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Ccj from 2011

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  • fatbelly
    fatbelly Posts: 22,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Les79 wrote: »
    Seems very strange this one...


    I'm by no means an expert, but hopefully someone with more knowledge will pick up the points.


    Basically, I believe that it is difficult for debts to be chased after 6 years:


    - If the last payment to the company was in 2011 (or there was no payment and this was when the monies were issued) and the CCJ issued in Nov 2018 then there may be good grounds to have the debt statute barred because it is over 6 years old.


    - If the last payment was in 2011 and the CCJ issued in Nov 2011 (your post doesn't make that explicitly clear but it doesn't appear to be this case that it was Nov 2011) then the CCJ would have dropped off your son's file by now.


    So it just seems a bit odd..... More so because of how long it took for the company to chase the debt??


    I think you'd need some legal advice on this one. Either that or just accept that your son has messed up here. A "life lesson" one would say.


    Again, this is slightly out of my remit RE: advice so please do your own research on top of my post and assume that it could be wrong.

    I took it from the OP's post that the loan was taken out in 2011 and the ccj awarded Nov 2018. We don't know when the last payment was, or any acknowledgement history or even when the court claim was started.

    My guess is that the claim started in summer 2018 just before the six years elapsed. It would certainly be worth the OP checking the relevant dates to see if there is a case for set aside but at this stage he would need 'a defence with a reasonable chance of success'
  • To answer the question posed he should pay off what he owes and understand that really really wanting a new car is a long way from needing or being able to afford one.

    And please, when he asks you to be guarantor, just say no.
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