CCJ - Statute Barred

Mar198

Hi all,

First post here.

I've a question about a debt/some debts. These debts were default many years ago and in about a year or 2 will drop off my file as a default. However, I've noticed that in the meantime they have issued CCJ's.

What I need to know is can CCJ's become Statute Barred after the 6 year period. One website claims that they can, but I read otherwise elsewhere.

I don't live at the old address. So yes, kind of avoiding dealing with it until recently, this is when I checked my credit file and found out about this. I was actually going to contact the creditors as every year they email me a reminder.

I thought about setting up a payment plan of a low amount with the creditors or new owners of the debt, however, I want to if they are able to pursue me after the 6 years.

Thank you in advance.

Willing2Learn

I don't believe a valid CCJ can become Statute Barred

[Deleted User]

No, they can't.

mjm3346

They made need permission of the court to continue action but they do not become statute barred.

Once a creditor has a county court judgment (CCJ) for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment.

If your CCJ is more than six years old, and the creditor wants to use enforcement action, they must first get permission of the court.

Mar198

Thanks, guys.

So ignoring this is of no use to obtain Statute Barred?

My other questions therefore would be very simple. What are my chances of having the CCJ's removed on any basis at all? I was thinking of trying to have them set aside as I didn't recieve the CCJ's due to me not living at that address. I would even be willing to come to an agreements with the creditors but are they even able to remove them?

BoGoF

Did you tell the creditirs of your new address? If not it's going to be harder to get a set aside.

boo_star

BoGoF wrote: »

Did you tell the creditirs of your new address? If not it's going to be harder to get a set aside.

Not just harder, close to impossible.

Willing2Learn

Did your CCJ creditor do a credit search on any of the CRAs before applying for the CCJ? If they did, then I believe they should have used the up-to-date address recorded on your credit file(s). Sending the CCJ paperwork to an old address does not necessarily mean that there can't be a successful set aside. See the linked post below:

https://forums.moneysavingexpert.com/showpost.php?p=75445434&postcount=12

System

Mar198 wrote: »

I was thinking of trying to have them set aside as I didn't recieve the CCJ's due to me not living at that address. I would even be willing to come to an agreements with the creditors but are they even able to remove them?

Creditors are only legally required to serve any actions at the last known address they have on file. If you didn't update them with your new address they've not done anything wrong serving at your old address. CCJs can only be removed if paid in full within 30 days of the order being made so it makes no difference whether you come to an arrangement or not, the time to pay and get them removed has long since passed.

Willing2Learn

Tarambor wrote: »

Creditors are only legally required to serve any actions at the last known address they have on file. If you didn't update them with your new address they've not done anything wrong serving at your old address.

Sorry, but I do not believe that is necessarily correct.

[Deleted User]

Hi Mar198, a CCJ CAN become Statute Barred after 6 years have elapsed from the date it was granted, but you would be foolish to rely on this because if your creditors have gone to the trouble of obtaining CCJs against you, then they clearly intend to pursue you for the debts - and the cost to you will only go up with any enforcement action they take against you. You don't say when the CCJs were granted, what type of debts they are (some debts have different rules) or if you've ever admitted the debts, but I suggest you contact your nearest Citizens Advice office or National Debtline for free advice on how to manage this situation before making any contact with your creditors - just don't ignore it any longer.