ccj and time

twhitehousescat

link financial are claiming they took court action and initiated a ccj back in 2009 . and would now like there money , they are stating a santandare / store card approx £1000 

never banked with santandare , never had a store card . however . something sticks in my mind , that I have had dealings with link in the past 

seems an awful long time , 2009 till now , , do they have to say "pretty please" or is it a case of them doing one 

MovingForwards

If they want to enforce the judgment they have to go back to court and ask permission.

@sourcrates and @fatbelly will be well placed to offer guidance in this situation.

twhitehousescat

thank you ,that is what i thought , and informed them , however they disagree 

fatbelly

Well, if they disagree the court is the place to test that.
There seems to be some debate about where the relevant legislation is.
Bailiffs seem to believe it's in the Limitation Act:
https://thesheriffsoffice.com/articles/enforcing-judgments-beyond-6-years
The rest of us think it's in various bits of the civil procedure rules, e.g.

Should a judgment creditor fail to enforce a judgment or court order within 6 years, then, in accordance with CPR 83.2.(3)(a), they require the permission of the Court to take any action against the debtor. However, judgment creditors should be wary that the permission to enforce the execution of a judgment or court order over six years old is not a ‘mere formality’ and sufficient reasons for the delay in enforcement must be given.
The general rule is that execution will not be allowed after six years (Society of Lloyd’s v Longtin [2005] EWHC 2491) and that it is for the judgment debtor to prove that is demonstrably just to extend the six year period (Duer v Frazer [2001] 1 W.L.R 919).

Anyway it seems to be generally accepted.
National Debtline referred to some court cases in this old thread
https://forums.moneysavingexpert.com/discussion/4823417/ccj-expired-and-am-now-being-issued-an-attachment-of-earnings-order#post63812734