Can a collection agency CCJ you??

justinemullins

Hi there guys!

I was just wondering if anyone knew if a DCA can CCJ you?

I'm being haunted by an old unpaid debt via a DCA. I'm in the process of sending them a letter recommended by another user as the default originally served by the bank came off my credit file last year as it had reached the 6 year mark. there's been no contact about the debt for a long time from the original creditor and I'm sure they've just sold the debt on.

please advise if they can CCJ me if I don't pay as this is what they're threatening>

Thanks Justine x

poorandindenial

Hi Justine

Check out this link - is there any way the debt could be statute barred:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

EDIT: just saw your other thread and saw you have already seent his factsheet - are these the same debt??? Or is this a different one?

malestrom07

If it is Statute Barred then there is no way you can get a CCJ and you do not legally have to pay the debt.

Any DCA can issue CCJ's to non statute barred debts as long as hey have the correct paperwork to file for the CCJ.

fermi

The courts can and do make CCJ's on Statute Barred debts. Normally that is a result of you not making the court aware of the debt's statute barred status and/or defending it as such so that a 'default' judgement is entered.

However, if the DCA/creditor is aware that you know that a debt is statute barred, having sent the letter for example, then most of them aren't daft enough to try.