Old CCJ and Statue Barred debt

LA83LA

Any advice will be greatly appreciated! 

Sent out a Statue Barred debt email to a debt collection company and received this response back from them. Trying to understand what they are saying and how is the best way to resolve this with a response. Thanks, L 

Grumpelstiltskin

OK In theory what they say is partially correct, but if they didn't do anything within 6 years of the CCJ being issued  basically they are snookered, they would have to take it back to court and come up with a reason why they didn't do anything within the 6 years. So the answer is just ignore them.

MyRealNameToo

LA83LA said:

Any advice will be greatly appreciated! 

Sent out a Statue Barred debt email to a debt collection company and received this response back from them. Trying to understand what they are saying and how is the best way to resolve this with a response. Thanks, L 

Statute barring is about the ability to take the matter to court... if it's already been to court then they are correct it cannot be statute barred because that ship has already sailed. 

That said the initial judgement gives them 6 years for debt enforcement, which it doesnt become statute barred if they want to start recovery action after 6 years they must have the courts approval to do so unless they already have a third party debt order or a charging order. Generally the court will need a compelling reason as to why debt recovery wasnt possible in the first 6 years but is now to authorise them. Just falling between the cracks, forgot about it etc won't wash it and the courts won't give approval. 

LA83LA

Appreciate the swift response and clarity gives me ease. Part of me wants to respond in a formal manner so they stop harassing me 

fatbelly

Point them to Limitation Act 1980 s24

(Make sure you don't call it Limitations Act)

See what they say

LA83LA

Thank you. Let’s see what Cabot financial respond back 

LA83LA

This is what they came back with 

molerat

Did your communication with them clearly state the wording of s24 of The limitation Act 1980 ?

24Time 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.

fatbelly

That's fair enough.

They can't enforce it.

You won't be paying.

Nothing more to discuss with Elizabeth

MyRealNameToo

fatbelly said:

That's fair enough.

They can't enforce it.

You won't be paying.

Nothing more to discuss with Elizabeth

Without getting court approval... it's not as black & white as simply saying they cannot enforce it. Would need to hear their side of the story and why its resurfaced now to give any view on if the court would approve it or not.

fatbelly

No bailiff is going to take that on.

Just block them