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CCJ issued while I was out of the country, CCJ
geordiemike
post Thu, 20 Feb 2020 - 16:42
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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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post Thu, 20 Feb 2020 - 16:42
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oldstoat
post Thu, 20 Feb 2020 - 17:48
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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


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Jlc
post Thu, 20 Feb 2020 - 18:42
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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?


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Private Parking - remember, they just want your money and will say almost anything to get it.
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southpaw82
post Thu, 20 Feb 2020 - 18:47
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QUOTE (oldstoat @ Thu, 20 Feb 2020 - 17:48) *
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.


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oldstoat
post Fri, 21 Feb 2020 - 19:19
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Having just been onto Legislation.gov.uk.

I cannot see a basis for that assertion. I would be happy to be corrected


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southpaw82
post Fri, 21 Feb 2020 - 20:36
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QUOTE (oldstoat @ Fri, 21 Feb 2020 - 19:19) *
Having just been onto Legislation.gov.uk.

I cannot see a basis for that assertion. I would be happy to be corrected

What assertion?



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cp8759
post Sat, 22 Feb 2020 - 11:27
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QUOTE (southpaw82 @ Fri, 21 Feb 2020 - 20:36) *
QUOTE (oldstoat @ Fri, 21 Feb 2020 - 19:19) *
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


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southpaw82
post Sat, 22 Feb 2020 - 13:32
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QUOTE (cp8759 @ Sat, 22 Feb 2020 - 11:27) *
QUOTE (southpaw82 @ Fri, 21 Feb 2020 - 20:36) *
QUOTE (oldstoat @ Fri, 21 Feb 2020 - 19:19) *
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.


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oldstoat
post Sun, 23 Feb 2020 - 17:20
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QUOTE (southpaw82 @ Fri, 21 Feb 2020 - 20:36) *
QUOTE (oldstoat @ Fri, 21 Feb 2020 - 19:19) *
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


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southpaw82
post Sun, 23 Feb 2020 - 18:49
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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! smile.gif


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oldstoat
post Mon, 24 Feb 2020 - 10:10
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QUOTE (southpaw82 @ Sun, 23 Feb 2020 - 18:49) *
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! smile.gif


interesting that it "just is" yet the legislation does not provide for that.


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southpaw82
post Mon, 24 Feb 2020 - 16:54
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QUOTE (oldstoat @ Mon, 24 Feb 2020 - 10:10) *
QUOTE (southpaw82 @ Sun, 23 Feb 2020 - 18:49) *
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! smile.gif


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.


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cp8759
post Mon, 24 Feb 2020 - 21:24
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QUOTE (oldstoat @ Mon, 24 Feb 2020 - 10:10) *
QUOTE (southpaw82 @ Sun, 23 Feb 2020 - 18:49) *
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! smile.gif


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


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