Statutory demand includes 6.5 yo CCJ

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MarkMason_2
MarkMason_2 Posts: 8 Forumite
edited 31 August 2018 at 10:33AM in Bankruptcy & living with it
I have just received a statutory demand for the sum of two CCJ's from a debt company (assigned loan and credit card), one of which is now 6.5 years since judgement.

I had been paying them off each month then I stopped paying the first when it reached 6 years since judgement. The other has 18mo until 6 years old. The demand is for the sum of both.

Assuming that a statutory demand is invalid for a debt no longer enforceable:

How do I apply for this to be set aside, hopefully challenging the whole sum as incorrect without giving the opportunity to correct it? Can a set aside statutory demand be applied for a second time? Any useful information in this context would help reduce the anxiety. Is this something best handed to a solicitor?
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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    The debt is still enforceable.

    You only stopped paying it 6 months ago - so at least another five and a half years to go, even assuming they don't refresh the CCJ.

    Best advice is to get back to paying it, to reduce additional costs being added.
  • MarkMason_2
    MarkMason_2 Posts: 8 Forumite
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    The debt company have refused to accept payments having chosen to issue a statutory demand. I also understand that further costs cannot be added to a CCJ. What do they have to do in order to extend a CCJ? I would have assumed this would be this first option 6 months ago?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    They don't need to extend it, as it is five and a half years from being statute barred.

    You need to get on the phone to them and agree a repayment plan. I would start by at least offering the missed payments that you have saved up.
  • MarkMason_2
    MarkMason_2 Posts: 8 Forumite
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    As I understand it, a CCJ becomes unenforceable 6 years after judgement, unless the court can be persuaded to extend it?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    The debt is still enforceable until not acknowledged for 6 years.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    You have been paying it, therefore acknowledging it.
    So the debt is still very much enforceable.
  • MarkMason_2
    MarkMason_2 Posts: 8 Forumite
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    As I understand it is not enforceable without the court giving permission - and the service of a statutory demand is another step in enforcement.

    My question concerns the statutory demand which I believe to be in error in at least one clause if not wholly, since

    "normally a creditor has 6 years to enforce the judgement, if they fail to do so, they must go back to court and seek permission of the court to continue enforcement action. A judge is likley to say that 6 years is sufficiant time in which to act, so may not grant permission."
    -MSE thread 5624556, and 63806369 giving National Debtline's summary of it

    The statutory demand therefore seeks further enforcement of one of the CCJ's without seeking the court's permission, so how to challenge this in a set aside application?
  • ToxtethO'Grady
    ToxtethO'Grady Posts: 342 Forumite
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    edited 31 August 2018 at 12:15PM
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    It's already been enforced a CCJ can never go statute barred and you've been paying it so they do not have to go back to court to ask if they can continue enforcement, it will drop off your credit file after 6 years from the date of judgement no matter what has happened to it.


    You have 21 days from the date of your stat demand to come to an arrangement or you will have to attend the court
  • nic_c
    nic_c Posts: 2,929 Forumite
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    You have been paying up until 6 months ago. The unenforceable of any debt is from the date last acknowledged or paid. By your reckoning someone could get a 25 year loan and simply stop paying after 6 years and think they don't need to pay the rest back!

    Strange how they are not accepting payments - is this any payments or was it coming to arranged plan. Was this a forthwith judgement rather than an admission?
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
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    Hi, you have between 18 & 21 days to reply to the Statutory Demand. A statutory demand can be set aside.

    See the National Debtline Factsheet:
    https://www.nationaldebtline.org/EW/factsheets/Pages/statutorydemands/settingasideastatutorydemand.aspx
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
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