6 Year Rule

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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BODY-CAM
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Joined: 30 Jun 2016 16:02

6 Year Rule

Post by BODY-CAM »

Found this on the internet
https://www.dealingwithbailiffs.co.uk/w ... years.html

Could I ask is a writ law when issued after the 6 yr rule when NO permission sort through the courts??
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: 6 Year Rule

Post by zeke »

A writ is only the enforcement power and it lapses after 12 months. Civil Procedure Rule 83.3.

Judgments have six years. Section 24 of the Limitation Act 1980.

Bailiffs cannot transfer up an expired judgment to the High Court.
BODY-CAM
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Joined: 30 Jun 2016 16:02

Re: 6 Year Rule

Post by BODY-CAM »

So would it be LAW??? If it had been obtained out of time after the six years. Limitation act!
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: 6 Year Rule

Post by zeke »

If the judgment was more than six years on the date the transfer to the High Court was made. The writ is "defective" and a party may recover damages.

For debtors, its paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Non debtors, its section 3 of the Torts (Interference with Goods) Act 1977. If an urgent application is needed then section 4 of the Act.
BODY-CAM
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Joined: 30 Jun 2016 16:02

Re: 6 Year Rule

Post by BODY-CAM »

So if the writ is defective would a bailiff have the right to enforce it knowing it was defective.
Would they have the right to enter a private dwelling? To enforce it!
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: 6 Year Rule

Post by zeke »

No and no.
BODY-CAM
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Joined: 30 Jun 2016 16:02

Re: 6 Year Rule

Post by BODY-CAM »

If I have Evidence to prove that NO NOTICE OF ENFORCEMENT WAS EVER SENT would that have a bearing on the above circumstances?
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: 6 Year Rule

Post by zeke »

Yes. It revokes all the enforcement.

What is the evidence?
BODY-CAM
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Joined: 30 Jun 2016 16:02

Re: 6 Year Rule

Post by BODY-CAM »

Not over the airwaves send me a personal message
add an email I’ll send it over.
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: 6 Year Rule

Post by zeke »

If this is DCBL, the High Court masters all know and accept the notice was not sent unless the bailiff completes a Certificate of Service and gives evidence of the date the notice entered the postal system.

PM sent
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