old cj

Happydude5265

Hi, Had a letter off lowell about three weeks ago stating amount of debts . I agreed with all but one and that has me confused They say the cj is from 2006 and they want it paid . They have said its been removed form file and public register due to age . Do I acknowledge this and bung it in with the others i am paying ?

jlfrs01

Take a read of this article about CCJs which aren't subject to statute barring in the same way as other debts over 6 years old are:

https://beatmydebt.com/news-articles/can-a-ccj-be-statute-barred

In your position I would not acknowledge this and say that as it's over 6 years old you consider it to be statue-barred as any other debt would be. If they want to pursue the debt it'll take a fair amount of effort on their part and they may simply not bother, particularly if it's not a large amount. Besides, there is no guarantee a Court would agree either. 

Happydude5265

jlfrs01 said:

Take a read of this article about CCJs which aren't subject to statute barring in the same way as other debts over 6 years old are:

https://beatmydebt.com/news-articles/can-a-ccj-be-statute-barred

In your position I would not acknowledge this and say that as it's over 6 years old you consider it to be statue-barred as any other debt would be. If they want to pursue the debt it'll take a fair amount of effort on their part and they may simply not bother, particularly if it's not a large amount. Besides, there is no guarantee a Court would agree either. 

Hi, The amount is for £520 , what i do not want then to do is take me back to court or do an attachment of earnings , I was was thinking of seeing if they would  accept reduction All they said with regards this debt was unlike the others its been removed from files and register and has expired and they will wait to here form me with regards to what i intend to do about it  

jlfrs01

I doubt they'd go to Court without notifying you of their intention to do so. It may be if you parrot back to them what they said to you, (that as it has been removed from file and register and expired) and ask they remove it, they may well agree, you don't know until you ask. That they've implied it's written off may mean that's what they are expecting but they've mentioned it on the offchance you'll cough up. If they write back (and I'd do all of this on email or letter to create a trail now you and they are engaged in a dialogue), and say they won't accept that and will apply to the Court for enforcement, etc then that would be the time to make a goodwill gesture to save the Court's time of say 30% for example. They may negotiate you up and if you agree on a final figure then so be it. Otherwise I guess the worse case scenario is the full £520 is added to the total to be repaid.

sourcrates

Just to make things clear.

The debt cannot ever become statute barred, as legal action was taken, that removes the right to use the limitation act as a defence permanently.

However, a CCJ must be enforced within 6 years of the judgement date, after that time, it becomes unenforceable, which is different legislation to being statute barred under the limitation act.

A creditor can extend the period the judgement applies for, by up to a year on average, but they must apply before the initial 6 year limit expires.

The time limits have run out in all cases here, so this debt is just another non essential debt, with the added bonus that Lowell cannot use legal action to force you to pay.

fatbelly

jlfrs01 said:

Take a read of this article about CCJs which aren't subject to statute barring in the same way as other debts over 6 years old are:

https://beatmydebt.com/news-articles/can-a-ccj-be-statute-barred

Not sure who they are but that article is not very well written. Probably better to use National Debtline resources