Charging order - 10 year old CCJ

[LiverpoolTenant]

Hi All,

 

In 2000, I was issued with a CCJ for £5125 from a dispute that arose from the non payment of rent by another tenant under a joint tenancy (land law tenancy agreement). I had a review of my finances in 2000 at the local county court who advised I did not have the means to pay. In July 2010, after hearing nothing from them for 10 years, I now own a house jointly with my better half (who had no involvement in the original CCJ). The hearing for the charging order is in two weeks. Now they have decided to enforce the original judgement, I may offer to satisfy the original judgement in full. However, I note they are trying to charge interest (of £6k for the ten years i.e. approx £11k charging order in total) and I have read that interest on CCJS is statute limited to 6 years.

 

 

 

 

Thoughts welcomed on:

• Likelihood of the courts allowing the Charing Order where the property is jointly owned with an innocent party who owns the fully equity and when there is an offer to satisfy the judgement in full on the table.
  
• Can they levy interest on the judgement and if so for how long and at what rate?
  
• Is there a statutory rate of interest?
  

Any pointers welcomed.

[dx100uk]

needs moving to the legal forum

i'll get that done

 

now

i always though they would have to get the CCJ re-instated FIRST, before it could go to a CO? as its over 6yrs

as for the interest if it is NOT specifically stated on the original judgement, they cannot now charge it either

 

dx

[MARTIN3030]

Seems done.

[MARTIN3030]

Ah Freaky beat me to it.

[LiverpoolTenant]

Thankyou for your pointers. Is there a process they should have followed then within that initial 6 years to have the CCJ extended for enforcement? I also notice that limitation act does not apply to those original judgements, however it does apply to fresh action on judgements. I would be interested to know opinions over what a 'new' or 'fresh' action may be?

 

I will be offering settlement of the original judgement, but is going for a charging order a new action on the judgement and therefore statute barred in this scenario?

[dx100uk]

who is doing this BTW?

 

dx

[LiverpoolTenant]

It is an landlord. I was in a joint tenancy and the other party ran off with the money without paying. Although attending the CCJ hearing in 2001, admitting responsibility, he still ran off so I am left with the burden of this action against me.

[dx100uk]

something fishy here

 

if the other party 'ran off with the money', why has he not been persued by the police for theft?

 

there is nothing they have to 'do' within the 6yrs

but outside of 6yrs i'm sure it must go back to court first.

 

if this were council then i'd trust what is going on

this is a private landlord and i would not trust anything is correct or being done correctly or was done correctly.

 

small claims case i expect?

 

you need a legal eagle on this

not my game

hit the warning triangle and ask the site team to get someone lnowledgable to [pop in later

 

this smells.....

 

 

dx

[LiverpoolTenant]

HI there, thank you for your time on this one. Where you mention hitting the warning triangle, where is it? Bit of a newby and the only one I see is to report a post

[dx100uk]

thats the one

matters not that you are not 'reporting' abuse etc

just ask they are very good

 

dx

[LiverpoolTenant]

I Have hit the triangle, fingers crossed!

Thank you again and have a good day