CCJ raised after statute barred - now threatening me with baillifs 2yrs later

Dr_Crypto

There was a consultation about default judgements last year or the year before. Not sure what the outcome was. 

twhitehousescat

Dr_Crypto said:

There was a consultation about default judgements last year or the year before. Not sure what the outcome was. 

maggie May stuck here nose in it to gain publisity in the daily mail last year , or year before  , regarding default ccj s from private parking co s , it fizzled and died before the paper was used to wrap chips 

MEM62

sourcrates said:

MEM62 said:

Well they must have had some evidence to bring before the court.  Did you defend the case in court or have you allowed them to gain an unchallenged judgement by not engaging?  

Evidence is only required if the defendant asks to see it.

As things stand, you can make up any old lie about someone owing you money, put down an old address deliberatly, and if the defendant does not defend the claim, you win by default, and could potentially send in bailiffs to collect that debt, the court says you owe, even if it never existed.

That`s why so many CCJ`s are granted by default because they go undefended, either because they are ignored, or because paperwork is sent to an old address, or occasionally to an address not associated with the defendant at all.

I appreciate that and there are many posts on these forums from people wanting guidance to deal with CCJ's where they did nor defend their case.  I am wondering whether the OP did or didn't and, if not, why not?  

HampshireH

MEM62 said:

sourcrates said:

MEM62 said:

Well they must have had some evidence to bring before the court.  Did you defend the case in court or have you allowed them to gain an unchallenged judgement by not engaging?  

Evidence is only required if the defendant asks to see it.

As things stand, you can make up any old lie about someone owing you money, put down an old address deliberatly, and if the defendant does not defend the claim, you win by default, and could potentially send in bailiffs to collect that debt, the court says you owe, even if it never existed.

That`s why so many CCJ`s are granted by default because they go undefended, either because they are ignored, or because paperwork is sent to an old address, or occasionally to an address not associated with the defendant at all.

I appreciate that and there are many posts on these forums from people wanting guidance to deal with CCJ's where they did nor defend their case.  I am wondering whether the OP did or didn't and, if not, why not?  

The OP said

" I only became aware of the CCJ when my mortgage in principle was refused on Monday. The debt company sent letters apparently  to an address I no longer lived at in 2018"

How would they have defended it when they say theydidn't know about it?