CCJ not statute barred?

SnowWhiterThanWhite

Hi all

I took over my brothers finances many years ago & have LPOA. 
He was in a lot of debt which I slowly managed to repay over several years, this was around 12 years ago.
It now looks like one of the debts slipped through the net. He has had a letter from a debt collectors requesting payment of a bank debt.
I sent them a template letter advising the debt was statute barred. However, they have replied advising that as there was litigation against him resulting in a CCJ in 2014, that they can continue to chase the debt.
Is this correct? Is there anything further I can do to fight this?
Brother does not have any xs income or savings to pay this debt.
If debt collectors call on him, there is absolutely nothing of any value in his property.  He does own it but there are serious issues with the building (which is another matter). Any guidance would be appreciated 

MyRealNameToo

If a court judgement was issued then the normal parts of the law of limitations doesnt apply and it no longer becomes statute barred. However, after 6 years from the date of the judgement the claimant requires the court approval to continue enforcement action and generally judges are not minded to give permission unless there is a good reason why they couldn't enforce in the first 6 years (eg someone moved back to the UK after 8 years)

See https://england.shelter.org.uk/professional_resources/news_and_updates/enforcement_of_court_judgments_older_than_six_years

RAS

You'd be better off on the main debt free pages.

If you used a template letter, chances are it referred to the wrong part of the Limitations Act. 

It's not "statute barred" but unless legal enforcement action was taken within 6 years of the CCJ, under the Limitations Act they need court permission now to enforce payment.

Probably hoping that you don't know the difference.

SnowWhiterThanWhite

RAS said:

You'd be better off on the main debt free pages.

Thanks, should I repost on that page or ask admin?

RAS

Use the report button to ask for it to be moved. It's the last option on the list.

Misslayed

Moving to debt free board. 

Grumpelstiltskin

First thing you need  to realize is that companies will do anything to try and frighten people into paying something they need not pay.

It does look like 11 years have passed since the CCJ and honestly they haven't got a chance of going back to the court, so the best thing is to ignore them.

 If they threaten a door knocker and that is all the are, not bailiffs, they should be ignored or if he does answer the door just tell them not today thank you and shut the door.

This is the way they work they hope people do not know the situation and they will be frightened into  paying, don't let that happen.

ManyWays

The other thing that may be worth trying is asking them to produce a copy of the court judgment in 2014 as your brother is unaware of any court case being started against him

sourcrates

Its section 24, limitation act, 1980.

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".

Write back and tell them the CCJ is unenforceable due to limitation, quote the act if you wish.

Lets get one thing straight here, debt collectors normally work from call centres, but some do still knock on doors.

Its important to understand they have no more power than you or I do, they cannot enter your home, as that is trespass, or take your belongings, as that is theft, they are not bailiffs.

Even bailiffs only have limited powers and only if you let them in and engage with them.

There isn`t much this company can do, can you please name them, so we know who we are dealing with, its ok, if they operate in the public domain its not an issue.

SnowWhiterThanWhite

sourcrates said:

Its section 24, limitation act, 1980.

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".

Write back and tell them the CCJ is unenforceable due to limitation, quote the act if you wish.

Lets get one thing straight here, debt collectors normally work from call centres, but some do still knock on doors.

Its important to understand they have no more power than you or I do, they cannot enter your home, as that is trespass, or take your belongings, as that is theft, they are not bailiffs.

Even bailiffs only have limited powers and only if you let them in and engage with them.

There isn`t much this company can do, can you please name them, so we know who we are dealing with, its ok, if they operate in the public domain its not an issue.

Thank you so much.

The company is Lowell, based in Harlow 

sourcrates

Oh its Lowell, based in Harlow, Leeds, and various other places as well.

We are well aware of Lowell on these boards, they won`t waste much time on this one as long as you do as advised.