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CCJ over 12 years in England


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Can anyone shed any light on the above question. I have been contacted by a debt company regarding a CCJ that was taken out against me some 12 years ago for rent arrears totally 500 pounds. This figure has now grown out of proportion to the original debt. I have been on the electoral roll for some 10 years without moving so it is strange why they have only now contacted me about this. What are my options? I have been made redundant recently and I am a houseowner and naturally I am stressed out about this.

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When a CCJ is ordered it is normally for a set amount, there can be no variance of this amount by anyone other than the courts. so if the original amount was say £500, they would need to clarify on what authority the amount has been increased, they would also need toexplain to the courts why they have not attempted to enforce before now, although a CCJ is never statute barred, there have been many cases where a judge has simply said "too late" and ten years is certainly "too late"

 

How much is it now?

 

Do you have a copy of the original judgement?

Did it mention anything about adding charges and or interest?

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Hello there.

 

As Spamheed has said they are really pushing their luck. The general rule is that a creditor has to look to enforce a CCJ in six years, anything beyond that will require a very solid argument from the creditor as to why there has been a delay. There is lots of case law that will back this up - should they try their luck. As far as interest is concerned they are not able to add statutory interest to the judgment as the debt is less than £5,000. My gut feeling is, again, they are trying their luck.

 

My advice to you is to ignore them and only respond if they apply to the courts for enforcement (I doubt they will do this).

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Thanks guys for your response. I have been reading through many articles on CCJ on this site in order to get more knowledgeable on the perdictament I find myself in. From what I have read can you please confirm the following:

1) CCJ last up to 6 years then creditor will have to apply to court to extend it for another 6 years provided there is good reasoning. Therefore can my CCJ still be in play?

2) After 6 years CCJ drop off your credit file, though the debt still exists. Can DCA still hound you for the debt even though its none enforceable whether they have entended the CCJ or not? If this is so, will my car be under threat from these DCA?

 

My fear is that I will have someone come knocking on my door and my home onwership becomes an issue (charging order). Please note I have no credit problems in the past and are currently getting by and have not been in any trouble with the law or anything apart from this CCJ. So naturally I am stressed out by this and anxious to say the least. Its strange when your down your like a magnet for bad news. Any advice would be appreciated. Many thanks

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Hi

Some comments in red

 

Thanks guys for your response. I have been reading through many articles on CCJ on this site in order to get more knowledgeable on the perdictament I find myself in. From what I have read can you please confirm the following:

1) CCJ last up to 6 years then creditor will have to apply to court to extend it for another 6 years provided there is good reasoning. Therefore can my CCJ still be in play?

 

As said previously, if the creditor fails to enforce the judgement within 6 years and they tried to re-enforce this via the courts, they would need a very good reason. They can't use that they couldn't find you as you have been on the electoral role for tthe last 10 years so they would find it very difficult to enforce again.

2) After 6 years CCJ drop off your credit file, though the debt still exists. Can DCA still hound you for the debt even though its none enforceable whether they have entended the CCJ or not? If this is so, will my car be under threat from these DCA?

 

Once the 6 years have passed (and no contact) you may politely tell them to go forth and if they tried to enforce this via the courts, you could object to this.

Your car can't be taken by a DCA. They have to go back to court to get an enforcement order for a bailiff to call

 

My fear is that I will have someone come knocking on my door and my home onwership becomes an issue (charging order). Please note I have no credit problems in the past and are currently getting by and have not been in any trouble with the law or anything apart from this CCJ. So naturally I am stressed out by this and anxious to say the least. Its strange when your down your like a magnet for bad news. Any advice would be appreciated. Many thanks

 

A creditor could apply for a charging order but in your case, I doubt they will get it. They firstly have to get permission from a judge to re-enforce the debt

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Sorry to be parnoid, should I worry about the possibility that some DCA still has details on my case and they start the process of trying to recover the debt. I have read through some of the cases detailed here that people have been chased for debt that is 15 years old or older.

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you have nowt to worry about, pers i'd ignore them

 

two things strike me here:

 

council don't get ccj's, they just get liability orders.

 

dca's don't deal with ctax arrears. [well sometimes in scotland they do]

 

pers i'd phone the council concerned and ask what they have on record about the a/c

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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