CCJ Expiry

[Richard999]

Hi all

I need some advice on whether a CCJ ever expires.

I had a CCJ against me in 2005 for £ 2,000 which I never dealt with and was never enforced by the creditor. This dropped off my Experian file in 2011 and I believed that was the end of it but I have recently had a letter from a solicitor requesting payment !

Do they have a valid case after so much time ?

Rich

[The Tech Clerk]

Re: CCJ Expiry

Seems that they would have to have a bloody good excuse to start recovery at such a late period of time? so it is a try on, times must be hard for them hahahahahaha!! other I am sure will also comment.

[daisy]

Re: CCJ Expiry

I thought they would have to go back to court after six years and explain why they had not secured payment :-)

[The Tech Clerk]

Re: CCJ Expiry

I thought they would have to go back to court after six years and explain why they had not secured payment :-)

Exactly! and a dam good excuse.

[Richard999]

Re: CCJ Expiry

Thanks for the replies.

I have done some research and it seems that a CCJ can be legally enforced at any time after it's issue unless you are bankrupt or dead !!

Rich

[The Tech Clerk]

Re: CCJ Expiry

Thanks for the replies.

I have done some research and it seems that a CCJ can be legally enforced at any time after it's issue unless you are bankrupt or dead !!

Rich

Richard contact Paul our preferred solicitor he may be able to enlighten you further?

[daisy]

Re: CCJ Expiry

I agree with Tech Clerk, that contacting Paul will give you an accurate answer.

However, I'm sure that they would have to offer a very good reason for waiting over six years to collect on this ccj, it might depend on whether you have moved home and they had to find you.

Is it a large debt? If they do choose to go back to court, could it be defended?

Dibs

[Never-In-Doubt]

Re: CCJ Expiry

You guys are right. No need to contact Paul. It's clear that a CCJ doesn't "expire" per se but as its sat there for 6yrs they'd struggle to enforce it without going to court and having a bloody good reason why its taken +6 years to enforce the CCJ.

You'll be safe to ignore it. It's as good as dead. Just forget about it. There won't be any record on any credit file or trust online, so see what happens.

[Never-In-Doubt]

Re: CCJ Expiry

The solicitor that wrote - what have they said and who is it?

[Richard999]

Re: CCJ Expiry

It's £ 2,000 and there is not a lot they can do at the moment as I don't own a property anymore and am self employed so an attachment of earnings would be a problem for them.

I hope to buy a property in the future and would be pissed off if ccj's from the past could be enforced to maybe put a CO on the property ?

Rich

[Never-In-Doubt]

Re: CCJ Expiry

If a creditor tried to enforce it your defence would be Section 24 Limitations Act 1980.

See this (scroll to s.24) --> Limitation Act 1980

You'll hear people say that the judgment debt is not an action brought upon the judgment because they are not separate proceedings but that's open to interpretation.

Basically I'd write to the solicitor as follows;

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx and note the content within.

I refer you to Section 24 Limitations Act 1980 which is clear in its wording;

(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.

As the original CCJ was in 2005 I'm not prepared to enter into discussion and any repeated letters will result in a formal complaint being made to the ICO, OFT & SRA.

I look forward to your confirmation that this matter is closed.

Yours faithfully,

Sign digitally.

[Never-In-Doubt]

Re: CCJ Expiry

It's £ 2,000 and there is not a lot they can do at the moment as I don't own a property anymore and am self employed so an attachment of earnings would be a problem for them.

I hope to buy a property in the future and would be pissed off if ccj's from the past could be enforced to maybe put a CO on the property ?

Rich

They'd need to go to court to get any AoE which would, 99% be declined by a judge.

You'll be fine

[Richard999]

Re: CCJ Expiry

Thanks Niddy as always !

I wasn't too worried but will write back to them as suggested !

Cheers

[julian]

Re: CCJ Expiry

I don't want to frighten the horse, but....

Just wondered what constitutes enforcement? What has to take place for enforcement to be activated?

In previous postings and elsewhere it is considered that Charging Orders are not enforcement.

Do the 'polite requests' for payment they send requesting payment constitute attempt at enforcement? These are almost in parallel to admitting the debt exists, as the creditor/solicitor is waving a flag to say it is alive.

[Never-In-Doubt]

Re: CCJ Expiry

Fair point but as I said, it is open to interpretation plus, they would HAVE to seek court approval regardless; prior to any action; as its now +6yrs.

OP is Currently assetless so no CO can be forthcoming

But valid points. It's a very grey area plus we have few, if any, cases to go by where a court granted action after +6yrs...