Shall I bother to have CCJs set aside?

[guiltridden]

Hi all!

Joined the forum 2 nights ago and have to admit it´s addictive reading.

I moved from the UK to Spain in August 2004. After posting a question about my UK debt, I paid Trustonline to find out what debts we have back in the UK. There are 2 CCJs for my husband, 1 dated 04/01/05 for 3,000 and the other 17/05/05 for 5,900. There is 1 for me, dated 25/08/05 for 4,000. My question is ¨Is it wothwhile for me to try and get them set aside?¨ Obviously we were no longer living in the UK when these CCJs were taken out against us. We have no plans to move back to the UK......but can never say never! If my parents were ill or whatever, perhaps we would re-think the situation. Shall I just leave well alone? We haven´t been chased for money in any way since we arrived here(6 years this August), and I don´t really want to open an unnecessary can of worms!

What possible repercussions could arise?

 

Sorry to ramble.

Edited February 4, 2010 by guiltridden

[Hardupnotfedup]

In 18 months these debts will all be statute barred personally I wouldn't rock the boat Id also remove exact amounts from forum as there is a small chance you could be identified, better safe than sorry. With a bit of luck you can enjoy lijfe in Spain and not in this hole of a country

[guiltridden]

Hey hardupnotfedup! Have altered the amounts as you suggested, thanks for that.

We have been here almost 6 years and there is good and bad to be honest, same as the UK.

Worst thing about living here is the frustration sometimes. Most Spanish don´t have an urgent bone in their body! It really is, mañana mañana. Just thought as I have a spanish keyboard that might not be written correctly once it´s on the forum! Manana.

Thanks

[cerberusalert]

Even if you are living abroad, they can still come after you for a debt especially in the EU.

 

Some UK Debt Collection Companies may have Partner Companies in the EU. Any agreement regulated under the Consumer Credit act is only enforceable in a Britsh court.

 

The EU has agreed a procedure known as an EPO -European Payment Order which came into force in January 2009 and can be used to enforce collection of a UK debt without the CCJ. The European Payment Order is only available for cross-border cases. It allows for citizens and businesses to use a simple method to enforce uncontested payments.

 

A reciprocal agreement in the UK means a UK Court can enforce a CCJ using the legal system of the other country. If there is no such agreement in place, a creditor can sell a debt to an agency in the relevant country and debt recovery procedures will commence under the law of that land. A creditor may have their own office in that country, or relations with other credit companies in that area.

 

If a creditor has taken legal action on an account, the debt can be legally recoverable indefinitely. This means that someone could start a new life abroad and work hard for the assets they accumulated, only to find a few years down the line that a creditor has traced them. Everything they have worked for is put at risk and could be taken from them to repay their debt.

 

The European Payment Order is under PART 78 EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES - CIVIL PROCEDURE RULES

 

Link here:

 

PART 78 - EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES - Ministry of Justice

[Bazooka Boo]

A CCJ is never spent, and will never be Staute Barred.

 

A judge could enforce the CCJ even after 6 years has passed, but would be at their discretion, and would need to be shown a valid reason as to why it had not been enforced.

 

If you have no plans on returning then, I wouldn't worry.

[247orbital]

but it has never happened to date, lets make that quite clear. 6 years is considered more than enough time for anyone to make efforts to enforce a CCJ etc.

[jimbo45]

In 18 months these debts will all be statute barred personally I wouldn't rock the boat Id also remove exact amounts from forum as there is a small chance you could be identified, better safe than sorry. With a bit of luck you can enjoy lijfe in Spain and not in this hole of a country

 

Hi there

once a debt has a CCJ against it then it CAN'T BE STATUTE BARRED unfortunately.

 

However you don't live in the UK -- have no assets in the UK so there is absolutely NOTHING ~NADA that the debt collectors can do -- no Charging Orders, Bailiff's, Bank account seizures or Salary attachments.

