Legal ? re: CCJ

simj37

file_wizzard wrote:

CCJ's do not become statute barred, they will naturally expire from credit files 6 years after the date of order,

but CAN be reinstated for as long as they remain unsatisfied, they are also “permanently” recorded at the registry trust, satisfied or otherwise.


With regards to costs being added to a CCJ then no, not without a variation being agreed by the court

Absolute rubish, CCJs are destroyed from the registry trust after 6 years settled or unsettled " See the registry trust site".

Also CCJs that have not been enforced for 6 years are subject to (section 24) 1 of the limitations act 1980. Basicaly what this means is if the judgement is not enforced for a period of 6 years then no further action can take place without the permission of a district judge.

You would be hard pressed to find a district judge who would be willing to allow enforcement after 6 years, especially with the options open to a creditor, such as: 1) attatchment of earnings, 2) warrant of execution, 3) Garnashie order. And even in the event that if these should fail they have the 4) option of an oral examination of means, even if it meant that the debtor only paid the judgement at the rate of £2 per month.

Filewizzard, I also ask that you qualify the term "Permanently Recorded" settled or not. Does this mean that all Judgements are held in perpetuity? If that is the case then they must have quite a large storage space to hold all of these judgements.

also another point you make with regard to re registering the judgement. I ask by whom?. Only the original creditor, who secured the judgement would have the legal authority to do this, and then only within the six year time frame of the judgement. And as we know the debt would have been sold on at least 2-3 times before the end of the six years.

Tootsie_Roll

simj37 wrote:

Absolute rubish, CCJs are destroyed from the registry trust after 6 years settled or unsettled " See the registry trust site".

Also CCJs that have not been enforced for 6 years are subject to (section 24) 1 of the limitations act 1980. Basicaly what this means is if the judgement is not enforced for a period of 6 years then no further action can take place without the permission of a district judge.

You would be hard pressed to find a district judge who would be willing to allow enforcement after 6 years, especially with the options open to a creditor, such as: 1) attatchment of earnings, 2) warrant of execution, 3) Garnashie order. And even in the event that if these should fail they have the 4) option of an oral examination of means, even if it meant that the debtor only paid the judgement at the rate of £2 per month.

Filewizzard, I also ask that you qualify the term "Permanently Recorded" settled or not. Does this mean that all Judgements are held in perpetuity? If that is the case then they must have quite a large storage space to hold all of these judgements.

also another point you make with regard to re registering the judgement. I ask by whom?. Only the original creditor, who secured the judgement would have the legal authority to do this, and then only within the six year time frame of the judgement. And as we know the debt would have been sold on at least 2-3 times before the end of the six years.

Er no - it's not rubbish, it's absolutely correct. Staute of Limitations does not apply to ccj's. Please feel free to go to the national debt line, cab or any solicitor and check it out.

simj37

Tootsie_Roll wrote:

Er no - it's not rubbish, it's absolutely correct. Staute of Limitations does not apply to ccj's. Please feel free to go to the national debt line, cab or any solicitor and check it out.

Check out section 24 (1) statute of limitations act 1980

If a Judgement has not been enforced for six years from the date when it became enforceable then permision is required from a district judge.for further enforcement action.

To do this you would need to provide a compelling case to the District judge as to why you did not use any of the enforcement methods availible to you. And of all the district judges that I have encountered they appear very reluctant to do so.

Now, with regard to re registering CCjs, Creditors do not have the authority to Re register county court judgements as you are aware that CCJs are registerd by the Registry Trust as a matter of public record. And as you are also aware these are destroyed from registry trust after 6 years satisfied or not.

Mizz_Pink

Hello

Thanks for replying everyone.

Back in AprilHubby went back to court with my Mum as support (she had been doing all the phoning and writing the letters). The Judge asked the claimant why they were all there and he said to get my contractrual Interest. The Judge said he wasnt entitled to any. The claimant asked for petrol expenses !! and apparantly our sums were out by about £80 which my Mum paid there and then.

The charge was lifted and everything is now hunky dory.

Tootsie_Roll

simj37 wrote:

Check out section 24 (1) statute of limitations act 1980

If a Judgement has not been enforced for six years from the date when it became enforceable then permision is required from a district judge.for further enforcement action.

So firstly you agree that it can be re-started but requires permision from the DJ - I didn't sate the mechanics of how it was done, just that it could be - now you agree. Secondly, File Wizards post really talks about a judgment that is already paying, say over 10 years so it wasn't even a question of having to enforce the judgment, it already had been.

simj37 wrote:

To do this you would need to provide a compelling case to the District judge as to why you did not use any of the enforcement methods availible to you. And of all the district judges that I have encountered they appear very reluctant to do so.

Again they may be reluctant but it can be done and has been. Just not that often.

simj37 wrote:

Now, with regard to re registering CCjs, Creditors do not have the authority to Re register county court judgements as you are aware that CCJs are registerd by the Registry Trust as a matter of public record. And as you are also aware these are destroyed from registry trust after 6 years satisfied or not.

You're being pedantic, of course it's up to the court to re-register it but who do you think applies for that to happen !!

simj37

Tootsie_Roll wrote:

So firstly you agree that it can be re-started but requires permision from the DJ - I didn't sate the mechanics of how it was done, just that it could be - now you agree.



Secondly, File Wizards post really talks about a judgment that is already paying, say over 10 years so it wasn't even a question of having to enforce the judgment, it already had been.

_Tootsie_Roll wrote:

Again they may be reluctant but it can be done and has been. Just not that often.

only when a hearing as been set by the court and the defendant does not attend.

_Tootsie_Roll wrote:

You're being pedantic, of course it's up to the court to re-register it but who do you think applies for that to happen !!

Not before a new hearing between both parties, and if the defendant enters a defence under section 24 (1) of the limitations act the judge will tend to lean towards the defendant on this issue.

Section 24 (1) of the limitations act:

An action shall not be brought upon any judgement after the expiration of six years from the date on which the judgement became enforceable.

Tootsie_Roll

The point is - It can be done, I agree it doesn't happen very often and I have made no effort to try and explain the process.

simj37

Tootsie_Roll wrote:

The point is - It can be done, I agree it doesn't happen very often and I have made no effort to try and explain the process.

Yes it can be re-registred, but only if the current judgement is being enforced

" However if it is not and has not been for the past six years then by virtue of section 24 (1) no further action can be taken".

And that includes re-registering the CCj with the credit reference agencies.

Or enforcement of the original judgement.

Tootsie_Roll

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edit as just re-read your post.

" However if it is not and has not been for the past six years then by virtue of section 24 (1) no further action can be taken".

We have already agreed this is incorrect. I really can't be bothered to reply anymore as you just don't seem to be getting it. As previously mentioned please see other reference sites for clarification and stop blindy quoting from Section 24 (1).

simj37

Tootsie_Roll wrote:

The point is - It can be done, I agree it doesn't happen very often and I have made no effort to try and explain the process.

Yes but only where the defendant is not aware of their legal rights.