Can A CCJ Become Stat Barred? Help Please

[bonzo697]

Hi,

I had a CCJ taken against me in 2003 and had a variation order granted to pay £1 a month. in early 2004 the DCA stopped accepting payments and said they were returning the account. At the time I contacted the issuing court, and was told that they had no record of this and that I should wait and see what happens - I've heard nothing since.

My question is if this reaches 6 years without payment does it become Statute Barred?

Also, how long do CCJs remain on my credit history?

Many thanks

[sam614]

Hi,

I had a CCJ taken against me in 2003 and had a variation order granted to pay £1 a month. in early 2004 the DCA stopped accepting payments and said they were returning the account. At the time I contacted the issuing court, and was told that they had no record of this and that I should wait and see what happens - I've heard nothing since.

My question is if this reaches 6 years without payment does it become Statute Barred?

Also, how long do CCJs remain on my credit history?never becomes stat barred.says on credit file for 6 years.

Many thanks

 

 

after 6 years it is removed from central court records.

if the OC wants to enforce after this time,they need original court details,and have to seek permission from the court,with a good reason of why it has not been enforced before.

 

if a dca has brought the debt.they will only be granted permission within 6 calendar months of purchase date.

 

is it still on your file?

 

SAM:pLOWELL DETESTER

[cerberusalert]

It remains on your credit file for six years from the date it was issued.

 

If they fail to enforce it for a period of six years they would have to apply to the court for permission to continue enforcement & show a very good reason why. A CCJ never becomes Statute Barred.

 

So unless they pursue it before 2010 they'll have to go back to court.

[bonzo697]

Thanks for your replies. I did a check on Trust last December and it was still showing then, but it would have still been under the six year period. I should probably do another one to check. I think my main concern is

if another DCA can try and take this on before the 6 year period as they often do with old debts?

[clemma]

They would still need one hell of a good reason as to why it has taken so long to enforce....

[bigegg]

just as a matter of interest.

If a CCJ for "payment forthwith" was made, and the OC accepted monthly payments instead (without a variation order).

It's now seven years after judgement.

Would the fact I suddenly stopped paying the monthly payments be seen as a "good reason" by a judge to grant an enforcement order?

[clemma]

If you have only just stopped paying, then there has been no gap between the CCJ being issued and them seeking enforcement. A Judge may well grant any such order based on this.

[bigegg]

sorry - I don't understand.

The CCJ was issued 2002 for payment "forthwith" (within 30 days) - so 6 years 7 months since full payment was ordered.

And I haven't actually stopped paying yet - I need to know the full ramifications before I do.

[clemma]

You have been making monthly payments, which they accepted. If you were to stop making payments towards them, then there is that chance they will go back to court to seek enforcement of the full amount.

 

Personally, it is up to you as to whether you want to risk it or not, but me - I would carry on paying OR seek a variation order yourself to lower the payments you are currently making.

 

The time would not come into this as it has not been "inactive" since it was granted. The only time they would struggle to enforce is if they left it x amount of years of non-payment before taking it back to court.

 

I hope this is a bit clearer. I'm rather tired after a long day......