Channel Isles Loan CCJ from 2016 in old name , now married in uk - worried

[anxious2022]

Hi, I am after advice.  I recently discovered a CCJ was issued against me in my previous married name in 2016 in the Channel Islands.  I moved abroad that year and knew nothing about it, nor received any paperwork.  I was remarried in 2015 so the CCJ is not in my name now.  I moved back to the UK last year and just moved house again (now a permanent address at last!).
I suffer from extreme anxiety and depression as well as PTSD so am concerned about any action that might be forthcoming.

I believe the CCJ was to do with a loan my ex-husband took out in my name!  One of many reasons why I divorced him!

Where do I stand please?  The CCJ was issued in August 2016 and I have had no correspondence with anyone about the loan since my divorce in 2015!

Can anything be done to enforce this, as it was issued in my previous name and at my address of 6 years ago!?

[AndyOrch]

Welcome to the forum.

 

So in 7 months time....Aug 2022

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Regard's

Andy

[anxious2022]

Thank you for replying so quickly! 

 

I honestly do not know if any enforcement action has already been taken.  My circumstances changed a lot over the last few years, moved abroad, moved house over there, moved back to UK and moved again since. 

 

Any correspondence may have gone to one of those addresses but I assume would have been either returned or binned as nobody would have known my previous surname! 

 

I just dont know whether I should do anything or wait to see if someone contacts me. 

 

The amount is £10k, of which I never saw a penny!  I certainly cant afford that as I have two children at home with me, one is autistic and we are on Universal Credit!

Edited January 26, 2022 by dx100uk
spacing

[mantis shrimp]

One obvious tip for staying under the judgment creditor's radar is to do your best to avoid giving out your previous married name, eg when applying for credit.

 

Is this CCJ in the English Courts or the Channel Islands? Your first post is unclear.

[anxious2022]

Hi, the CCJ was issued in the Channel Islands court at my address when I lived there under my previous married name.  I never use or give out my previous name (a big mistake Id rather forget!)

[mantis shrimp]

Do you mind if I ask how you found out about the CCJ?

[anxious2022]

It was a letter sent to my old address abroad, in my previous name that was forwarded to me by the new occupier with other mail they had received.  They saw the first name and just assumed it was for me despite the surname being different.

[mantis shrimp]

OK. That suggests that someone is trying to find you.

[anxious2022]

I am all over the place worried about this.  I cant afford to pay it and dread someone knocking on my door.   I had no idea until yesterday that this was even going on.  I guess I just need to know what they can do if the original CCJ is in my old name and will be 6 years old in August.

My family have been through hell the last two years, just getting back on our feet but my mental health is still really bad, on medication for PTSD.  I just dont think i can take any more stress

[dx100uk]

no-one will knock at your door and even if they do it would only ever be a powerless DCA who are NOT BAILIFFS and have ZERO legal powers on any debt whatever its type. as andy says should anyone ever try court you would be informed FIRST.

 

forget about it.!!

 

have you checked your credit file recently?