CCJ Help Interesting One

andyblack

Tixy wrote: »

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.


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.

Thank you very much for the information it has been a big help they admitted they did not apply for the CCJ until after the statute and barred date

Looks like i shall apply to get it set aside and see where i can go in terms of compensation for applying a CCJ to a statute and barred debt

MrSilk

And this ladies and gentlemen, is why you should pay back what you owe. The next six years aren't going to be easy for you in the credit world.

andyblack

MrSilk wrote: »

And this ladies and gentlemen, is why you should pay back what you owe. The next six years aren't going to be easy for you in the credit world.

Thank you for passing judgement in regards to my situation

tinkerbell28

andyblack wrote: »

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

In this case I'm really hoping they've done the usual thing and got in before SB date by a hairs whisker and they did actually apply before SB date.

Looks like someone who set out to play the system in the start. Run up a credit card, with full intention of never paying it anyway. 2 months in stop paying, or acknowledging, really?

TheSilverStag918

tinkerbell28 wrote: »

In this case I'm really hoping they've done the usual thing and got in before SB date by a hairs whisker and they did actually apply before SB date.

Looks like someone who set out to play the system in the start. Run up a credit card, with full intention of never paying it anyway. 2 months in stop paying, or acknowledging, really?

As some one who has run through the whole statute barred thing before I can safely say to you:

Although I understand your gripe - and that many people do attempt to abuse and kick a fuss when it goes wrong - this is not a judgement we should be vocalising.

We do not know the depth of trouble someone behind a forum question is in and we are not here to judge - in fact, if you had said this to me quite a few years ago - it would have been very harmful. Some of us do not financially adapt well to bereavement, job loss and well, bad things happening to us.

Myself - after a bereavement - became an unfunded carer to a family member and thus became unable to work for years - you try telling an agent that you can afford about £3.00 a month towards your debts. Things are up now, my credit rating is seemingly brilliant and god forbid I will never have to not work again.