Ccj Not Paid

[popeye1]

What can happen if a CCJ is not paid for about a year and noone has written to us about it,many thanks

[creditcardmug]

If payment is not made they can seek an enforcement order from the court

[popeye1]

Its one that got forgot,is there a time limit for them to chase us ,thanks

[nicklea]

Yes, 6 years

[popeye1]

Thanks nickea,this is worring as i am not sure what enforcement they might take,should i start paying again or wait

[babybear39]

You may receive a warrant of execution from the court that granted the CCJ. If this happens you really need to pay it as the court bailiffs could then become involved. If the CCJ repayments are set higher than you can afford, apply for a variation order to the issuing court. If you're on benefits the fee is waived with proof of such. It's a simple process and you can get the form from your local county court.

[dilbert1]

Yes, 6 years

 

Are you sure about that? I didn't think there was a time limit for CCJs?

[Percival Wigglesbottom]

It isn't covered by the statute of limitations . Civil Procedure rules limit it to 6 years however.

 

RSC ORDER 46

 

Rule 2 (1) A writ of execution to enforce a judgment or order may not issue without the permission of the court in the following cases, that is to say ---

(a) where 6 years or more have elapsed since the date of the judgment or order;

[popeye1]

what would the warrant be ,i mean how much would they want,and many thanks forv all your replies

[babybear39]

Just got back from a well earned break, so sorry for ther delay in reply...

 

In my experience, on a debt of £14000, the warrant was for about £150 which included court fees.

 

You should apply to have it varied via the court that granted the initial CCJ to an amount you can afford.

 

You can ask your local county court for the forms and there is a fee to pay unless you're on certain benefits.

 

If you need more help, give us a shout.

[popeye1]

Thanks babybear

[Pat-Uk]

Hi

 

I was also under the impression that a CCJ is not subject to the six year rule in the same way that other debts are. A creditor only needs to apply to the court for permission to persue the debt if it goes over 6 years.

 

I was advised of this by a solicitor who was acting on my behalf. On the plus side if the debt has dragged on for a while, you can still try to blag a cheaper full and final settlement and have the CCJ marked as satisfied, I did this myself and reduced a debt of around 6k to around 2k I had allowed the CCJ to get ignored and and the company started procedings to get the CCJ enforced.

 

I told them I would start to pay it of an £10 per month or settle in full lower, after a bit of haggling I got a better deal.

 

So going back to the OP, the debt is not gone after 6 years, it won't be on your credit report but they can still come and collect it if they apply to the court.

[popeye1]

Thanks Pat-UK ,but i could not pay very much to a ffs,we have just found out we have missed it and do not know if to just let it go or start paying again,i think we might wait and do as you say if we can get it down alot.

It is an old account so i wonder if we can ask for the charges to be knocked off , that would help the total fall

[babybear39]

Can you tell us how much you're supposed to pay on it per month?

[popeye1]

£20, we could pay it unless we get hit by some others that are looming

[Percival Wigglesbottom]

If they aren't chasing you , why stir up the hornets nest ? A ccj can last forever , or until the original court documents are lost and /or illegible . What year was this ccj issued ? I had a few ccj's a long time ago, i never paid them .. never heard a word about them since . I bet i won't hear anymore about them either , surprising how bits of paper deteriorate and/or get lost over the years.

 

Mine are like 18 years old now , I imagine yours aren't quite that old .. it's a gamble I guess, it worked for me all those years ago but it's different today i guess , databases and all the info they store about you everywhere , won't be the same as it was back then.

Edited June 24, 2008 by Percival Wigglesbottom

[popeye1]

Do they drop off your C/File

[Percival Wigglesbottom]

Yep, my file is clean , the ccj entries fell off years ago.

[Pat-Uk]

Yes as Percival says, they fall off your history after 6 years, Even thought mine is paid, I did not have it marked as settled as I was led to believe it would then re-start the 6 years, and it comes off in January 2009 anyway.

 

And no sign of a CCJ on my history is better than a ccj even if it is marked as paid.

[IdaInFife]

I have a unpaid ccj that is due to drop off this december and I am hoping that they have forgotton

 

And even if they come back to try to re- enforce i have done a bit of reading around here and will certainly be able to get rid of it as they didn't comply with anything they should have ((buried head in sand at time)) but now due to cag i have plenty of amno to contest it but I won't do anything about it unless they approach me first.

[popeye1]

Thanks for all your replies ,i will i think just leave it and hope it stays away ,again many thanks