life in the future? I just wanna move on from the past without the past catching up on me.

sourcrates

bery_451 wrote: »

Yeah I had this CCJ nearly 10 years ago. From this CCJ I never heard from them since.


So you saying CCJ judgement lasts for 6 years and after 6 years the creditor has to go court again for a new CCJ?


From what I said can you confirm that this debt has died out and wont come back to life in the future? I just wanna move on from the past without the past catching up on me.

You can never say never, but if they have not bothered you in ten years, I doubt they ever will !!

fatbelly

bery_451 wrote: »

So this CCJ judgement has no expiry and can be re-applied anytime in the future? The only way to stop this debt is payment meaning no statute barred or anything can stop this debt?


Can they or court change the judgement to repossession etc?


Also lets say I get a job and in employment. How does the creditor know I landed a job?

I agree with Sourcrates. As this was 10 years ago it sounds like the creditor had a go at enforcing it, failed, and gave up.

To answer your questions, judgements have no expiry date unless the judge adds one.

Statute barred applies to the time limits a creditor has to commence court action so, no, this doesn't apply in your case.

A creditor would only know about your job if you told them, or if they asked the court for an information order.

Other forms of enforcement are available but there is separate case law to show that this should commence within six years of the judgement.

bery_451

Ok understood, thanks.