update on old cj

Happydude5265

Hi I have an update on an old cj . As stated in a prior thread the cj is an old one . Lowell have come back to me and said Although the cj is over 12 years old it is a cj this means the judge has found you liable for the account and the time for you to dispute this debt has long passed as such we are unable to investigate further .
Before the ccj was entered letters would have been sent out to your address and you would have been given the opportunity to contest , you did not!
AS SUCH WE MUST STRONGLY ADVISE IF YOU NOW WISH TO CONTEST THIS ACCOUNT AND CCJ YOU WILL NEED TO ENGAGE LEGAL REPRESENATION AS YOU HAVE BEEN PROVEN ALREADY IN COURT TO OWE THIS MONEY .

I did as i was told and sent them a letter although not acknowledging the debt i sated the cj was in excess of ten years old and no payment had been made for 9 years. I stated this ccj is at least 12 years old and no contact was made while the ccj was on file for 6 years or the four years since it came off my credit file as such i believe as no contact or attempt was made to collect the debt in over 9 years in its current state it is not enforceable 

any suggestions what i should now do? ignore or start payment plans 

backinbusiness

Oooft.  Cheeky scoundrels.  Ignore.  Keep your money.  They've had their time to pursue this.  BiB x 

fatbelly

Ignore. It's not that the judgement is unenforceable but that it is only enforceable by specific order of the court - if indeed the judgement ever existed.

It is unlikely the issuing court still has any records on this so their chances are zero.

sourcrates

Although CCJ`s do not become statute barred, they do become unenforceable after 6 years.

The 6 years can be extended by a court, but the creditor must apply for this before the original judgement expires, and any extension can only be for a maximum of 12 months.

The court may have found you liable, but time limits exist on enforcement action, and the time on this has run out long ago, your argument is not about acknowledgement, or liability, what Lowell say is technically correct, but they have conveniently left out the fact that further enforcement action is not possible due to the passage of time.

Lowell have no where to go with this, and will now rely on you believing what they do.

Happydude5265

I have now set up standing orders for the other debts which the have eventually accepted , initially accepted then spoke to me via chat saying the SO payments need to be higher so i just stuck my heals in and they finally agreed . With regards to the old ccj , They said again i owe it and they would like to hear the valid legal argument i have in not paying it , i have not answered this and said anything further on that debt would be put in writing , as so what do you suggest as they said as long as no payment or arrangement on it is made phone calls ,letters and emails will persist after 30day 

fatbelly

I don't see why you should train them in legal matters. They obviously need it but it's not your responsibilty.

Concentrate on enforceable debts

Happydude5265

fatbelly said:

I don't see why you should train them in legal matters. They obviously need it but it's not your responsibilty.

Concentrate on enforceable debts

fatbelly said:

I don't see why you should train them in legal matters. They obviously need it but it's not your responsibilty.

Concentrate on enforceable debts

I suppose what i am asking is they could take me back to court for the debt and  could i get a new cj or at worse a bailiff on the door or attachment of earnings , not sure if its worth just making a token payment to stop them doing it as there seems to be a risk they could go back to the court ?

MorningcoffeeIV

Happydude5265 said:

Happydude5265 said:

fatbelly said:

I don't see why you should train them in legal matters. They obviously need it but it's not your responsibilty.

Concentrate on enforceable debts

fatbelly said:

I don't see why you should train them in legal matters. They obviously need it but it's not your responsibilty.

Concentrate on enforceable debts

I suppose what i am asking is they could take me back to court for the debt and  could i get a new cj or at worse a bailiff on the door or attachment of earnings , not sure if its worth just making a token payment to stop them doing it as there seems to be a risk they could go back to the court ?

No.               

fatbelly

They could try buy they would not be successful.

That debt is of a lower priority than your others so there is no point making even a token payment.

sourcrates

Happydude5265 said:

I suppose what i am asking is they could take me back to court for the debt and  could i get a new cj or at worse a bailiff on the door or attachment of earnings , not sure if its worth just making a token payment to stop them doing it as there seems to be a risk they could go back to the court ?

No, none of that is possible, the Limitation act is quite clear on this -

"Sec 24 Time limit for actions to enforce judgments".

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Lowell will tell you whatever makes their position look more favourable, no matter how untenable and full of holes that argument may be.

Just stick to the facts, you won`t go far wrong.

Limitation Act 1980 (legislation.gov.uk)

fatbelly

Feel free to also quote CPR 83.2

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2