Statute of limitations on Debt ?

Macca1

Hi. I'm just trying to make sense of my credit report. I've read this thread with great interest.

I have a default registered on th 1/05/2004 but a CCJ was issued on the 21/02/2008 is this debt in fact Statue Barred of does the 6 years run from the date of the CCJ.

Thank you for your assistance

Macca1

planning_ahead_2

Macca1 wrote: »

Hi. I'm just trying to make sense of my credit report. I've read this thread with great interest.

I have a default registered on th 1/05/2004 but a CCJ was issued on the 21/02/2008 is this debt in fact Statue Barred of does the 6 years run from the date of the CCJ.

Thank you for your assistance

Macca1

This debt will not become Statue Barred if the creditor has obtained a CCJ within six years of the date you last acknowledged the debt....which appears to be the case from what you have written.

Taken from National Debtline website.


You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt if:

• the creditor has not already obtained a judgment against you;

and

County Court Judgments

INFORMATION
If the creditor has been to court and there is a county court judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court; the county court judgment will still exist. However, the creditor may not be able to enforce the judgment without the court's permission if the judgment is over six years old.

As your creditor has already obtained a CCJ in relation to this debt, you will not be able to claim out of time or 'statute barred'.

Edit: my understanding is that statute barred does not mean the debt no longer exists...merely that the creditor can no longer legally chase for repayment of the debt. As your creditor obtained a court judgement within six years they are now able to chase the debt indefinitely - although see the note from National Debtline about not possibly being able to enforce the CCJ if that is also over 6yrs old (does not apply in your case though)

Assuming your default was a couple of months before the default date posted on your credit report, ie date posted May 2004 so assume you defaulted in March 2004 then the creditor had until March 2010 to obtain a CCJ - they have clearly done this in a 'timely manner' as they obtained a CCJ in Feb 2008

Macca1

Thanks for the reply

regards

Macca 1

Macca1

Having just looked at the CCJ mentioned above, I was not living at that address that this was registered under. Am I right in thinking that I can have this set aside as I had no knowledge and the opportunity to defend this claim. If so, would this debt then become statute barred as the creditor acted inappropriately.

Regards

Macca 1

DarkConvict

If the CCJ was applied for before the 6 years was up, you cannot use statute barred as your defence as at the time the CCJ was requested the debt was not statute barred, and the CCJ is a means for a creditor to secure it in absence of the debtor been found.
Setting a CCJ aside is not guaranteed just because you didn't have the letters, you do need to specify your grounds to defend on, if you have no grounds to dispute the CCJ then the answer will be they refuse to set it aside. What would need to happen for SB, is that a CCJ was granted for a debt that was already statute barred. I.e. Last payment Jan 2000, CCJ applied Jan 2008, You get sent demand for payment in July 2009. You have have the CCJ set aside on the grounds the debt was already statute barred in Jan 2008. However if they got the CCJ in Dec 2005 then you could not dispute it on these grounds.

You can't just wait for 6 years, then set it aside otherwise it would mean the creditor could not legally secure the debt in the absence of the debtor as they could then turn up later and say it is barred.

So the best you could do is have it set aside and given 30 days to pay it, otherwise it will go back on the credit report.

Shike

I'm sure that the statute applies to me but I'm still worried. When my business folded I owed HSBC just over £10, 000 on my business overdraught.

That was in Feb 2001. In the last few weeks I've been getting letters from a company that has bought the debt. Now they say that they are going to apply to have me made a bankrupt. I'd not heard anything about the debt until this year, so the question is, can they make me bankrupt or is that not covered by the statute?

Thanks in advance.

RAS

Shike wrote: »

I'm sure that the statute applies to me but I'm still worried. When my business folded I owed HSBC just over £10, 000 on my business overdraught.

That was in Feb 2001. In the last few weeks I've been getting letters from a company that has bought the debt. Now they say that they are going to apply to have me made a bankrupt. I'd not heard anything about the debt until this year, so the question is, can they make me bankrupt or is that not covered by the statute?

Thanks in advance.

Barstewards

Technically, if they try to make you bankrupt and you do not defend the case, they could succeed. But you could get it overturned simply on appeal.

If however, you send a Sd letter, they cannot take legal aCTION.

However, do you know if there CCJ on this debt? You ned to check the Regsitry Trust on-line.