CCJ dates - little confused ...

Apollo14LMP

Hello - I am dealing with a letter from Cabot which states they have a CCJ for £440.00 for my wife sent to an old address ... OH is unwell so I am helping her ... 

They state the CCJ was obtained 05 April 2018 - so would the CCJ die off today ? or ?

I know they dont die CCJs (even those unchallenged sent to an old address) but I have been told that they would need to go back to court to enforce the CCJ at a new address or any address after 6 years is that correct ? also been told that not many succeed in getting the CCJ extended ... 

Would have defended or engaged with the process but Cabot using the old address back door to get an advantage ... Why they go to court in the first place and then do nothing for 6 years is a bit beyond me ... abuse of court use all the time these people ... 

Thank you ....

sourcrates

CCJ`s are subject to the limitation act, but not section 5, which governs limitation periods.

They are covered by 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.

Any extension order must be applied for prior to the judgement expiring, not after, so Cabot are out of time now to enforce this.

Apollo14LMP

Thank you .. have a nice weekend ... 

Nasqueron

Apollo14LMP said:

Hello - I am dealing with a letter from Cabot which states they have a CCJ for £440.00 for my wife sent to an old address ... OH is unwell so I am helping her ... 

They state the CCJ was obtained 05 April 2018 - so would the CCJ die off today ? or ?

I know they dont die CCJs (even those unchallenged sent to an old address) but I have been told that they would need to go back to court to enforce the CCJ at a new address or any address after 6 years is that correct ? also been told that not many succeed in getting the CCJ extended ... 

Would have defended or engaged with the process but Cabot using the old address back door to get an advantage ... Why they go to court in the first place and then do nothing for 6 years is a bit beyond me ... abuse of court use all the time these people ... 

Thank you ....

It's not a "back door" to get an advantage, they are legally allowed to serve to the last note address on file, they shouldn't need to pay for searches just to serve papers. If the debt is real then it would be a service (or maybe parking ticket?) supplied to an old address and it's the responsibility of the person to update their address e.g. changing an address on the V5 for a car should be done by the RK and/or to use a redirection service for mail.

The CCJ will disappear from the live credit file yes, though it might take a bit longer to show off the free services

Coupon-mad

Nasqueron said:

Apollo14LMP said:

Hello - I am dealing with a letter from Cabot which states they have a CCJ for £440.00 for my wife sent to an old address ... OH is unwell so I am helping her ... 

They state the CCJ was obtained 05 April 2018 - so would the CCJ die off today ? or ?

I know they dont die CCJs (even those unchallenged sent to an old address) but I have been told that they would need to go back to court to enforce the CCJ at a new address or any address after 6 years is that correct ? also been told that not many succeed in getting the CCJ extended ... 

Would have defended or engaged with the process but Cabot using the old address back door to get an advantage ... Why they go to court in the first place and then do nothing for 6 years is a bit beyond me ... abuse of court use all the time these people ... 

Thank you ....

It's not a "back door" to get an advantage, they are legally allowed to serve to the last note address on file, they shouldn't need to pay for searches just to serve papers. If the debt is real then it would be a service (or maybe parking ticket?) supplied to an old address and it's the responsibility of the person to update their address e.g. changing an address on the V5 for a car should be done by the RK and/or to use a redirection service for mail.

That's incorrect (the parts in bold).

But just to say, this OP's case isn't about a parking charge because Cabot aren't members of the BPA or IPC trade bodies, so Cabot cannot get involved in parking cases.

A soft trace costs from 28 pence (the lowest I've seen) up to a couple of quid at the most, for a bulk litigator to use a CRA service to trace a new address.

The CPRs say a Claimant must take steps to check the address before suing.

Using the last known address from years ago and not paying the peanuts needed for an address trace is easily argued to be unreasonable conduct on the part of the Claimant. 

Parking firms have to do a soft trace.

The burden doesn't fall upon the consumer because 'soft traces' are mandatory in the Codes of Practice and it's specified in the (soon to be implemented) Statutory CoP which will kick the BPA & IPC versions into touch.

Re claims in general - like this one, non-parking cases:

If a claim isn't properly served within 4 months of filing it then the claim is expired. Time barred. 

There is a wealth of case law used in the parking forum to help posters to lead a Judge to realise that set aside applications are mandatory where an old address was used without steps being taken by the Claimant to check for tuppence with a CRA before litigation.

Judges are obliged to set aside CCJs and dismiss entire claims (because once the 4 months limitation is up, they are expired unserved) in most cases we see on that board.

I see that N244 fees have gone up to £303 with a hearing (and £119 without a hearing) on 1st May. Shockingly punitive in cases where defendants are consumers who would have defended claims had they been served.

But on the parking board we almost always see Judges order that fee to be paid back by the erring Claimant, due to the lazy litigation of running with an old DVLA car reg address, with no trace or checks done before the claim.

I hope the regulars here see the same success in cases where Claimants have used an unchecked old address?