returning from 8yrs overseas - poss Old CCJ's might give me issues

[knobbygb]

Hi. I've been lurking for a while and found loads of useful information about CCJs

but nothing that could answer my particular questions.

 

My situation is that

 

I believe there are several CCJ's issued against me but all must have been more than six years ago

as they do not show up on a search of Trust Online,

so have been removed from the public record (if they exist at all).

 

I left the address where I incurred the debts (several unpaid Credit Cards and a bank overdraft)

eight years ago and actually went abroad, without giving any forwarding addresses to anyone.

 

I have been out of the UK for eight years with no contact whatsoever from any of the companies

or from any court, so I have no idea if these CCJs even exist, but I assume they must, surely.

 

I am aware of the Statue Barred rules and fully understand that any debts

which ARE covered by CCJ will NOT fall under SB.

 

I am just worried that these CCJs could still be enforced in the future

and yet I cannot find any details of them or if they even exist at all.

 

My specific questions are:

 

1) Does anybody have experiences of credit card companies or banks NOT seeking a CCJ for a defaulted debt?

It's worth a shot, I suppose, but highly unlikely.

Maybe as there was no record of me in the UK and thus very little chance of collecting,

they might not even have bothered.

 

2) Is it true that there is no way whatsoever for me to trace these supposed CCJs

without knowing the judgement numbers/dates etc.?

It seems even the courts themselves do not keep a record after six years

and only the original claimant (or the assignee if the debt has been sold) would even know they exist.

 

For obvious reasons I will NOT be contacting the companies concerned.

 

3) What does it take for a 6+ year old CCJ to be "re-activated", if that's the correct term?

 

I have read on here that "unusual" circumstances have to be demonstrated

in another visit to court before a 6 year old CCJ can be actioned.

 

Does this happen often?

Any examples?

Would the fact that I have been totally untraceable in the UK for 8 years

be any sort of mitigation as to why they have not tried to enforce the judgement(s) yet?

 

I think that covers my concerns for now.

 

Let me know if I need to provide any further information and a

 

big THANKS in advance.

Edited June 26, 2014 by knobbygb

[AndyOrch]

Hi Knobby and welcome to CAG

 

If the claimant has not " executed the judgment " within 6 years then their judgement becomes statute barred... as the judgment replaced the debt in effect the debt as also become Statute Barred.

 

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.

 

 

 

Regards

 

Andy

[knobbygb]

Thanks for the prompt advice Andy.

 

It seems pretty clear cut then,

since it's there in black and white in the Limitations Act.

Yet, despite this, there are many comments on this and other boards

where people claim that judgements have no time limit and can be actioned even after six years

with "a further visit to the court".

Of course, it's difficult to know the accuracy of such claims without details of what this further visit might entail.

 

One of the first things I learned from this site was that what the law says

and what happens in the real world, particularly where county courts are concerned,

can be two very different scenarios,

 

I'd be interested to hear from anybody who actually has concrete experience of actions being attempted under a judgement older than six years.

 

Thanks

[dx100uk]

even if you had CCJ's there nowt they can do about it

as they were probably issued whilst you can prove you were resident abroad

 

what is your really worry here?

 

if I was abroad and I had CCJ's I wouldn't give a monkies..pers.

 

dx

[knobbygb]

Well my worry is that now I am starting again in the UK and once I show up as being here, there will be bailiffs knocking on the door. Personally I am up for the fight, especially after what I have learned here, and I wouldn't care if it just concerned me. But I will be living with my girlfriend and our kids and I don't want to bring down a load of hassle on them and risk their possessions being seized. She is fully aware of the situation and very supportive

but I guess I'm just the kind of person who like to cover all bases and consider everything fully.

 

And, no, I have no way of proving I was ever abroad, or anywhere else for that matter, for the last eight years. I having been living "off-radar" working for cash-in-hand and living with friends and family. There has been absolutely nothing in my name (bank account, rental agreement, vehicle, even a mobile phone) for eight years. In effect I have not existed.

Edited June 27, 2014 by knobbygb

[dx100uk]

bailiffs?

 

I very much doubt that.

 

its extremely rare for court baiiffs to go after people with CCJ's

and even rarer for the claimant to get the HCEO's involved as it costs extra

 

and as the CCJ's are prob very old

they'd have to return to court to enforce them. FIRST.

 

have you actually done a trustonline search at your old address to check if any CCJ are there?

[dx100uk]

sri I see you have checked

 

pers I think you are worrying about nothing.

 

and again , bailiffs cannot take anything else bar YOUr belongings

 

but anyway

 

that's an extremely rare. and after 6yrs.

 

forget about them

 

go get on with your new life.

 

dx

[knobbygb]

Yes, I've done a Trust search and there are no CCJ's listed but, as I say, all my defaults were around eight years ago so the judgements would almost certainly have been removed by now anyway.

[knobbygb]

Thanks. I'm not really THAT worried but, as I said, just very thorough. The whole subject is fascinating and this site and its contributors have made me feel much better already.

 

Bailiffs cannot take anything else bar YOUR belongings

 

Well, yes.... but the onus is on YOU to prove that they belong to someone else, NOT on the bailiff to prove they belong to you. Bailiffs would be a stress, but there is no way I would let them in under any circumstances so it is almost a moot argument anyway. Always assuming THEY conform to the rules and guidelines of course.... and I REALLY WOULD trust them to do that!

[dx100uk]

forget about them

 

go get on with your life

 

prob been sold on years and years ago

 

there are no examples that I have seen of anyone actually having any issues when returning after 8yrs.

 

IMHO you are worrying about 'nothing'.

 

which even if 'nothing' does turn up

 

its easily dealt with.

you certainly will not and cannot

have hoards of bailiffs breaking your door down as soon as you register on voters.

 

old wives tales.

 

dx

[dx100uk]

Thanks. I'm not really THAT worried but, as I said, just very thorough. The whole subject is fascinating and this site and its contributors have made me feel much better already.

 

 

 

Well, yes.... but the onus is on YOU to prove that they belong to someone else, NOT on the bailiff to prove they belong to you. Bailiffs would be a stress, but there is no way I would let them in under any circumstances so it is almost a moot argument anyway. Always assuming THEY conform to the rules and guidelines of course.... and I REALLY WOULD trust them to do that!

 

no you go do a statutory declaration to the fact

 

anyway this thread is getting WAY too paranoid now.

 

dx

[Ganymede]

Technically the Claimant can apply to court for permission to enforce the judgment and it would be for the court to decide.

 

After so long abroad it's unlikely anything will happen.

[AndyOrch]

And technically I have yet to see either one claimant try to apply for permission or one ever being allowed:wink:

[Ganymede]

And technically I have yet to see either one claimant try to apply for permission or one ever being allowed:wink:

 

I personally have done a couple of applications and been successful, the oldest CCJ being 14 years old.

 

The Defendant has been abroad and the Claimant couldn't reasonably have enforced without having to incur huge costs. Some Judges would think it reasonable to wait until the Defendant returns but it really is a lottery.

 

Maybe I just got lucky!

[AndyOrch]

What type of debt were they in regard to Gany?