Can a debt collection agency apply and get a CCJ against an original debt going back more than 6 years?
- posted
14 years ago
Can a debt collection agency apply and get a CCJ against an original debt going back more than 6 years?
ISTR reading that they can, if the application isn't defended
tim
Thanks. I assumed they could.
I thought debts older than 6 years were statute barred?
They are, but AIUI the judge won't consider this unless you turn up to tell him (that the six years has, in fact, elapsed).
The fact that the debt is obviously older than six years is irrelevant. Without your evidence that there was no later admission of the debt, he will assume that there was.
tim
Not all old debts are barred, a contract is only statute barred 6 years after its breach (or 12 years if under a deed) and the claim first arising, so that fact has to presented as a defence or it will not be considered.
Tony
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