Ivan

 

While you are researching this, you might as well study for a law degree and when you come back to the UK you can become a Solicitor.

Now I am no legal expert.

 

What you have to be careful of, is assuming that posts on CAG or any other forum, are expert opinions.

 

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Nowhere have I assumed anything of the sort. I just asked some questions the same as many others have done in the past. So I'm thankful that it is your last advice on this, as sarcasm is never much use.

From the following thread post #14 http://www.consumeractiongroup.co.uk/forum/showthread.php?329785-CCJ-Expiry

They don't need the permission of the court except if they want to issue a warrant (Order 26 Rule 5 county court Rules 1981). If they want to do an attachment of earnings or charging order, they can just crack on no matter how old the judgment is. It is not an action on the judgment, so the limitation act does not apply.

This does suggest that, even after 6 years a DCA would not need to return to the court. This is why I am confused. Which is why I'm posting here.

Thanks Brig. That's a really good clear example. Much appreciated.

You've had excellent advice and guidance on this forum, just accept it and move on with your life.

Wow thanks steveab1. What would I do without your invaluable assistance?

Sorry for asking questions on this forum; maybe I was wrong to think that this forum was about sharing advice and information that it was to help others.

BTW, my question was the result of reading a previous comment on this forum. Hence the reason for my question. If you don't know or are unwilling to offer any advice (other than the rather unhelpfull advice you have offered) then please just accept it and move on with your life.

Action should not be taken after 6 years from the date of judgement, very, very unlikely to be allowed

to reinstate.

But, is enforcing a judgment debt not viewed as action brought upon the judgment because they are not seperate proceedings? It's a bit confusing (well, it is for me anyway )

SB is 6 years after your last payment or written acknowledgement of the debt. CCJ will be there until 6 years have passed. It wont be SB'd, but the creditor will find it pretty much impossible to get any enforcement orders after 6 years. Most dca's just write the debt off as a loss and sell it on to a lower level dca, who will try and push their luck.

And as the CCJ is with another DCA, the new one would have to apply to the court to reassign it to them?

Nope. You are overthinking it now. 6 years elapse with no enforcement = bye bye debt and bye bye CCJ.

Yes, I do tend to over-complicate matters

Just would like it water-tight in case I ever did return. Never say never and all that.

No enforcement means harder to reinstate. And, if sold on the debt is statute barred (not the CCJ). Unless I've got that wrong...?

Also, is reinstating a CCJ an action - therefore not allowed after 6 years? Or how is an action defined?

Action should not be taken after 6 years from the date of judgement, very, very unlikely to be allowed

to reinstate.

I've been searching for any information on cases where the court has allowed to reinstate. As you have said, it's very unlikely and I haven't found any. Just think the court might allow them to do it since they were allowed the CCJ by default in the first place

If I did return to the UK - and this currently looks very unlikely -after the six year period, could the DCA claim that they had not acted on the CCJ because I was out of the country? The court might believe this to be reasonable. So the scenario would be CCJ applied while I was out of the country, nothing happens for x number of years, I return and the DCA reapplies stating that they couldn't collect because I was out of the country. Wouldn't they be undermining themselves, by admitting the original CCJ was incorrectly applied for?

And one other question (sorry): can a CCJ be sold on to other DCAs? I think, not. CCJ states X owes Y; Z can't collect unless court agrees change.

Thanks so much for everyone's advice. Very appreciated.

Igore it for now seems best idea. Certainly not returning to UK in forseeable future. The only nagging thought is that one about the unforseen circumstance. Something happens to put me back in UK. 6 years+ after CCJ, so it's off credit file, but is still enforceable. That could prove tricky. 20% of current value would be possible, but nothing more. I'm in quite a low paid profession, but I'm now in a much cheaper environment.

As the CCJ never expires, they could reapply - claim they couldn't find me etc. If I contacted them, not admitting any debt, giving details of my location they could not then claim that could they?

So have the following options:

1. Ignore it. If I never return and it's unenforceable here...... But maybe something happens and I have to return?

2. Apply to have it set aside......... no guarantee this will work, and I will have to pay a tidy sum to find out.

3. Make a full and final offer........ for how much? Alleged debt is about 7K. Real debt is less. What might they settle for?

. If not, then I would suggest leaving this alone and if you return to the UK to reside, you can deal with the CCJ at that time. A CCJ set aside must be requested promptly upon finding out about it. If a Judge thinks that the set aside is too long after the judgement it won't work and you would have to make some other application based on other problems with the CCJ.

I've only found out about it after checking my file recently. What other application would I be able to make?

 

A CCJ will drop off your credit file and trustonline after 6 years.

 

When paperwork was sent to your Mother's address, what did she do with it ? Return it to sender ?

After 6 years though a CCJ can still be enforced. I believe they would have to return to the courts and explain why they had not enforced within 6 years.

Yes, all mail was returned to sender, marked "no longer at this address". Also, IND were informed over the telephone by my mother that I was no longer resident in the UK. She informed them of my country of residence, yet thet still applied for the CCJ.

This CCJ is only on your UK credit record and will never appear on your foreign record. If they found you, they could try to enforce the CCJ in your local court, but given the cost they might not bother.

 

Are you likely to return to the UK to reside ?

 

You can apply to a UK court to set aside the CCJ, but you or a representative would have to attend a hearing. If this is really important to you, because you are likely to return to the UK to live, then I would suggest using a UK Solicitor to do the set aside for you.

I'd not be able to return for the hearing. The cost of flights, etc might be too much. And paying a solicitor might be quite a cost also. Is there anyway the matter could be dealt with without a hearing?

Where did they respond to.. ? is that a typing error and you CAN prove they knew ?

 

 

Do you have any assets in the UK . Are you planning on returning to the UK ?

 

How did you inform MBNA of your new address in writing or on the telephone ? It should have been entered onto the communication logs - which you can access by way of a Subject Access Request and which would cost you £10.00 statutory fee.

They responded via email, informing me that they were no longer dealing with the matter.

I informed MBNA via telephone and they informed me that their records had been updated. However, when I later wrote to them I received no reply.

I have absolutely no assets in the UK. Never owned property, don't drive etc.

I have no immediate plans to return, but if things should change I'd like to get this off my record. I'm pretty confident that I can challenge this debt - it's the wrong amount, I doubt IND have the necessary paperwork, etc. I just don't want to spend money applying for a set aside if the court is not going to do so.

Hi everyone.

A few years back had some trouble - sickness, redundancy, the usual crap happening all at once. I had credit card with MBNA. I informed them of my problems, which met with silence. Anyway, in 2009 I received an offer to restart my career abroad. I informed MBNA of my new contact details. Again, heard nothing. All has been fine in my job and life. Out of curiousity, I decided to check my credit file.

I have discovered a CCJ from August 2011. IND, who I have read about here, are the responsible (if that's the right word) party. The CCJ was obtained at my mother's address. I had been living there, but it was not my last known UK address. I can't prove that MBNA knew of my relocation - they responded to my recent enquiry that they were no longer dealing with this matter.

Basically, the CCJ was obtained on the sly. I have contacted Northampton Court, but they have not told me how I would pay the set aside fee from abroad. Anyone know?

Also, IND would claim that I never informed them of my new address. As I'd never had any dealing with them, how could I?

The amount is at least 2.5K higher than the actual debt, so I would have disputed that had I been given the opportunity.

Would I stand a chance of getting this set aside? Or would the court decide that I should have informed IND, a company I have never dealt with, my contact details?

Ivan