Can a debt be statute barred with a Form K Restriction?

gazfocus

I have an old creditor that has come out of the woodwork demanding payment after years of no contact. I have looked into the debt and I believe the creditor (a debt buying company) has a Form K Restriction on my jointly owned property (the debt is in my name only). 

What I’m trying to establish is whether the debt can still become statute barred despite having the Form K Restriction (googles AI answer seems to think so but I can’t find anything to back this up). 

The ccj was awarded to the creditor around 8 years ago and they’ve not had a penny from me as I disputed the debt (though missed the deadline to defend the court claim). They got the Form K Restriction as soon as they got the judgment in default and have done nothing to try and enforce the debt since. 

Any thoughts appreciated. 

sourcrates

Legal action removes your statutory right to use the limitation act as a defence.

So once they have a CCJ, the limitation act no longer applies.

Its just a restriction, they can`t do anything with it, it just sits there forever basically, or until the house is sold.

gazfocus

sourcrates said:

Legal action removes your statutory right to use the limitation act as a defence.

So once they have a CCJ, the limitation act no longer applies.

It’s just a restriction, they can`t do anything with it, it just sits there forever basically, or until the house is sold.

Thanks for that. I’m aware of the relative worthlessness of the restriction however I’m also aware that even with a ccj, the creditor is only allowed 6 years in which to enforce the debt without seeking approval for an extension from the court. 

I just wasn’t sure how that is affected by the inclusion of a form k restriction. 

As I say, I have this DCA contacting me out of the blue chasing payment now so I’m trying to work out how to respond to their threat of sending sometime to visit my home. 

sourcrates

This has been asked previously on the charging order thread on this board, the land registry rep posts there regularly, why not ask on there?

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