CCJ Help Interesting One

andyblack

Hi guys

did a credit check of my file today and noticed i had a CCJ issued against me on 12/05/2014 but i feel that this debt was Statute Barred on 27/03/2014 interested keep reading

Line of events

Credit Card Opened: 08/01/2008
Last Payment Or Acknowledgement : 27/03/2008
Default Applied: 02/07/2008
CCJ Granted: 12/05/2014

I believe the CCJ was granted incorrect on a Statute Barred debt for the following reasons.

I called bwlegal today who told me the Statute Barred time limit will start from the date of the default applied and not the last payment or acknowledgement i know this is not the case as a default is not classed as a "cause of action" but as a "procedural matter" this can be found under the case law

Swansea City Council vs Glass [1992] A11 ER 680
supported by
West Bromwich Building Society v. Wilkinson and another [2005] UKHL 44

I also called bwlegal in May of 2014 and they went through a income and expenditure questions with me but at no time did I make any form of payment or make or make arrangement to pay or acknowledgement of the debt in writing.



Am i correct in thinking that the CCJ could have been issued incorrect and could have chance of being removed?



Note i have made NO form of payment or acknowledgement in writing since 27/03/2008


Any help or advice would be great

glentoran99

They may have applied for the CCJ before the time limit

andyblack

glentoran99 wrote: »

They may have applied for the CCJ before the time limit

Thank you for your reply

I asked them them on the phone and they confirmed they applied after the statute barred date of 27/03/2014.

They also claimed when i contacted them back in May 2014 and did a income and expenditure questions. They classed this as acknowledgement of the debt I informed them that this was not classed as acknowledgement as that could only be done by way of payment or in writing according to the Limitation Act 1980

I have not made any payment or contact in writing since 27/03/2008

Thrugelmir

Open to interpretation.

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments.

andyblack

Thrugelmir wrote: »

Open to interpretation.

Thank you for your reply

I found the information here https://forums.moneysavingexpert.com/discussion/3531741

Edit:

Im going off the fact that they are telling me that the Statute Barred dates starts from the date of the default applied on 02/07/2008.And not the date of the last acknowledgment of the debt in form of payment or in writing.

Which is incorrect in what they are telling me I have never made a single payment or acknowledgment in writing since 27/03/2008.

I would like to see what evidence they have to show that i did make payment or send a letter in writing or via email. Iv only ever made 2 phone calls in relation to this 1 in May 2014 and 1 today which is not classed as acknowledgment.

So from what i can see this debt is Statute Barred on 27/03/2014 they admitted to me via phone call. Which i recorded that they applied for the CCJ after 27/03/2014

Thrugelmir

When were proceedings initiated? This date isn't the critical one - CCJ Granted: 12/05/2014.

andyblack

Thrugelmir wrote: »

When were proceedings initiated? This date isn't the critical one - CCJ Granted: 12/05/2014.

I do not have the exact date i did not note it down but if i remember it was applied for in April or May

Am i wrong in understanding that the CCJ is only enforceable once it is granted and not when the submit the application?

if that is the case then im sure im correct in what im saying and will be seeking some form of compensation

Im also not aware where a DCA has won a case in court where a default applied to a credit file restarts the statute barred clock

Tixy

If you believe the debt was statute barred before they commenced court action then you would need to apply for the CCJ to be set aside.

If a court agrees with you then the judgement would be set aside. But that wouldn't entitle you to compensation.

There is little to be gained from debating the the limitation act with the debt collectors after the CCJ has been granted.

I presume you did not respond to the court papers originally?

Thrugelmir

andyblack wrote: »

I do not have the exact date i did not note it down but if i remember it was applied for in April or May

Wouldn't have been May. The claimant has to submit the claim to the Court for processing. The court then sends this out and allowing for 2 days in the postal system, the defendent has 14 days to respond. After which a hearing date is set.

andyblack

Thrugelmir wrote: »

Wouldn't have been May. The claimant has to submit the claim to the Court for processing. The court then sends this out and allowing for 2 days in the postal system, the defendent has 14 days to respond. After which a hearing date is set.

Thank you for the clarification they did admit to me on the phone that it was applied for after the statute and barred date. So not sure how long after.

I still fail to see how they would have been able to provide any evidence that the debt was not statute barred. As i never made any I contact by payment or in writing during the 6 years

I do not think they have done this out of spite but may be down to a simple administrative error.

But still when does the CCJ become enforceable from the date of the application is submitted to the court or when the CCJ is granted by the judge?

Edit:

I also spoke to both national debt helpline and also civil legal advice and both told me the same thing that the CCJ is incorrect

Tixy

I still fail to see how they would have been able to provide any evidence that the debt was not statute barred. As i never made any I contact by payment or in writing during the 6 years

They won't have needed to. If you did not defend the court claim the the court will grant the judgement. They court would not question or look in to whether the debt might be covered by the limitation act, they simply grant the CCJ by default.

But still when does the CCJ become enforceable from the date of the application is submitted to the court or when the CCJ is granted by the judge?

A CCJ does not exist until the date of judgement so cannot be enforceable before that date.
However in terms of the limitation act if a debt is enforceable on the date the creditor commenced court action (i.e. not statute barred at that point), then it won't become statute barred before the judgement date.