Summoned

AMBERSHADOW

I have been summoned to county court This Thursday for questioning for a debt that's a CCJ but I haven't paid anything on it at all... since it was taken out..


Its 8 years old now and I know its not covered by the statue bar so what can I do?


Sorry to say I don't work due to back problem and I don't claim benefits my husband works and pays everything and he has told me NOT to fill in any details about payment s going out of the house due to it NOT being his debt and its nothing to do with them his business..
So the form I have is really blank or crossed out as I can't enter any details


I would be grateful for some advise please..

National_Debtline

Hi Ambershadow


It is very important that you attend this hearing as to not do so could see you at risk of a prison sentence (this will have been made clear in the papers you received). It may just be a matter of you turning up to declare that you have no income of your own and therefore no disposable income, and that your husband pays all household bills out of his income. You will need to declare any assets you own in your sole name or jointly e.g. a house. If you have been asked any extra questions beyond the standard list, or asked to bring any specific documents, please ensure you answer and comply.


You already appear to understand this but it's worth confirming - the CCJ is 8 years old and will no longer appear on your credit report, but regardless of its age the creditor can still seek an order to obtain information. If, as a result of this hearing, they reach the conclusion that there was some enforcement action worth taking against you e.g. a bailiff warrant, they would need to get specific permission from the court to do so.


It is possible that they have taken these steps simply to determine whether it is worth pursuing the debt any further at all. From what you have said above, it may well not be.


Dennis
@natdebtline

JasX

I'm confused by this one

I thought 'statute barred' rendered any debt unenforcable in court after the 6 year period...

BUT if it's already been thru court and a judgement issued, do those judgements then become statute barred too? or are issued court judgements different?

iolanthe07

Once a CCJ is issued the debt is no longer statute barred, IIRC.

National_Debtline

Hi JasX


CCJs themselves cannot become statute barred. Even if they could, the debt would still exist and payment could still be sought. A hearing to obtain information can be sought at any time in theory as it is not "action" or "enforcement" in this context.


Enforcing a CCJ that is over six years old can only be done with the court's permission. This is covered by the county court rules, as opposed to the Limitations Act.


The wording of the Limitations Act is not terribly clear where existing judgments are concerned, and can cause confusion.


Dennis
@natdebtline

AMBERSHADOW

Thank you so very much for your help. I will be attending and this will be the second time the last was same time last year, So I presume they are checking that circumstances haven't changed...


I don't expect them too in the future either I don't work and have nothing of my own that was taken from me when my husband walked out on me then returned I had to sell everything I owned..


I now suffer from depression and back problems so cant stand for very long..

fatbelly

This is the form they will use (I think this is still the current one)

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex140-eng.pdf

The key is that it has to be accurate on the day it is completed

Bear in mind they will be looking at:

assets like a car (with a view to instructing bailiffs)
earnings (with a view to an attachment to earnings)
owned houses (with a view to a charging order)
bank accounts (with a view to a third party debt order)

Marktheshark

Ask the judge to mark the CCJ time served if it is 8 years old, put forward the case that this is an 8 year old CCJ and they are abusing the court attempting to intimidate you in to paying money you quite clearly do not have.
At 8 years old the judge should really show them the door.

AMBERSHADOW

It's not a Judge I see it's a court clerk, Last time I tried to make this clear it's an old debt and I don't have any facility to pay so why do they keep asking me to attend then charge me another 50.00 for the privilege .. Each time this happens they claim court costs when they know I have nothing to pay with..


I don't own house I don't have car everything is in my husbands name and he has quite plainly told me NOT to list anything that he pays.. so the form is nearly bare.. As he says its none of their business his details or what he pays the debt is nothing to do with him

fatbelly

Sounds like a complete waste of their time and money