CCJ But I Live Abroad and Never Knew About It

[renegadeimp]

SB is 6 years after your last payment or written acknowledgement of the debt. CCJ will be there until 6 years have passed. It wont be SB'd, but the creditor will find it pretty much impossible to get any enforcement orders after 6 years. Most dca's just write the debt off as a loss and sell it on to a lower level dca, who will try and push their luck.

[Ivan Terrible]

SB is 6 years after your last payment or written acknowledgement of the debt. CCJ will be there until 6 years have passed. It wont be SB'd, but the creditor will find it pretty much impossible to get any enforcement orders after 6 years. Most dca's just write the debt off as a loss and sell it on to a lower level dca, who will try and push their luck.

 

And as the CCJ is with another DCA, the new one would have to apply to the court to reassign it to them?

[Ivan Terrible]

Action should not be taken after 6 years from the date of judgement, very, very unlikely to be allowed

to reinstate.

But, is enforcing a judgment debt not viewed as action brought upon the judgment because they are not seperate proceedings? It's a bit confusing (well, it is for me anyway )

[renegadeimp]

Not confusing at all. If they didnt get enforcement order's in the six year, then they're out of luck.

[steveab1]

But, is enforcing a judgment debt not viewed as action brought upon the judgment because they are not seperate proceedings? It's a bit confusing (well, it is for me anyway )

 

You've had excellent advice and guidance on this forum, just accept it and move on with your life.

[BRIGADIER2JCS]

Example a Judgement is made in favour of a claimant, said claimant does not ''enforce'' the judgement within 6 years of the date of the judgement order, then the claimant cannot enforce the judgement order.

[Ivan Terrible]

You've had excellent advice and guidance on this forum, just accept it and move on with your life.

Wow thanks steveab1. What would I do without your invaluable assistance?

Sorry for asking questions on this forum; maybe I was wrong to think that this forum was about sharing advice and information that it was to help others.

BTW, my question was the result of reading a previous comment on this forum. Hence the reason for my question. If you don't know or are unwilling to offer any advice (other than the rather unhelpfull advice you have offered) then please just accept it and move on with your life.

[Ivan Terrible]

Thanks Brig. That's a really good clear example. Much appreciated.

[Ivan Terrible]

From the following thread post #14 http://www.consumeractiongroup.co.uk/forum/showthread.php?329785-CCJ-Expiry

They don't need the permission of the court except if they want to issue a warrant (Order 26 Rule 5 county court Rules 1981). If they want to do an attachment of earnings or charging order, they can just crack on no matter how old the judgment is. It is not an action on the judgment, so the limitation act does not apply.

This does suggest that, even after 6 years a DCA would not need to return to the court. This is why I am confused. Which is why I'm posting here.

[renegadeimp]

If the creditor didnt get enforcement on the ccj in the six years after judgement they wont get it at all. Forget about what if's. It very rarely ever happens and in your case I am 100% confident that they wont get it.

 

Take a deep breath, put it behind you and move on with your life. You are worrying unnecessarily.

 

If it helps, since 2001 ive had 3 ccj's. Not one of them were granted enforcement orders.

[BRIGADIER2JCS]

IT the examples you quote will not come into your case anyway, but Creditor/DCA can continue to press for payment, but they are very unlikely to do so, even if this did happen and any contact made was frequent/excessive it can amount to harassment, it's of credit files, can be put through the courts again so don't let it concern you further.

[unclebulgaria67]

Ivan

 

While you are researching this, you might as well study for a law degree and when you come back to the UK you can become a Solicitor.

 

I think what the thread you have linked to does not mention, is that if the successful claimant wants to enforce the judgement in the ways mentioned, is that they would have to go back to court. They would have to make arguments, as to why after 6 years they are wanting to apply for attachment to earnings or a charging order. Now I am no legal expert, but I expect that there is case law that exists that would enable you to defend such an application.

 

What you have to be careful of, is assuming that posts on CAG or any other forum, are expert opinions. They should not be taken as fact, but just as opinions by ordinary members of the public. If you contacted a Solicitor they are most likely to tell you to try to negotiate a settlement of the debt, if you can afford to do so. This is on the basis that you don't know whether you will return to the UK or not and are worried about the potential of further court action being taken to recover the debt.

 

My last advice on this. If you are worried about it, then deal with the debt.

[Ivan Terrible]

Ivan

 

While you are researching this, you might as well study for a law degree and when you come back to the UK you can become a Solicitor.

Now I am no legal expert.

 

What you have to be careful of, is assuming that posts on CAG or any other forum, are expert opinions.

 

.

Nowhere have I assumed anything of the sort. I just asked some questions the same as many others have done in the past. So I'm thankful that it is your last advice on this, as sarcasm is never much use.