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Surely they can't apply for a CCJ if the debt is older than 6 years, unless this is just in a statute barred situation, I had a debt, it wasn't for much monies but they said themselves in the letter I received that it couldn't be taken to court as the time limit had passed.
The way I read it is that the debt is not SB, so the creditor could take you to court 5 years and 364 days after the default in which you get a CCJ that could stay on your file for another 6 years.
If the debt is not statute barred (i.e. some payment etc has been made within the last 6 years) then a CCJ can be applied for.
Statute barring is a separate process to accounts dropping off your CRA on the 6 year anniversary and it does not automatically follow that a debt which defaulted more than 6 years ago is always statute barred. It depends on the conduct of the account in that 6 year period.
So yes - an account which defaulted more than 6 years ago could in theory still gain a CCJ. Primarily this is likely to happen if any form of payment (or acknowledgement) of the debt was made in that period.
Its not clear from the OP whether this applies to them or not.
