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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've been sent notice of an application CCJ, however

Resolved Question:

I've been sent notice of an application for a CCJ, however it's been issued in my married name which I haven't used since changing my name back by deed poll in August 2011. Is it actually valid?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is this a claim form? If so, do you know what it relates to?

Customer:

It's a notice that the solicitors are about to seek a county court judgement for a credit card I had a few years ago. They're acting for a debt collector not directly for the bank and as I all correspondence has been issued in my married name which legally changed in Aug 2011 by deed poll and have subsequently been granted (Dec 2011) a decree absolute. The name no longer exists

Alex Watts :

When did you last make payment towards the debt?

Customer:

2008 or so

Alex Watts :

OK - ordinarily it would not matter. If the name is ***** ***** you were the correct person they just make an application to amend the proceedings.

Alex Watts :

But if they do issue a claim then it is statute barred. That is no payments have been made for 6 years. This means that the claim is time barred. You should not admit or acknowledge the debt as this starts the clock ticking again

Alex Watts :

You should write back and tell them its time barred and there is nothing now they can do about it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I shall check my credit report, if it is time barred how do I get that across to them and get them to stop persuing me?

Alex Watts :

You write and tell them its time barred under the LImiation Act 1980

Alex Watts :

That should stop them. Does that help?

Customer:

That really does, thanks :-)

Alex Watts :

Can I clarify anything else for you?

Customer:

No that was all I needed to know, thanks again

Alex Watts :

great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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