7 year old CCJ served at address I didn't live at catches me up. What can I do?

ChrisR_3

Hi,

I started a thread at http://forums.moneysavingexpert.com/showthread.html?p=8210913#post8210913 but things have changed quite a bit since then so I'm starting a new thread. Hope that's OK. Thanks to everyone who helped in the first one.

Anyway, here's my situation:
- A CCJ was registered against me on 18th Jan 2001 (Ie just over 7 years ago)
- I did not live at the address it was registered to on that date, hence I received no paperwork relating to it.
- The first I knew about even having a CCJ was 2 weeks ago when I received an "application for the attachment of earnings" through the door. Indeed I got a mortgage 18 months ago with no problems whatsoever.

When I received thisapplication for the attachment of earnings, I went straight to the court and pointed out that it was 7 years old and that by my understanding they could only chase these things for 6 years. I was told they'd look into it, speak to a judge and write back to me. I heard nothing back until this morning when someone turns up at my door to serve me the same paperwork again but this time in person, warning me that not filling it in would lead to a summons.

So I have been back along to the court, and have spoken at length to a lady there. My argument was that:
1) I wanted the judgement set aside as it was served at the wrong address
2) I wanted to know why they were still trying to enforce it after 7 years when I understood that there was a 6 year limit to these things unless a judge ruled otherwise.

At one point she went off to get advice from her manager and even a judge relating to this. The response I got to my 2 points was:
1) It was my responsibility to tell the company I owed the money to that I had moved. They served the CCJ at the last address they had for me and therefore it was served correctly. I should have updated them on my address change.
2) I still owe the money, it was loaned to me in good faith so I have to pay it back. (This bit confused me, I wasn't after a moral answer, I wanted a legal one). Anyway, perhaps there has been a ruling by a judge that they can enforce it after 7 years, but she wasn't clear on that.

Anyone able to help me with this? I took form N244 anyway, despite the protests of the lady on the desk, but don't want to throw good money after bad (£70 to have that filled in and processed). Is she right and I have no chance of having this set aside, or should I proceed with form N244?

The idea is that I will have the judgement set aside on the grounds that I didn't receive any paperwork relating to the CCJ and then if / when they resubmit it correctly I'll claim it as statute barred. I realise that morally this isn't the right thing to do but I simply cannot afford the £5k that they're looking for from me.

Any advice would be greatly appreciated.

Thanks.

4littleone

Hi,
i had almost the same as you really. I found out about a ccj from a debt that an ex had put in my name at an old address.
I had the attachment to earnings suspended and then ended up having the judgement set aside as i could prove that i was not living at the address when the debt was incurred and that none of the correspondence would have come to me.
I also had proof that there was no signed credit agreement from me as well.

Can you ask the company for a copy of the credit agreement first to check that there is a signed agreement?
Also, you can have the attachment to earnings suspended and submit a SOA to the court to have a lower monthly payment agreed if you end up having to pay.

ChrisR_3

4littleone - Thanks, I'll see about getting a copy of the signed agreement. Will this help, given that they've already obtained the CCJ?

Glad it worked out for you - My situation is slightly different though in that I was at the address when the debt was taken out, I just moved out before the CCJ arrived and it was me who took it out in the first place.

fatbelly

Limitation Act 1980 Section 24(1) says that an action cannot be brought on a judgement more than six years after the date upon which it became enforceable.

What does that mean in practice?

See if you can make sense of this (I couldn't):

http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd980729/lowsley.htm

Some of the law in this area goes back to 1285!

I'm unsure where you go from here. Maybe ask for a hearing on an N244 quoting this section.

ChrisR_3

fatbelly - Good article, quite an interesting read into the history of the law. I've pulled some of what I think is sense from that and from the limitation act (Which I found here: http://www.lawcom.gov.uk/docs/cp151apa.pdf )

My thoughts are (And please someone tell me if I'm right / wrong here!) that if I appeal using section 24, the judge may counter this with section 32, which states:

Fraud, concealment and mistake
32 Postponement of limitation period in case of fraud, concealment or
mistake
(1) Subject to subsections (3) and (4A) below, where in the case of any
action for which a period of limitation is prescribed by this Act,
either--
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has
been deliberately concealed from him by the defendant;
or
(c) the action is for relief from the consequences of a
mistake;

the period of limitation shall not begin to run until the plaintiff has
discovered the fraud, concealment or mistake (as the case may be)
or could with reasonable diligence have discovered it.

And that it was my duty to inform them of my move of address.

I'd counter this twofold:

Firstly that I thought the amount written off as I'd had no communication from the Student Loans company for a long period of time hence not informing them of my change of address was not a fraudulent action.

Secondly that by the wording of the last quoted paragraph they could, with reasonable diligence, have discovered that I had moved as soon as I didn't respond to the CCJ summons instead of just issuing it by default, hence the 6 year limitation period should not be extended.

Does that sound reasonable? I want to get this as watertight as I can.

vix2000

have a look at this thread on the consumer action group. I think it will help you. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/108467-basic-introduction-consumer-credit.html
read both pages before you give it up as a bad job as it os relevant, I've been researching for a similar problem. Theres loads of info on making a request for original applications and contracts, statements, and terms and conditions, and from what I gather, the older agreements are most likely to be illegal. Hope it helps.

rainbowtrout

If this is a student loan some of the advice above may not apply because they work differently to commercial loans. it also depends on what type of student loan you had and the time it was taken out, but I would not assume that it gets written off after six years without communication.

ChrisR_3

rainbowtrout wrote: »

If this is a student loan some of the advice above may not apply because they work differently to commercial loans. it also depends on what type of student loan you had and the time it was taken out, but I would not assume that it gets written off after six years without communication.

Student loans changed in about 1998 I think, so that any taken after that date cannot be statute barred after 6 years.

However mine are from 95, 96 and 97 so I'm the other side of the line and they fall under the same rules as any other debt or simple contract and can be statute barred under the Limitation Act.

That said, claiming them as statute barred is only my ultimate aim, not my immediate one. My immediate aim is getting rid of the CCJ that's currently hanging over my head and that just turned up out of the blue a couple of weeks ago via this application for attachment of earnings.

ChrisR_3

vix2000 wrote: »

have a look at this thread on the consumer action group. I think it will help you. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/108467-basic-introduction-consumer-credit.html
read both pages before you give it up as a bad job as it os relevant, I've been researching for a similar problem. Theres loads of info on making a request for original applications and contracts, statements, and terms and conditions, and from what I gather, the older agreements are most likely to be illegal. Hope it helps.

Some good stuff there, thanks. If I have to go to court to get it overturned (Which I'm more than happy to do) then that'll be a good thing to re-read nearer the time.