What happens to a CCJ after 6 years?

[Folara]

Sorry if this is in the wrong place .. please move if needed, thanks.

 

Decided that it was about time I did a thorough sorting out of all and sundry old debts (old being over 6 years .. most are about 8 years old).

 

I have applied to the courts place to see what CCJ's I had and am awaiting their response. I am sure I have 1 or 2 that have never been enforced but it was so long ago and in a horrible period of my life I cant remember.

 

I know about the old debts not being enforceable etc but what happens to old CCJ's?

 

They no longer show on my credit report.

 

If someone came knocking on my door asking for the money now what would happen?

 

Thanks very much.

[GuidoT]

You are fine here.

 

If you want to know what CCJs you have you should do a search here, it costs £8.00.

 

I woud not worry about old CCJs, deal with them if they ever rear their heads.

[sytra]

A CCJ never actually disappears, it may fall of your file after 6 yrs but IF anyone should try and collect on it you would have to deal with it then.

 

Sytra

[stikky62]

Does the 'statute barred" scenario not come into play if it was a CCJ ?

[Guest wino]

Does the 'statute barred" scenario not come into play if it was a CCJ ?

 

 

I have been told no it doesn't.

 

If I am wrong someone will correct me

[sytra]

No a CCJ can never be statute barred

 

Sytra

Edited July 10, 2008 by sytra
added txt

[IdaInFife]

But they have to take you back to court to reenforce it after 6 years

 

 

Ida

[Folara]

Thanks for the replies everyone. I have applied and paid the £8.00, just waiting now for the reply.

 

I just thought it best that I know whats what, 'in case' anyone should come a knocking.

 

So after the 6 years, the creditor would have to go back to the court before they could come and demand the money?

[stikky62]

So after the 6 years, the creditor would have to go back to the court before they could come and demand the money?

 

It's looking that way.

Seems a good time to CCA them and if there is no CCA go for having the original CCJ set aside (is that right IDA?)

[simonjohn]

If a judgement has not been enforced for 6 years from the date of judgement, Then under section 24 of The Statute Of Limitations Act 1980 the creditor would have quite a hard time trying for further enforcement action

 

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.

 

 

Hope that helps

[stikky62]

Ah, so it doesnt become statute barred as such,,, just very difficult to enforce?

 

 

'in case' anyone should come a knocking

 

If anyone comes a knocking, just tell them they're tresspassing and to sod off and write to you.

There's a "Doorstep Visits" letter somewhere around here which will explain.

Edited July 10, 2008 by stikky62

[simonjohn]

Ah, so it doesnt become statute barred as such,,, just very difficult to enforce?

 

 

By the very fact that they cant enforce the judgement, equates to statute barred.

 

After 6 years All details of the judgement are removed from the registry trust database.

 

The creditor would then have to instigate the process from the start, and how likely do you think that they would still have all of the original documentation to carry this out ???

[stikky62]

Found It

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

 

YOUR REF 123456

 

 

Dear Cretins

I refer to your recent correspondence

 

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken

For the avoidance of ANY doubt. Please be advised that this alleged debt is the subject of a serious dispute. The matter is presently being investigated by the Financial Ombudsman Service so I will not be entering into ANY further correspondence with you until their investigation is completed

[IdaInFife]

Above is all correct. They have to reapply the judgement but obviously what you would do is the CCA and or SAR as they would need to provide the original agreement and the original details fo the CCJ which you would try and contest i.e default notice as such not properly executed.

 

 

There would be much more you could try and get them with.

 

( I has one that due to drop off my CF in Dec 08, would rather wait for it to disappear then try to contest it, keeps everything crossed)

 

Ida x

[stikky62]

how likely do you think that they would still have all of the original documentation to carry this out

 

I'm hoping not very likely at all. The dca's on my case (who i've CCA'd) need to go back to the late 1990's

[Folara]

This is great help. Thanks everyone.

 

Most of my debts (apart from one) are now well over 6 years old. They date back to a rather rotten time in my life I chose to simply 'forget' as much as possible.

 

I was just wondering whether it was worth me trying to sort anything out with these old debts or whether I should just continue to leave them alone? I did pay a few off about 3 years ago but I still get the occassional 'burst' of letters and calls from the DCA's.

[stikky62]

Write back,,,tell them Its statue barred and to go forth and multiply

 

They may well try and take you to court hoping you will not defend the case. If they know you know its statute barred (or whatever) they'd be complete idiots (yes i know they are anyway) to try and take you to court

 

Thats the way i see it

 

edit,,,here ya go >

 

Letter M

Edited July 10, 2008 by stikky62

[Folara]

Thanks stikky,

 

have sent one letter to MacKenzie Hall that is a kind of 'get stuffed, its barred' and one to FIRE that is basically a 'dont you dare come knocking on my door' letter.

 

Waiting to see what they have to say .... if anything at all.

[stikky62]

You're welcome.