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Need help with defensive after successfully setting aside ccj

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  • So it's not statute barred then if the account defaulted 03/12/2011 then they have up until 23:59 on 03/12/2017 to apply for the CCJ - which they did.

    So the debt wasn't statute barred at the time the CCJ was applied for.
  • sourcrates
    sourcrates Posts: 31,593 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 2 October 2018 at 9:51PM
    Default date is not always the cause of action date.

    What sort of debt was it ?

    If it was an overdraft then it would normally be the date the OD was withdrawn.

    Any other simple contract debt it would be the date of the last missed payment or written acknowledgement.

    A statute barred defence would be worded so :

    An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.
    Time has run out to collect on this account, under section 5 Limitations act 1980 this debt is statute barred.
    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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