Permission to reissue CCJ enforcement after 6 years

[mrjon]

Dear People, I wanted to ask your opinion on the enforcement of a CCJ after 6 years,  I may or may not have a CCJ against me I do not know, but it's possible I do, it's way longer than 6 years.

if a debt collector attempts to enforce a CCJ by seeking permission from the court to reissue enforcement, the court will no longer have ANY records of the CCJ, my question is,  must the debt collector have proof of the existence of a CCJ as a matter of fact by producing the actual CCJ ? surely just quoting a claim number and an amount of debt could be erroneous as the court has no means to verify this.

As an example, if I wanted to get remarried I would have to show a copy of the decree absolute to the register, I could not say I was divorced 15 years ago on this date, they need proof, does that standard apply to a claimant saying they posses a CCJ?

Any thoughts please welcome

[honeybee13]

Hi.

Have you checked your credit file online for CCJs?

HB

[dx100uk]

if its more tan 6yrs ago it wont show and its dead

forget it ever existed.

 

dx

[dx100uk]

same as 

wherever are you getting these wild ideas from ?  and worrying about nothing?

dx

[Ethel Street]

You apparently don't even know if there was. CCJ so I wouldn't worry about it. And if there had been a CCJ why might it not have been enforced up to now?

You are right that if the CCJ exists  it is possible for a debtor (not a debt collector unless they have bought the debt) to apply for a court order to enforce after six years but this would be very hard for them to get.

I can't remember when I last saw a successful case of this happening although it does happen from time to time.

They would have to show exceptional circumstances why they had not enforced before. eg you had been out of the country ever since and only just returned.

They would apply to the court under CPR rule 83.2.  That requires them to "identify" the debt but doesn't define how. That would be up to the judge.

I'm  not a lawyer and I can't tell you if any court cases have decided what "identify" means but I'd expect the judge to want to see the original CCJ.

Unless there's a back story here that you haven't told us I can't see you have anything to worry about.

 

[jk2054]

Lowsley V Forbes 1998 may help 

They can enforce it but theres a limit on interest.

exceptional circumstances are required