Can debt collectors chase you after 6 years in the UK?
Debts and County Court Judgments: Enforceability in the UK
In the United Kingdom, statute of limitations laws dictate the timeframe within which debts can be legally enforced. Generally, most debts become unenforceable after six years from the date of default. This means that creditors can no longer pursue legal action to recover the debt.
However, an important exception to this rule is a County Court Judgment (CCJ). A CCJ is a legal order issued by a court that requires a debtor to repay a debt. Unlike most debts, CCJs remain legally actionable indefinitely. This means that creditors can continue to pursue enforcement indefinitely, even after the six-year limitation period has expired.
However, it’s important to note that pursuing a very old CCJ may require court permission. This is because the court must ensure that the debtor is aware of the judgment and has had an opportunity to defend themselves. If enforcement attempts have been made within the last six years, court permission is not required.
If you are facing an enforcement attempt on a CCJ that is more than six years old, you can apply to the court to have it set aside. The court will consider factors such as whether you were aware of the judgment, whether you have any defenses to the debt, and whether the creditor has acted in a fair and reasonable manner.
It’s crucial to remember that even if a debt is unenforceable, the creditor can still report it to credit reference agencies. This can negatively impact your credit score and make it difficult to obtain credit in the future. If you are struggling with debt, seeking professional advice from a debt counselor or credit charity is highly recommended.
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