PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

CCJ issued while I was out of the country, CCJ
geordiemike
post Thu, 20 Feb 2020 - 16:42
Post #1


Member


Group: Members
Posts: 92
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
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 12)
Advertisement
post Thu, 20 Feb 2020 - 16:42
Post #


Advertise here!









Go to the top of the page
 
Quote Post
oldstoat
post Thu, 20 Feb 2020 - 17:48
Post #2


Member


Group: Members
Posts: 1,448
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
Go to the top of the page
 
+Quote Post
Jlc
post Thu, 20 Feb 2020 - 18:42
Post #3


Member


Group: Members
Posts: 32,933
Joined: 25 Aug 2011
From: With Mickey
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

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 20 Feb 2020 - 18:47
Post #4


Member


Group: Members
Posts: 30,880
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



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.


--------------------
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.
Go to the top of the page
 
+Quote Post
oldstoat
post Fri, 21 Feb 2020 - 19:19
Post #5


Member


Group: Members
Posts: 1,448
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
Go to the top of the page
 
+Quote Post
southpaw82
post Fri, 21 Feb 2020 - 20:36
Post #6


Member


Group: Members
Posts: 30,880
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



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?



--------------------
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.
Go to the top of the page
 
+Quote Post
cp8759
post Sat, 22 Feb 2020 - 11:27
Post #7


Member


Group: Members
Posts: 17,426
Joined: 3 Dec 2010
Member No.: 42,618



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


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
southpaw82
post Sat, 22 Feb 2020 - 13:32
Post #8


Member


Group: Members
Posts: 30,880
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



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.


--------------------
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.
Go to the top of the page
 
+Quote Post
oldstoat
post Sun, 23 Feb 2020 - 17:20
Post #9


Member


Group: Members
Posts: 1,448
Joined: 16 Jan 2009
From: Up north
Member No.: 25,505



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


--------------------
Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
Go to the top of the page
 
+Quote Post
southpaw82
post Sun, 23 Feb 2020 - 18:49
Post #10


Member


Group: Members
Posts: 30,880
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! smile.gif


--------------------
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.
Go to the top of the page
 
+Quote Post
oldstoat
post Mon, 24 Feb 2020 - 10:10
Post #11


Member


Group: Members
Posts: 1,448
Joined: 16 Jan 2009
From: Up north
Member No.: 25,505



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.


--------------------
Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
Go to the top of the page
 
+Quote Post
southpaw82
post Mon, 24 Feb 2020 - 16:54
Post #12


Member


Group: Members
Posts: 30,880
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



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.


--------------------
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.
Go to the top of the page
 
+Quote Post
cp8759
post Mon, 24 Feb 2020 - 21:24
Post #13


Member


Group: Members
Posts: 17,426
Joined: 3 Dec 2010
Member No.: 42,618



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


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Wednesday, 8th April 2020 - 06:17
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.