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Limitation on CCJ's - A few Facts to Clarify

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Having an interest in the matter of a CCJ and following recent posts I have read in connection with the 'Limitations' of CCJ I have done a little investigating this evening and have, I hope put together a 'definitive' answer to various questions and assumptions that are to be found in various threads.

 

There is of course, the well know FACT that a Judgement must be paid in full within 28 days in order that it can be removed for both the CRA files and The Register held by the Registry Trust.

 

Also, if and or when the Judgement amount is fully paid, you need to obtain a Certificate of Satisfaction which costs £15 and upon sight of that document the CRA files and The Register will be amended to show Settled/Satisified. It still stays on the CRA files for 6 years.

 

With regard to the Limitation Act this is where some 'facts' become distorted. The Act states as follows:

 

If the creditor has been to court and there is a county court judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court, the county court judgment will still exist. However, the creditor may not be able to enforce the judgment without the court's permission if the judgment is over six years old. This would need to be brough before a District Judge, who would want to know why all the steps in place to secure payment have either not been used or have been unsuccessful.

Acording to statistics permission to continue collection activities is rarely given.

This also applies to the appearance of a CCJ on your Credit Files. It will 'drop off' after 6 years.

 

It has been stated on a recent thread that the creditor canre-list the CCJ on your CRA files for a further 6 years, and keep doing so until it is paid.

 

According to my investigations it would appear that whilst this is in itself correct, this can ONLY be done by the Original Creditor, whose records may not even go back that far, or, indeed the 'debt' will probably have been closed and sold on passing through the hands of many DCAs during the first 6 years. So, although possible, it is not usual for this to happen.

 

The next miss-quote is to do with The Register at the Registry Trust, many believe that they hold details of a CCJ for ever. This is not so.

 

County court judgments (CCJs) stay on the register for six years. The judgment will be removed if it’s paid within a month – if paid later, you can have it marked as satisfied.

County court judgments: The six year limit

 

Details of county court judgments remain on the register for six years from the date of judgment, unless the judgment is set aside, or the amount is paid in full within one month (see below).

 

So again, it has been confirmed that The Register of CCJ deletes these at the expiration of 6 years.

 

If I have mis-quoted, or misinterpreted, or left anything out, please post below so that this could become an informative thread.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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It has been stated on a recent thread that the creditor canre-list the CCJ on your CRA files for a further 6 years, and keep doing so until it is paid.

 

like you i dont think this is correct

theyhave to go back to court for a redetermination to relist it.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Yes, that is most probably the comment that made me start searching.

 

Whilst that comment is true, it needed further clarification and it would appear that theoretically at least it can be done, it can only be done by the OC or the person you gained the CCJ, and as they have long since relinquished their claim on the alleged debt, it would be most unlikely they would even try and even more unlikely that a District Judge would grant permission.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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