In message , Mike
writes
>Alasdair wrote:
>
>>On Thu, 20 Mar 2008 20:04:40 -0000, "Dave Baker"
>>wrote:
>>
>>>One presumes of course that this matter is not related to Real Property or
>>>anything under seal.
>>
>>Or indeed a judgment debt
>
>Having done some checking, the position is that it is a judgement and
>was first registered in 96/97. The judgement was never paid, or even
>acknowledged at any time. No correspondence has been received for at
>least 8 and possibly 10 years. It is a nominal amount originally
>claimed by a UK financial institution (eg: a bank).
This changes things somewhat. As the Limitations Act concerns itself
with limitations on taking legal action, it doesn't really apply once
legal action has already been taken and a judgement obtained.
The situation would now be covered by the Civil Procedure Rules which
tell us that if no enforcement has happened within 6 years of the
judgement then no enforcement can happen without the permission of the
court. The claimant would need to make an application for permission to
enforce and would need to show the good what good cause there is as to
the delay in enforcement. It is always possible that other attempts at
enforcement may have been made within those years but have failed for
one reason or another.
In either case, the debt still exists and the only question is whether
the court will allow the enforcement of the judgement.
--
Mike_B |