CCJ and 6 year limit and out of the country

Good evening everyone,


Wasn't sure to post this here or in Debt-free Wannabe.


I have a CCJ for a debt that has a default date of Sept 2011.


The CCJ date is March 2015.


I understand that the CCJ will remain on file for 6 years.


However, make yourself comfortable, I was out of the country when the CCJ was issued. I have rarely worked in the UK for the last 10+ years and when I don't work I travel. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside.


If I wait a month and if this is successful, will the debt be too old and drop off my file?


I have had other debts removed from my file as I had no contact with them for over 6 years. Honestly, I'm a little giddy, I can't believe it.


Your thoughts and advice please warmly appreciated.


B
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Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546
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    benson98 wrote: »
    I have rarely worked in the UK for the last 10+ years and when I don't work I travel. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside.

    The CCJ was only issued as you made no response to previous demands to settle an unpaid debt. What happened to your mail in your absence abroad? The fact you had no forwarding mechanism is not the concern of the court. The creditor merely has to serve papers on the last known address.
  • benson98
    benson98 Posts: 39
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    Post was with binned or not at the place I stayed. I would stay in the UK for a few days before leaving again.


    So there are two outcomes? If the court upholds the judgement I have to pay the debt.


    If the court sets the judgement aside will the limit have passed and the debt removed from my file?


    Thank you
  • TBagpuss
    TBagpuss Posts: 11,198
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    I think it is unlikely that the judgment will be set aside. It would be your responsibility to make arrangements for your post to be forwarded if you move away or out of the country.
    Service of a court claim is valid if it is sent to your last known address, so if you did not notify the creditor when you moved, and the claim form was posted to the last address they had for you, then it was properly serviced even if the fact that you didn't arrange for your post to be forwarded meant that you did not get it.

    So yes, you will have to pay the debt, plus interest on it from the date the CCJ was made until you clear it.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • StopIt
    StopIt Posts: 1,470 Forumite
    In order to get a set aside you have to prove to the court that you made reasonable efforts to update your creditors and also have a potential defence for the CCJ.


    If you say you didn't receive a CCJ because you moved, but offer no valid defence for the CCJ itself, it will not be set aside. Also waiting 2 and a half years lessens your chances further. So you need to formulate a defence for the CCJ as well as explain why you didn't update your creditors when you left the country and organise mail forwarding etc.


    It costs £255 to apply for a set aside, and is non refundable. Seek legal advice

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • benson98
    benson98 Posts: 39
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    edited 8 August 2017 at 12:16PM
    What is considered reasonable effort to provide a forwarding address? I've read several posts on here. Some suggest that calling them by phone or going into a branch is reasonable. That is up to their customer service to action something. Also people have said that companies choose to ignore it so they don't have to chase in another country and can do their part by sending anything to the last address they have.


    Seeing legal advice... Let's see what they say.


    Thanks for the replies here.


    If I can't have it set aside and pay - what is my best way to speed up my credit worthiness? This thing will follow me for another 6 years or until the 6 years from the date it was in court?


    Thanks
  • StopIt
    StopIt Posts: 1,470 Forumite
    benson98 wrote: »
    What is considered reasonable effort to provide a forwarding address? I've read several posts on here. Some suggest that calling them by phone or going into a branch is reasonable. That is up to their customer service to action something. Also people have said that companies choose to ignore it so they don't have to chase in another country and can do their part by sending anything to the last address they have.


    Seeing legal advice... Let's see what they say.


    Thanks for the replies here.


    If I can't have it set aside and pay - what is my best way to speed up my credit worthiness? This thing will follow me for another 6 years or until the 6 years from the date it was in court?


    Thanks


    Reasonable effort would mean any action, preferably writing, but any way that you've told your creditors of any moves you make that affect them and their ability to contact you as a customer (Phone number changes etc.).


    If you're unable to prove that you made these efforts, a court will likely not grant set aside.


    Remember, this is only one part of the requirement to get set aside. What defence would you have to show the CCJ is challengeable?


    I note that you asked this question 2 years ago and you were advised to apply for a set aside then. You didn't heed that advice and the passage of time only makes things harder now.


    The CCJ will stay on your file for 6 years after it was filed, although a settled CCJ looks better than an unsettled one to potential lenders. An unsettled one is a big awooga as it indicates to lenders that you're unwilling to deal with debts, even when court action is taken.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • benson98
    benson98 Posts: 39
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    Don't courts feel sorry for idiots? Will that be an advantage?
  • StopIt
    StopIt Posts: 1,470 Forumite
    benson98 wrote: »
    Don't courts feel sorry for idiots? Will that be an advantage?
    No. The courts only listen to legal arguments after all.


    The punishment for stupidity is arguably the CCJ itself, and without any viable challenge to it, it'll stay.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • nic_c
    nic_c Posts: 2,928
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    benson98 wrote: »
    Post was with binned or not at the place I stayed. I would stay in the UK for a few days before leaving again.
    So there are two outcomes? If the court upholds the judgement I have to pay the debt.

    If the court sets the judgement aside will the limit have passed and the debt removed from my file?

    Thank you
    If you apply to set aside, you pay £255 fee but if you lose you have to pay the costs of the other side. If it is set aside, it doesn't mean the debt is set aside just the CCJ.

    After 6 years the CCJ falls off your credit file, but it is still enforceable - i.e. you still owe the debt and if you don't pay they can take extra action like Attachment of Earnings.

    The court only have to write to the last known address, the creditor only has to write to the last known address in the UK . If they were told you had gone overseas, they are under no obligation to find your address abroad and write to you there. Not sure there would be a point due to jurisdiction.
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    benson98 wrote: »
    Don't courts feel sorry for idiots? Will that be an advantage?

    Judges can be intimidating if they feel that they valuable time is being wasted.
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