Statutory demand includes 6.5 yo CCJ

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  • fatbelly
    fatbelly Posts: 20,595 Forumite
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    If you are not a property owner then one option is to call their bluff and see if they will lodge a petition against you.

    If you were considering bankruptcy anyway it will save you the £680 fee.

    Issuing a SD costs them nothing but the petition will cost them £1000 +, so they will need to be pretty sure that a good chunk is coming their way. If you have any other debts then those are treated equally with theirs, and if the OR runs up any fees then those are taken ahead of the creditors. It could be that even with 3 years of Income Payments, they get nothing and the debt is written off.
  • sourcrates
    sourcrates Posts: 28,925 Ambassador
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    There seems to be a lot of conflicting advice on this thread, so just to clarify, county court judgements do not become statute barred, ever.


    The only exception is if no enforcement action has been taken in the previous 6 years, and they then wish to enforce it against you, in those circumstances, they would need the courts permission to do so.

    This situation does not apply in your circumstances, as you have been paying the judgement debt, so the 6 year limit is completely irrelevant to you, as enforcement action has already been taken.

    Your efforts now need to be concentrated on how to respond to the SD.
    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
  • fatbelly
    fatbelly Posts: 20,595 Forumite
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    sourcrates wrote: »
    There seems to be a lot of conflicting advice on this thread, so just to clarify, county court judgements do not become statute barred, ever.


    The only exception is if no enforcement action has been taken in the previous 6 years, and they then wish to enforce it against you, in those circumstances, they would need the courts permission to do so.

    This situation does not apply in your circumstances, as you have been paying the judgement debt, so the 6 year limit is completely irrelevant to you, as enforcement action has already been taken.

    Your efforts now need to be concentrated on how to respond to the SD.

    Or if to respond.......
  • sourcrates
    sourcrates Posts: 28,925 Ambassador
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    edited 2 September 2018 at 4:08PM
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    fatbelly wrote: »
    Or if to respond.......


    Yes exactly, if Bankruptcy would be no barrier to you, then let them waste their money.
    To be honest, one form of insolvency is pretty much the same as the others, except they go a little bit deeper into your affairs in bankruptcy.


    You appear on the insolvency register until discharged, there are certain jobs you cannot do, and of course if you own a house its not the option for you, but otherwise life continues pretty much as before, the days of shame and stigma have long gone, its just a means to an end nowadays for most people.
    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
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