Creditor 7 years later

sammy115

Can you be chased for a CCJ after seven years! I admit what I am reading sounds a bit odd - no offense OP! I did have an incident with a cat and a carpet some years ago that resulted in me being given a CCJ but I paid it within the time scale. I did think it unfair at the time but felt that a judge had decided and that was that.

It also sounds a bit odd you having two CCJ's - did he take you both to court at the time? Who sold the car - both of you or just one of you. Was the log book in joint names. Maybe you would be entitled to some legal representation on your house insurance to try and sort this out.

Sorry I can't be of more help.

tallyhoh

How old is the court order?

rog2

It is true that a CCJ can be exempt from the six year 'Limitation Period' as laid down in the Limitation Act, 1980. However, the creditor may not e able to 'enforce' a CCJ that is over six years old without the Court's Permission.
See the following link:

http://www.insolvencyhelpline.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.htm#6

chez000

I have to agree with Barshamhilbilly I really dont see how he succesfully sued you especially for the amount he did and given how long it was after he bought the car.

Fairly sure that as a private seller the car only has to be roadworthy so cant really understand his complaint, bit of a mystery.

The N244 the bailif mentioned is to suspend the warrent of execution costs £35 to apply and will suspend the bailiffs from taking action.

If this was me Id probably find a solicitor that did a free initial consultation and speak to them, possibly a CAB could help also.

On a side note A CCJ is confimation that you owe someone a set amount of money, regardless of whether you agree that you should have to pay it or not.
Unless you either have it set aside (cancelled) probably too late, or succesfully appeal again probably too late, or the court doesnt give leave to enforce it it will have to be paid, or as youve found out bailiffs will attend, or any of the other county court enforcement methods could be used

Billy_two_speakers

I agree with some of the posts here, is something missing ? saying the judge was female does not answer why she decided in his favour, if he did not have legal representation, he has done very well, put his case forward and won.

that said in any case one side wins, and you could start a foum just for people that thought they was 100% sure they had the better case.

we always think we are right, and in your postion I too would be really !!!!Ed but I would have taken action at the time against her decsion

after all this time you might have no right to argue your case and could end up paying up

barshamhillbilly

Just as a point of interest - was it a "cut and shut" ie two different cars welded together? or an insurance write off at any time? Or stolen? These are the only reasons I can possibly see that a Judge would be able to lean in the claimants direction. He would have had to PROVE (well actually supply enough EVIDENCE to persuade the Judge that in all likelyhood) that you personally were at fault.

What evidence did he supply that you were in the wrong and mis-sold the car. Surely it could not have been becuase it did not suit his requirements as he contacted you knowing exactly what car it was? and hence the ability, size shape and specification of the car.

Why did you not appeal the decision at the time if you thought it was wrong?

Sorry - I don't mean to sound harsh - I just don't understand the judges decision .... male or female .... doesn't matter, my limited experience is that they are quite fair ????

chez000

Even if all the details about the case and reasons for the decision were known, Im not sure if it would make that much difference at this stage - except to satisfy curiosity.

Usually (I think)there are 21 days to appeal a judgement and permission to appeal has to be given by the court and given the circumstances (time passed etc) Id doubt the possibility of it being set aside.

IF the OP wants to pursue this he should get specialist advice otherwise he should come to some kind of payment arrangement.

Is an interesting post tho

Billy_two_speakers

Given he manage to win in the first place, I would make sure you get good advice, as if he takes you back to court he might also take you to the cleaners
he is
1. very lucky or
2. has a very good case

BAILIFFCHASER

There is something iffy going on.

sammy115

chez000 wrote: »

Even if all the details about the case and reasons for the decision were known, Im not sure if it would make that much difference at this stage - except to satisfy curiosity.

Very true! I am nosy!