This topic contains 0 replies, has 1 voice, and was last updated by  Administrator 3 months ago.

  • Author
  • #22296

    The law says debts are barred from enforcement if it remains unpaid for 6 years without the debtor’s acknowledgement of the debt. If a judgment debt is transferred up to a writ, it does not extend the six year statutory period from the original judgment date or from the date of the debtors last acknowledgment of it. The court is not empowered to revoke a time limit set by the law.

    The date of the judgment giving rise to the writ of control is more than 6 years ago (expired).

    Enforcement is invalid.

    Section 24 of the Limitation Act 1980 states;

    24 Time limit for actions to enforce judgments.

    (1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

    (2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

    If an enforcement agent is trying to execute a writ that was issued more than 6 years ago then everything is invalid.

    If a sum has been paid in connection with the execution of an expired writ, then everything can be recovered in the small claims track.

    It does not matter if the judgment was transferred up to the High Court for enforcement. That does not extend the operation of Section 24 of the Act.

    Also Civil Procedure Rule 83.2 states;

    (1) This rule applies to—

    (a) writs and warrants of control;
    (b) writs of execution;
    (c) warrants of delivery;
    (d) warrants of possession.

    (2) A writ or warrant to which this rule applies is referred to in this rule as a ‘relevant writ or warrant’.

    (3) A relevant writ or warrant must not be issued without the permission of the court where—

    (a) six years or more have elapsed since the date of the judgment or order;
    (b) any change has taken place, whether by death or otherwise, in the parties—

    (i) entitled to enforce the judgment or order; or
    (ii) liable to have it enforced against them;

Viewing 1 post (of 1 total)

The forum ‘Bailiffs and High Court writs’ is closed to new topics and replies.

©2019 Fuck This Country


We're not around right now. But you can send us an email and we'll get back to you, asap.


Log in with your credentials


Forgot your details?

Create Account