 

I'd just enjoy Spain and forget the whole kybosh.

 

The debts won't go away but it will be marked Uncollectable.

 

If you DO return to the UK the oinlky thing that will happen is the credit reference won't be good -- but with that much debt will you WANT credit again --don't think so.

 

There is some talk of "Cross Europe" or "Pan Europe" debt collection - but I doubt very much if any collectors will get very far - you haven't given them your new address and they'd have to start the whole Court thing again with highly un-predictable results.

 

Cheers

jimbo

 

Cheers

jimbo

[themagician]

cant imagine carter ever getting on a plane/train outta weybridge ,hes to bloody idle!.

[jimbo45]

Hi there

He's probably too busy trying to get money out of Ryan Air.

 

Cheers

jimbo

[citybird02]

Hey hardupnotfedup! Have altered the amounts as you suggested, thanks for that.

We have been here almost 6 years and there is good and bad to be honest, same as the UK.

Worst thing about living here is the frustration sometimes. Most Spanish don´t have an urgent bone in their body! It really is, mañana mañana. Just thought as I have a spanish keyboard that might not be written correctly once it´s on the forum! Manana.

Thanks

 

hi guiltridden,i am wondering, even with ccjs against your name have you been able to come back and visit your family in the uk or have they stopped you at the border? do you know if they check anything like this when you enter the country?thanks!!

[guiltridden]

Absolutely! You will not be stopped entering the UK or anything. It is a civil matter, not a criminal one. Don't worry, visit your family without stressing about anything like that. Take care.

[cerberusalert]

Thread moved into the Overseas forum.

[cerberusalert]

@ guiltridden

 

Did you ever do anything about those CCJs?

 

If not the are unenforceable now after six years if you didn't pay towards them.

 

Any judgment would have dropped off after six years so even if they had of obtained one it would be out of time now and they can't pursue it. See sec 24; http://www.legislation.gov.uk/ukpga/1980/58

 

If a creditor tried to enforce it your defence would be section 24 of the limitations Act 1980....

 

(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.

 

For this reason alone, cc judges would not normally allow enforcement.

[guiltridden]

Hi there,

No I didn't do anything about them and never heard a word about them either.

Regards.

[cerberusalert]

Well as I said there is nothing they can do now as they've left it too late. All reference to the CCJs will have fallen off your credit file and the Trust registry.

[guiltridden]

You're absolutely right, there's no reference to it now on my credit file. I'm fully aware that Statute Barred doesn't come into play but, by the same token, CCJ's were issued when I didn't reside in the UK.

[cerberusalert]

CCJ's were issued when I didn't reside in the UK.

Now they are past 6 years old it would save you the time and expense of having them set-aside if they tried to enforce as you can now rely on sec24 of the Limitations Act... even if they tried it with another court within the EU.

[guiltridden]

Many thanks for your expert opinion. I still have sleepless nights (not as often though now) and worry about returning to live in the UK should I need to, but I shall cross that bridge as and when.

[cerberusalert]

I still have sleepless nights (not as often though now) and worry about returning to live in the UK should I need to,

Definitely not. If anyone was stupid enough to chase these CCJs or apply to a court for permission to enforce you have an absolute defence under Sec24.

[guiltridden]

I guessed that would be the case but, it's true that you can never run away from these things forever! I would have trouble getting a mortgage in the UK regardless of how long it's been. Thank you.

[cerberusalert]

I would have trouble getting a mortgage in the UK regardless of how long it's been.

No, all records of CCJs are expunged from your credit file and the Trust registry and the court records are archived. The only way they could be found is by applying to the court and providing the original court case number and a lender would not go to that trouble even if they suspected that a CCJ existed.

[guiltridden]

Wow! I didn't realise that. There IS light at the end of the tunnel after all! Quite an eventful Friday evening....

[twofoot]

If you came back to the uk your only problem would be lack of credit history. Your CCJ's won't come into it, period.