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old debt

A water company is saying I owe them money from over 12 years a go 2004 but didnt apply for a ccj untill 2011 now they a threatening to go back to court to get it enforced if I do not pay ...
can they do this or is it already statute barred ?

Comments

  • sourcrates
    sourcrates Posts: 31,828 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    cand56 wrote: »
    A water company is saying I owe them money from over 12 years a go 2004 but didnt apply for a ccj untill 2011 now they a threatening to go back to court to get it enforced if I do not pay ...
    can they do this or is it already statute barred ?

    Once statute barred, always statute barred, however as legal action has been taken, your only option would be to apply to have the judgement set aside on the basis it was statute barred at the time of judgment.

    However, that will cost you £255.00, and as five years have past, you may have trouble convincing a court it was reasonable to set this aside.

    How much is the debt for ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi cand56


    If you feel you have grounds for setting aside this CCJ as referred to above, you may find the following information useful:


    https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • cand56
    cand56 Posts: 4 Newbie
    Fourth Anniversary First Post
    Thank you for your replies so far.....The debt is for £273 but the water company did not apply for the ccj untill 7years after. I have read somewhere that they have 6 months from date of non payment to apply so I dont know if that is correct or not does anyone know ? if so then it was statute barred when they applied surely ?
  • StokieBecks
    StokieBecks Posts: 4,997 Forumite
    Part of the Furniture 1,000 Posts Photogenic Xmas Saver!
    Did you make payments at any time between 2004 and 2011?
    £2 Savers Club for 2022 #12
  • cand56
    cand56 Posts: 4 Newbie
    Fourth Anniversary First Post
    No I was not even aware I had this dept. I moved to another part of the country and the house was demolished some years a go as part of the area regeneration.
  • sourcrates
    sourcrates Posts: 31,828 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    As I said, now a CCJ. has been granted, if you wish to challenge this, you have to apply for a set aside.

    I think it would be cheaper to just pay the debt, or make them an offer to settle.

    Other option is wait and see if they escalate the matter, or if it's all hot air.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • If you pay off the debt now, the CCJ will be gone from your credit file next year, but it will be marked as satisfied in the meantime.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
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