CCJ issued while I was out of the country, CCJ |
CCJ issued while I was out of the country, CCJ |
Thu, 20 Feb 2020 - 16:42
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#1
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Member Group: Members Posts: 122 Joined: 10 Apr 2013 Member No.: 61,080 |
I have been away in another country for serveral weeks and during that time a date for CCJ was set and held
when i returned I received a notice that I had recieved a CCJ The debt itself was from around 25 years ago, so I was quite surprised Is there anything I can do about this? Many thanks |
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Thu, 20 Feb 2020 - 16:42
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Thu, 20 Feb 2020 - 17:48
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#2
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Member Group: Members Posts: 1,535 Joined: 16 Jan 2009 From: Up north Member No.: 25,505 |
how could the court enforce a debt over 6 years old. Had you engaged with the creditor or acknowledged the debt within the last 6 years. The limittions act should hve stopped any enforcement action
-------------------- Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
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Thu, 20 Feb 2020 - 18:42
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#3
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Default judgment one guesses...
A little more detail required but a set aside (costs £255 for contested) is the way to start. How long have you known about the judgment? -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Thu, 20 Feb 2020 - 18:47
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#4
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Member Group: Members Posts: 33,611 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
how could the court enforce a debt over 6 years old. Had you engaged with the creditor or acknowledged the debt within the last 6 years. The limittions act should hve stopped any enforcement action The Limitation Act 1980 requires a positive plea of limitation - the court won't (and can't) apply it if it's not pleaded. If a default judgment has been entered then setting it aside should be easy - the realistic prospect of defence being a limitation point. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 21 Feb 2020 - 19:19
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#5
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Member Group: Members Posts: 1,535 Joined: 16 Jan 2009 From: Up north Member No.: 25,505 |
Having just been onto Legislation.gov.uk.
I cannot see a basis for that assertion. I would be happy to be corrected -------------------- Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
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Fri, 21 Feb 2020 - 20:36
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#6
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Member Group: Members Posts: 33,611 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Having just been onto Legislation.gov.uk. I cannot see a basis for that assertion. I would be happy to be corrected What assertion? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 22 Feb 2020 - 11:27
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Having just been onto Legislation.gov.uk. I cannot see a basis for that assertion. I would be happy to be corrected What assertion? Presumably that a defence has to be pleaded, it appears oldstoat might be labouring under the misapprehension that all law is found on legislation.gov.uk -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 22 Feb 2020 - 13:32
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#8
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Member Group: Members Posts: 33,611 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Having just been onto Legislation.gov.uk. I cannot see a basis for that assertion. I would be happy to be corrected What assertion? Presumably that a defence has to be pleaded, it appears oldstoat might be labouring under the misapprehension that all law is found on legislation.gov.uk Aka “trite law”. Dismore v Milton [1938] 3 All ER 762, though it is foreshadowed in the Limitation Act 1980 itself, in section 21(4): QUOTE No beneficiary as against whom there would be a good defence under this Act shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Act had been pleaded in defence. And in the Civil Procedure Rules, PD16, para 13.1: QUOTE The defendant must give details of the expiry of any relevant limitation period relied on.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 23 Feb 2020 - 17:20
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#9
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Member Group: Members Posts: 1,535 Joined: 16 Jan 2009 From: Up north Member No.: 25,505 |
Having just been onto Legislation.gov.uk. I cannot see a basis for that assertion. I would be happy to be corrected What assertion? the assertion " The Limitation Act 1980 requires a positive plea of limitation - the court won't (and can't) apply it if it's not pleaded" clearly i am not a lawyer. I read the legislation as provided on legislation.gov. my humble apologies for getting it in wrong -------------------- Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
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Sun, 23 Feb 2020 - 18:49
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#10
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Member Group: Members Posts: 33,611 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
It’s one of those things I’ve never needed to cite authority for - it just “is” (as far as lawyers are concerned). It’d take hours if I had to cite authority for everything!
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Mon, 24 Feb 2020 - 10:10
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#11
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Member Group: Members Posts: 1,535 Joined: 16 Jan 2009 From: Up north Member No.: 25,505 |
It’s one of those things I’ve never needed to cite authority for - it just “is” (as far as lawyers are concerned). It’d take hours if I had to cite authority for everything! interesting that it "just is" yet the legislation does not provide for that. -------------------- Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
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Mon, 24 Feb 2020 - 16:54
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#12
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Member Group: Members Posts: 33,611 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
It’s one of those things I’ve never needed to cite authority for - it just “is” (as far as lawyers are concerned). It’d take hours if I had to cite authority for everything! interesting that it "just is" yet the legislation does not provide for that. No, the common law provides for that (as referenced above). Parliament could have provided for it in the legislation when they passed the bill in 1980 but were, presumably, happy with the common law position. I’m not sure what’s “interesting” about it. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Mon, 24 Feb 2020 - 21:24
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#13
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
It’s one of those things I’ve never needed to cite authority for - it just “is” (as far as lawyers are concerned). It’d take hours if I had to cite authority for everything! interesting that it "just is" yet the legislation does not provide for that. England & Wales is a common law jurisdiction, see https://en.wikipedia.org/wiki/Common_law -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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