Enforcement of 8 year old CCJS

[LiverpoolTenant]

Dear All,

 

I need some of your wisdom. I was renting an apartment with a colleague in 2000, paying my half of the rent into his account for him to pay it all to the landlord. It was a joint and severably liable tenancy. The long and short of it, he ran off without any payment to the landlord and left us both distraught and the landlor £7k short. The landlord then sought proceedings via the county court to recover lost rent and his solicitors fees. In all the judge asked the landlord to release me from the debt as I was able to prove my payments. However, he held that I was not to be released. The judgement was made in June 2001, that myself and colleague were to repay and we both moved with assurances that my colleague would pay the amount outstanding. He did not pay and I was unaware having moved addresses etc. In all, it is now 2009 and I have just received a letter to my parent's address from the landlord's solicitors threatening enforcement of the debt of the £7k. I am most upset by this. Is this allowed? Is this legal after all this time? What can I do to cease this behaviour? I certainly can not afford the £7k.

 

Pointers very much welcomed.

 

Thanks

 

D.

[cerberusalert]

They cannot take enforcement after six years without leave of the court & even then they would have to show good reason why they didn't pursue the debt earlier.

[LiverpoolTenant]

So is it a challenge for them to re-raise the enforcement after nearly 8 years? Also, will I get a new CCJ on my credit file if they do this? THey are also writing to my parents address and not to me.

[cerberusalert]

It would be extremely difficult for them to get the courts permission to enforce the CCJ after six years. They would have to show good reason why they hadn't before & as they knew your parents address they could hardly say they had no means of contacting you.

 

Even if they managed it, it would be the original CCJ they wouldn't get a second one so it cannot be registered on your credit file again. Similar to a default a CCJ drops of your credit file after six years, the difference is it never becomes Statute Barred only unenforceable without the courts permission.

[LiverpoolTenant]

Given that that after 8 years they have still not enforced it, I am tempted to just leave it until they write to me at the correct address and the court have backed the enforcement. At such time, I guess I will have to make an arrangement with them to pay the monies (although morally not in agreement). Is this a recommended approach?

 

Legal stuff heh! I was just worried that a CCJ would be just reapplied to my credit file.

[LiverpoolTenant]

Following the posts above, what would be the best/ most recommended approach for me?

[cerberusalert]

As I said earlier they can't get a second judgement for the same debt, nor can they re-enter it onto your credit file once it's dropped off + they'll have to get permission from the court to enforce the original CCJ.

 

I would ignore them until such time as they come up with something more than mere threats.

[LiverpoolTenant]

Hi Cerberus,

 

Thank you for all your help with this matter. So, basically, I should wait until I receive a letter from the courts and then take it from there, should the court accept their request? Additionally, if they apply to the court, what happens then?

 

Many thanks, much appreciated!

[cerberusalert]

I've never known a creditor applying to re-enforce a CCJ, but I assume the court would contact you before a decision was made.